Common use of Notice of Mortgage Clause in Contracts

Notice of Mortgage. The Mortgagor shall at all times keep a properly certified copy of this Fleet Mortgage and any amendments and supplements hereto and any assignments hereof (i) at its address set forth above and (ii) in the case of a Vessel that is a self-propelled Vessel, with the ship’s papers on board such Vessel and such papers shall be exhibited, on demand, to any person having business with such Vessel which might give rise to a maritime Lien on such Vessel, or to any representative of the Mortgagee; and a notice, reading as follows, printed in plain type of such size that the paragraph of reading matter shall cover a space not less than six inches wide by nine inches high, framed under glass, shall be placed and kept prominently displayed in the chart room and in the master’s cabin of each of the Vessels that is a self-propelled Vessel: “NOTICE OF MORTGAGE This Vessel is owned by AMERICAN COMMERCIAL LINES LLC (the “Mortgagor”) and is subject to a First Preferred Fleet Mortgage, dated July 7, 2009, as the same may be amended or supplemented, in favor of Bank of America, N.A., as administrative agent, collateral agent and security trustee under that certain Loan Agreement dated as of July 7, 2009, pursuant to the provisions of Chapter 313 of Title 46 of the United States Code, as amended, and under the terms of said Fleet Mortgage, the Mortgagor hereby gives notice that it has not granted any charterer, the master of this Vessel or any other person, and none thereof has, the right, power or authority to create, incur or permit to exist upon this Vessel any liens or encumbrances whatsoever, other than the lien of said Fleet Mortgage, liens for crew’s wages, wages of stevedores when employed directly by the Mortgagor or the master of this Vessel and general average or salvage (including contract salvage). Any such right, power or authority is also prohibited under the terms of said Fleet Mortgage.”

Notice of Mortgage. The Mortgagor shall Shipowner will place, and at all times keep and places will retain a properly certified copy of this Fleet Mortgage and any amendments and supplements hereto and any assignments hereof (i) at its address set forth above and (ii) in the case of a Vessel that is a self-propelled Vessel, with the ship’s papers on board the Vessel with her papers and will cause such Vessel certified copy and such papers shall the Vessel’s certificate of documentation to be exhibited, on demand, exhibited to any person and all persons having business with such Vessel therewith which might give rise to a maritime any Lien on such Vessel, or thereon and to any representative of the Mortgagee; . The Shipowner will place and a notice, reading as follows, printed in plain type of such size that the paragraph of reading matter shall cover a space not less than six inches wide by nine inches high, framed under glass, shall be placed and kept keep prominently displayed in the chart room and in the masterMaster’s cabin of each of or office on the Vessels that is Vessel a self-propelled Vesselframed printed notice in plain type reading as follows: “First Preferred Ship Mortgage NOTICE OF MORTGAGE This Vessel is owned by AMERICAN COMMERCIAL LINES LLC (THIS VESSEL IS OWNED BY [SHIPOWNER], AND IS SUBJECT TO A FIRST PREFERRED SHIP MORTGAGE IN FAVOR OF WXXXX FARGO BANK, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS COLLATERAL AGENT AND TRUSTEE, AS MORTGAGEE. UNDER THE TERMS OF THE MORTGAGE, NONE OF THE SHIPOWNER, ANY CHARTERER, THE MASTER OF THE VESSEL, OR ANY OTHER PERSON HAS ANY RIGHT, POWER OR AUTHORITY TO CREATE, INCUR OR PERMIT TO BE PLACED OR IMPOSED UPON THE VESSEL, ANY LIEN WHATSOEVER OTHER THAN “PERMITTED COLLATERAL VESSEL LIENS” AS DEFINED IN THE MORTGAGE. The Mortgagee and the “Mortgagor”) Shipowner and is subject their respective maritime counsel are hereby each jointly and severally authorized and directed to jointly certify, on behalf of the Shipowner and the Mortgagee, a First Preferred Fleet true copy of this Mortgage, dated July 7, 2009, as the same may be amended or supplemented, in favor of Bank of America, N.A., as administrative agent, collateral agent and security trustee under that certain Loan Agreement dated as of July 7, 2009, pursuant to the provisions of Chapter 313 of Title 46 of the United States Code, as amended, and under the terms of said Fleet Mortgage, the Mortgagor hereby gives notice that it has not granted any charterer, the master of this Vessel or any other person, and none thereof has, the right, power or authority to create, incur or permit to exist upon this Vessel any liens or encumbrances whatsoever, other than the lien of said Fleet Mortgage, liens for crew’s wages, wages of stevedores when employed directly duly endorsed by the Mortgagor or National Vessel Documentation Center to show its filing and recording data, to be carried on board the master of Vessel in compliance with this Vessel and general average or salvage (including contract salvage). Any such right, power or authority is also prohibited under the terms of said Fleet MortgageSxxxxxx 0 xxx 00 X.X.X. § 00000.”

Notice of Mortgage. The Mortgagor shall procure that each Owner places and, at all times keep and places, uses due diligence to retain a properly certified copy of this Fleet the Mortgage and any amendments (if applicable) Deed of Covenant relative to its Ship (which shall form part of its Ship’s documents) on board its Ship with her papers and supplements hereto and any assignments hereof (i) at its address set forth above causes such certified copy of the relevant Mortgage and (iiif applicable) in the case Deed of a Vessel that is a self-propelled Vessel, with the ship’s papers on board such Vessel and such papers shall Covenant to be exhibited, on demand, exhibited to any person and all persons having business with such Vessel its Ship which might give rise to create or imply any commitment or encumbrance whatsoever or in respect of its Ship (other than a maritime Lien on such Vessel, or lien for crew’s wages and salvage) and to any representative of the Mortgagee; Security Trustee and a notice, reading as follows, printed in plain type of such size to further procure that the paragraph of reading matter shall cover a space not less than six inches wide by nine inches high, framed under glass, shall be placed each Owner places and kept keeps prominently displayed in the chart room and in the masterMaster’s cabin of each of the Vessels that is its Ship a self-propelled Vesselframed printed notice in plain type reading as follows: “NOTICE OF MORTGAGE This Vessel is owned covered by AMERICAN COMMERCIAL LINES LLC a [[First][Second] Preferred Mortgage][[First][Second] Priority Mortgage and Deed of Covenant] to [here insert name of Security Trustee] of [here insert address of Security Trustee] (the “Mortgagor”) and is subject to a First Preferred Fleet Mortgage, dated July 7, 2009, as the same may be amended or supplemented, in favor of Bank of America, N.A., as administrative agent, collateral security agent and security trustee on behalf of itself and certain other creditors parties) [under that certain Loan Agreement dated as of July 7, 2009, pursuant to the provisions of Chapter 313 authority of Title 46 21 of the United States Code, Liberian Code of Laws of 1956 as amended, and under ]. Under the terms of the said Fleet Mortgage, Mortgage [and Deed of Covenant] neither the Mortgagor hereby gives notice that it has not granted Owner nor any charterer, charterer nor the master Master of this Vessel or nor any other person, and none thereof has, the person has any right, power or authority to create, incur or permit to exist be imposed upon this Vessel any liens lien or encumbrances whatsoever, encumbrance whatsoever other than the lien of said Fleet Mortgage, liens for crew’s wageswages and salvage” and in terms of the said notice it is hereby agreed that save and subject as otherwise herein provided, wages neither any Owner nor any charterer nor the Master of stevedores when employed directly by the Mortgagor or the master of this Vessel and general average or salvage (including contract salvage). Any such any Ship nor any other person has any right, power or authority is also prohibited under to create, incur or permit to be imposed upon any Ship any lien whatsoever other than for crew’s wages and salvage. For the terms avoidance of doubt, in relation to the Additional Second Lien Vessels only, reference to “Second” in the said Fleet Mortgage.”notice shall be retained and references to “First” deleted;

Notice of Mortgage. The Mortgagor shall procure that each Owner places and, at all times keep and places, uses due diligence to retain a properly certified copy of this Fleet the Mortgage and any amendments (if applicable) Deed of Covenant relative to its Ship (which shall form part of its Ship’s documents) on board its Ship with her papers and supplements hereto and any assignments hereof (i) at its address set forth above causes such certified copy of the relevant Mortgage and (iiif applicable) in the case Deed of a Vessel that is a self-propelled Vessel, with the ship’s papers on board such Vessel and such papers shall Covenant to be exhibited, on demand, exhibited to any person and all persons having business with such Vessel its Ship which might give rise to create or imply any commitment or encumbrance whatsoever or in respect of its Ship (other than a maritime Lien on such Vessel, or lien for crew’s wages and salvage) and to any representative of the Mortgagee; Security Trustee and a notice, reading as follows, printed in plain type of such size to further procure that the paragraph of reading matter shall cover a space not less than six inches wide by nine inches high, framed under glass, shall be placed each Owner places and kept keeps prominently displayed in the chart room and in the masterMaster’s cabin of each of the Vessels that is its Ship a self-propelled Vesselframed printed notice in plain type reading as follows: “NOTICE OF MORTGAGE This Vessel is owned covered by AMERICAN COMMERCIAL LINES LLC a [[First][Second] Preferred Mortgage][Second Priority Mortgage and Deed of Covenant] to [here insert name of Security Trustee] of [here insert address of Security Trustee] (the “Mortgagor”) and is subject to a First Preferred Fleet Mortgage, dated July 7, 2009, as the same may be amended or supplemented, in favor of Bank of America, N.A., as administrative agent, collateral security agent and security trustee on behalf of itself and certain other creditors parties) [under that certain Loan Agreement dated as of July 7, 2009, pursuant to the provisions of Chapter 313 authority of Title 46 21 of the United States Code, Liberian Code of Laws of 1956 as amended, and under ]. Under the terms of the said Fleet Mortgage, Mortgage [and Deed of Covenant] neither the Mortgagor hereby gives notice that it has not granted Owner nor any charterer, charterer nor the master Master of this Vessel or nor any other person, and none thereof has, the person has any right, power or authority to create, incur or permit to exist be imposed upon this Vessel any liens lien or encumbrances whatsoever, encumbrance whatsoever other than the lien of said Fleet Mortgage, liens for crew’s wageswages and salvage” and in terms of the said notice it is hereby agreed that save and subject as otherwise herein provided, wages neither any Owner nor any charterer nor the Master of stevedores when employed directly by the Mortgagor or the master of this Vessel and general average or salvage (including contract salvage). Any such any Ship nor any other person has any right, power or authority is also prohibited under to create, incur or permit to be imposed upon any Ship any lien whatsoever other than for crew’s wages and salvage. For the terms avoidance of doubt, in relation to the Additional Second Lien Vessels only, reference to “Second” in the said Fleet Mortgage.”notice shall be retained and references to “First” deleted;

Notice of Mortgage. The Mortgagor shall will at all times keep carry on board the Vessel (with the ship's papers) a properly certified copy of this Fleet Mortgage and any amendments and supplements hereto and any assignments hereof (i) at its address set forth above hereof, and (ii) in will exhibit or cause to be exhibited the case of a Vessel that is a self-propelled Vessel, with the ship’s papers on board such Vessel and such papers shall be exhibited, on demand, same to any person having business with such the Vessel which might give rise to a maritime Lien upon the Vessel or to the sale, conveyance, mortgage or lease thereof and, on such Vesseldemand, or to any representative of the Mortgagee; . The Mortgagor will also place and keep prominently displayed on the Vessel a notice, reading as follows, framed printed notice in plain type of such size that the paragraph of reading matter shall cover a space of not less than six inches wide by nine inches high, framed under glass, shall high (or such other dimensions as may be placed and kept prominently displayed in the chart room and in the master’s cabin of each of the Vessels that is a self-propelled Vesselrequired by law) reading as follows: “"NOTICE OF MORTGAGE This Vessel is owned by AMERICAN COMMERCIAL LINES LLC (the “Mortgagor”) Hollywood Casino Shreveport and is subject to a First Preferred Fleet MortgageShip Mortgage dated as of June 15, dated July 7, 2009, as the same may be amended or supplemented2001, in favor of Street Bank of America, N.A.and Trust Company, as administrative agentTrustee and Mortgagee, collateral agent a First Preferred Ship Mortgage dated as of August 4, 2000, in favor of State Street Bank and security trustee under that certain Loan Trust Company, as Trustee and Mortgagee, an FF&E Intercreditor Agreement dated as of July 7June 15, 20092001, pursuant to among State Street Bank and Trust Company, as trustee, Hollywood Casino Shreveport and State Street Bank and Trust Company, as trustee for the provisions benefit of the holders of the New Notes, and a Pari Passu Intercreditor Agreement dated as of June 15, 2001, among State Street Bank and Trust Company, as trustee, Hollywood Casino Shreveport and State Street Bank and Trust Company, as trustee for the benefit of the holders of the New Notes, under the authority of Chapter 301 and Chapter 313 of Title 46 of the United States Code, as amended, and under certified copies of which Mortgages are kept with this Vessel's papers. Under the terms of said Fleet MortgageMortgages neither the owner, the Mortgagor hereby gives notice that it has not granted any charterer, the master of this Vessel or nor any other person, and none thereof has, the person has any right, power or authority to create, incur or permit to exist be placed or imposed upon this Vessel any liens or encumbrances whatsoever, lien whatsoever other than the lien of said Fleet MortgageMortgages, liens for crew’s wages, wages of stevedores when employed directly by the Mortgagor or the master of this Vessel and general average or salvage (including contract salvage). Any such right, power or authority is also prohibited under and certain other liens permitted by the terms provisions of said Fleet MortgageMortgages.”"

Notice of Mortgage. The Mortgagor shall place and at all times keep and places retain a properly certified copy of this Fleet the Mortgage and any amendments and supplements hereto and any assignments hereof (iwhich shall form part of the Ship’s documents) at its address set forth above and (ii) in on board the case of a Vessel that is a self-propelled VesselShip, with its papers and cause such certified copy of the ship’s papers on board such Vessel and such papers shall be exhibited, on demandMortgage, to be exhibited to any person and all persons having business with such Vessel the Ship, which might give rise to create or imply any commitment or encumbrance whatsoever on or in respect of the Ship (other than a maritime Lien on such Vessel, or lien for crew’s wages and salvage) and to any representative of the Mortgagee; Security Agent and place and keep prominently displayed in the navigation room and in the Master’s cabin of the Ship (for so long as it is owned by the Lessor) and (in the case of the Ship), a noticeframed printed notice in plain type, prior to a Standby Ship Disposition, in such form as the Security Agent shall notify the Borrower and/or the Bareboat Charterer and, following a Standby Ship Disposition, reading as follows, printed in plain type of such size that the paragraph of reading matter shall cover a space not less than six inches wide by nine inches high, framed under glass, shall be placed and kept prominently displayed in the chart room and in the master’s cabin of each of the Vessels that is a self-propelled Vessel: “NOTICE OF MORTGAGE MORTGAGE” This Vessel is owned by AMERICAN COMMERCIAL LINES LLC (the “Mortgagor”) and Ship is subject to a First Preferred Fleet Mortgagefirst priority mortgage in favour of Golar Gas Holding Company, dated July 7Inc., 2009which Mortgage has been assigned to DnB NOR Bank ASA of 20 Xx. Xxxxxxx’x Xxxx, London EC3R 8HY as the same may be amended or supplemented, in favor of Bank of America, N.A., as administrative agent, collateral agent and security trustee under that certain Loan Agreement dated as of July 7, 2009, pursuant to the provisions authority of Chapter 313 of Title 46 3 of the United States Code, Republic of The Mxxxxxxx Xxxxxxx Xxxxxxxx Xxx 0000 as amended. Under the said mortgage, and under neither the terms of said Fleet Mortgage, Borrower nor any charterer nor the Mortgagor hereby gives notice that it has not granted any charterer, the master Master of this Vessel or Ship has any other person, and none thereof has, the right, power or authority to create, incur or permit to exist be imposed upon this Vessel Ship any liens commitments or encumbrances whatsoever, whatsoever other than the lien of said Fleet Mortgage, liens for crew’s wageswages and salvage”. and in terms of the said notices it is hereby agreed that save and subject as otherwise herein provided, wages neither the Lessee, the Bareboat Charterer nor any other charterer nor the Master of stevedores when employed directly by the Mortgagor or the master of this Vessel and general average or salvage (including contract salvage). Any such Ship, nor any other person has any right, power or authority is also prohibited under to create, incur or permit to be imposed upon the terms of said Fleet Mortgage.”Ship any lien whatsoever other than for crew’s wages and salvage;

Notice of Mortgage. The Mortgagor shall at all times keep Owner will carry or cause to be carried a properly certified copy of this Fleet Mortgage and any amendments and supplements hereto and any assignments hereof (i) at its address set forth above and (ii) in the case of a Vessel that is a self-propelled Vessel, with the ship’s papers on board each Vessel with such Vessel's documents and will cause such certified copy and the documents of each Vessel and such papers shall to be exhibited, on demand, exhibited to any person and all persons having business with such Vessel which might give rise to a maritime Lien on such Vessellien thereon or to any sale, conveyance, mortgage or lease thereof, and to any representative of the Mortgagee; and will cause to be placed and kept prominently displayed in the chart room and in the Master's cabin of each Vessel a notice, reading as followsframed under glass, printed in plain type of such size that the paragraph of reading matter shall cover a space not less than six inches wide by and nine inches high, framed under glass, shall be placed and kept prominently displayed in the chart room and in the master’s cabin of each of the Vessels that is a self-propelled Vesselreading as follows: “NOTICE OF FIRST PREFERRED FLEET MORTGAGE This Vessel is owned by AMERICAN COMMERCIAL LINES LLC (the “Mortgagor”) Xxxxx Towing Corporation and is subject to a First Preferred Fleet Mortgage, dated July 7, 2009, as the same may be amended or supplemented, Mortgage in favor of Bank of America, N.A.BancBoston Leasing Inc., as administrative agentagent for itself and certain other lenders, collateral agent and security trustee as mortgagee, under that certain Loan Agreement dated as of July 7, 2009, pursuant to the provisions of Chapter 313 authority of Title 46 of the United States Code, as amended, and under 00 Xxxxxx Xxxxxx Xxxx Xxxxxxx 00000 ET SEQ. Under the terms of said Fleet MortgageMortgage neither the owner of this Vessel, nor any one on the Mortgagor hereby gives notice that it has not granted owner's behalf, nor, any charterer, the master of this Vessel or Master, nor any other person, and none thereof has, the person has any right, power or authority to create, incur or permit to exist be placed or imposed upon this Vessel Vessel, its freights, profits or hire, any liens or encumbrances lien whatsoever, other than the lien of said Fleet Mortgage, and other Permitted Liens under said Mortgage, and liens for crew’s wageswages of crew or the Master of this Vessel arising from the current voyage, for wages of stevedores when employed directly by the Mortgagor Vessel, or the master of this Vessel and for general average or salvage (including contract salvage). Any such right, power or authority is also prohibited under the terms of said Fleet Mortgagerepairs and towage.”

Notice of Mortgage. The Mortgagor shall will at all times keep carry on board the Vessel (with the ship's papers) a properly certified copy of this Fleet Mortgage and any amendments and supplements hereto and any assignments hereof (i) at its address set forth above hereof, and (ii) in will exhibit or cause to be exhibited the case of a Vessel that is a self-propelled Vessel, with the ship’s papers on board such Vessel and such papers shall be exhibited, on demand, same to any person having business with such the Vessel which might give rise to a maritime Lien upon the Vessel or to the sale, conveyance, mortgage or lease thereof and, on such Vesseldemand, or to any representative of the Mortgagee; . The Mortgagor will also place and keep prominently displayed on the Vessel a notice, reading as follows, framed printed notice in plain type of such size that the paragraph of reading matter shall cover a space of not less than six inches wide by nine inches high, framed under glass, shall high (or such other dimensions as may be placed and kept prominently displayed in the chart room and in the master’s cabin of each of the Vessels that is a self-propelled Vesselrequired by law) reading as follows: “"NOTICE OF MORTGAGE This Vessel is owned by AMERICAN COMMERCIAL LINES LLC (the “Mortgagor”) HWCC-Tunica, Inc. and is subject to a First Preferred Fleet Mortgage, dated July 7, 2009, as the same may be amended or supplemented, Ship Mortgage in favor of State Street Bank of America, N.A.and Trust Company, as administrative agentTrustee, collateral agent as Mortgagee, and security trustee a Second Preferred Ship Mortgage in favor of Hollywood Casino Corporation, as Mortgagee, which Second Preferred Ship Mortgage has been assigned by Hollywood Casino Corporation to State Street Bank and Trust Company, as Trustee, under that certain Loan Agreement dated as the authority of July 7, 2009, pursuant to the provisions of Chapter 301 and Chapter 313 of Title 46 of the United States Code, as amended, and under a certified copy of which Mortgages are kept with this Vessel's papers. Under the terms of said Fleet MortgageMortgages neither the owner, the Mortgagor hereby gives notice that it has not granted any charterer, the master of this Vessel or nor any other person, and none thereof has, the person has any right, power or authority to create, incur or permit to exist be placed or imposed upon this Vessel any liens or encumbrances whatsoever, lien whatsoever other than the lien of said Fleet MortgageMortgages, liens for crew’s wages, wages of stevedores when employed directly by the Mortgagor or the master of this Vessel and general average or salvage (including contract salvage). Any such right, power or authority is also prohibited under and certain other liens permitted by the terms provisions of said Fleet MortgageMortgages.”"

Notice of Mortgage. The Mortgagor shall will at all times keep carry on board each Vessel (with the ship's papers) a properly certified copy of this Fleet Mortgage and any amendments and supplements hereto and any assignments hereof (i) at its address set forth above hereof, and (ii) in will exhibit or cause to be exhibited the case of a Vessel that is a self-propelled Vessel, with the ship’s papers on board such Vessel and such papers shall be exhibited, on demand, same to any person having business with such Vessel which might give rise to a maritime Lien upon such Vessel or to the sale, conveyance, mortgage or lease thereof and, on such Vesseldemand, or to any representative of the Mortgagee; . The Mortgagor will also place and keep prominently displayed on each Vessel a notice, reading as follows, framed printed notice in plain type of such size that the paragraph of reading matter shall cover a space of not less than six inches wide by nine inches high, framed under glass, shall high (or such other dimensions as may be placed and kept prominently displayed in the chart room and in the master’s cabin of each of the Vessels that is a self-propelled Vesselrequired by law) reading as follows: “"NOTICE OF MORTGAGE This Vessel is owned by AMERICAN COMMERCIAL LINES LLC (the “Mortgagor”) Hollywood Casino-Aurora, Inc. and is subject to a First Preferred Fleet Mortgage, dated July 7, 2009, as the same may be amended or supplemented, Mortgage in favor of Bank of America, N.A.Hollywood Casino Corporation, as administrative agentMortgagee, collateral agent which First Preferred Fleet Mortgage has been assigned by Hollywood Casino Corporation to State Street Bank and security trustee Trust Company, as Trustee, under that certain Loan Agreement dated as the authority of July 7, 2009, pursuant to the provisions of Chapter 301 and Chapter 313 of Title 46 of the United States Code, as amended, and under a certified copy of which Mortgage is kept with this Vessel's papers. Under the terms of said Fleet MortgageMortgage neither the owner, the Mortgagor hereby gives notice that it has not granted any charterer, the master of this Vessel or nor any other person, and none thereof has, the person has any right, power or authority to create, incur or permit to exist be placed or imposed upon this Vessel any liens or encumbrances whatsoever, lien whatsoever other than the lien of said Fleet Mortgage, liens for crew’s wages, wages of stevedores when employed directly by the Mortgagor or the master of this Vessel and general average or salvage (including contract salvage). Any such right, power or authority is also prohibited under and certain other liens permitted by the terms provisions of said Fleet Mortgage.”"

Notice of Mortgage. The Mortgagor shall Shipowner will place, and at all times keep and places will retain a properly certified copy of this Fleet Mortgage and any amendments and supplements hereto and any assignments hereof (i) at its address set forth above and (ii) in the case of a Vessel that is a self-propelled Vessel, with the ship’s papers on board the Vessel with her papers and will cause such Vessel certified copy and such papers shall the Vessel’s certificate of documentation to be exhibited, on demand, exhibited to any person and all persons having business with such Vessel therewith which might give rise to a maritime any Lien on such Vessel, or thereon and to any representative of the Mortgagee; . The Shipowner will place and a notice, reading as follows, printed in plain type of such size that the paragraph of reading matter shall cover a space not less than six inches wide by nine inches high, framed under glass, shall be placed and kept keep prominently displayed in the chart room and in the masterMaster’s cabin of each of or office on the Vessels that is Vessel a self-propelled Vesselframed printed notice in plain type reading as follows: “NOTICE OF MORTGAGE This Vessel is owned by AMERICAN COMMERCIAL LINES LLC (THIS VESSEL IS OWNED BY [SHIPOWNER], AND IS SUBJECT TO A SECOND PREFERRED SHIP MORTGAGE IN FAVOR OF WXXXX FARGO BANK, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS COLLATERAL AGENT AND TRUSTEE, AS MORTGAGEE. UNDER THE TERMS OF THE MORTGAGE, NONE OF THE SHIPOWNER, ANY CHARTERER, THE MASTER OF THE VESSEL, OR ANY OTHER PERSON HAS ANY RIGHT, POWER OR AUTHORITY TO CREATE, INCUR OR PERMIT TO BE PLACED OR IMPOSED UPON THE VESSEL, ANY LIEN WHATSOEVER OTHER THAN “PERMITTED COLLATERAL VESSEL LIENS” AS DEFINED IN THE MORTGAGE. The Mortgagee and the “Mortgagor”) Shipowner and is subject their respective maritime counsel are hereby each jointly and severally authorized and directed to jointly certify, on behalf of the Shipowner and the Mortgagee, a First Preferred Fleet true copy of this Mortgage, dated July 7, 2009, as the same may be amended or supplemented, in favor of Bank of America, N.A., as administrative agent, collateral agent and security trustee under that certain Loan Agreement dated as of July 7, 2009, pursuant to the provisions of Chapter 313 of Title 46 of the United States Code, as amended, and under the terms of said Fleet Mortgage, the Mortgagor hereby gives notice that it has not granted any charterer, the master of this Vessel or any other person, and none thereof has, the right, power or authority to create, incur or permit to exist upon this Vessel any liens or encumbrances whatsoever, other than the lien of said Fleet Mortgage, liens for crew’s wages, wages of stevedores when employed directly duly endorsed by the Mortgagor or National Vessel Documentation Center to show its filing and recording data, to be carried on board the master of Vessel in compliance with this Vessel and general average or salvage (including contract salvage). Any such right, power or authority is also prohibited under the terms of said Fleet MortgageSxxxxxx 0 xxx 00 X.X.X. § 00000.”

Notice of Mortgage. The Mortgagor shall Shipowner will place, and at all times keep and places will retain a properly certified copy of this Fleet Mortgage and any amendments and supplements hereto and any assignments hereof (i) at its address set forth above and (ii) in the case of a Vessel that is a self-propelled Vessel, with the ship’s papers on board the Vessel with her papers and will cause such Vessel certified copy and such papers shall the Vessel’s certificate of documentation to be exhibited, on demand, exhibited to any person and all persons having business with such Vessel therewith which might give rise to a maritime any Lien on such Vessel, or thereon and to any representative of the Mortgagee; . The Shipowner will place and a notice, reading as follows, printed in plain type of such size that the paragraph of reading matter shall cover a space not less than six inches wide by nine inches high, framed under glass, shall be placed and kept keep prominently displayed in the chart room and in the masterMaster’s cabin of each of or office on the Vessels that is Vessel a self-propelled Vesselframed printed notice in plain type reading as follows: “NOTICE OF MORTGAGE This Vessel is owned by AMERICAN COMMERCIAL LINES LLC (the THIS VESSEL IS OWNED BY [SHIPOWNER], AND IS SUBJECT TO A FIRST PREFERRED SHIP MORTGAGE IN FAVOR OF JEFFERIES FINANCE LLC, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS COLLATERAL AGENT AND TRUSTEE, AS MORTGAGEE. UNDER THE TERMS OF THE MORTGAGE, NONE OF THE SHIPOWNER, ANY CHARTERER, THE MASTER OF THE VESSEL, OR ANY OTHER PERSON HAS ANY RIGHT, POWER OR AUTHORITY TO CREATE, INCUR OR PERMIT TO BE PLACED OR IMPOSED UPON THE VESSEL, ANY LIEN WHATSOEVER OTHER THAN “Mortgagor”) and is subject to a PERMITTED COLLATERAL VESSEL LIENS” AS DEFINED IN THE MORTGAGE. First Preferred Fleet Ship Mortgage The Mortgagee and the Shipowner and their respective maritime counsel are hereby each jointly and severally authorized and directed to jointly certify, on behalf of the Shipowner and the Mortgagee, a true copy of this Mortgage, dated July 7, 2009, as the same may be amended or supplemented, in favor of Bank of America, N.A., as administrative agent, collateral agent and security trustee under that certain Loan Agreement dated as of July 7, 2009, pursuant to the provisions of Chapter 313 of Title 46 of the United States Code, as amended, and under the terms of said Fleet Mortgage, the Mortgagor hereby gives notice that it has not granted any charterer, the master of this Vessel or any other person, and none thereof has, the right, power or authority to create, incur or permit to exist upon this Vessel any liens or encumbrances whatsoever, other than the lien of said Fleet Mortgage, liens for crew’s wages, wages of stevedores when employed directly duly endorsed by the Mortgagor or National Vessel Documentation Center to show its filing and recording data, to be carried on board the master of Vessel in compliance with this Vessel and general average or salvage (including contract salvage). Any such right, power or authority is also prohibited under the terms of said Fleet MortgageSxxxxxx 0 xxx 00 X.X.X. § 00000.”

Notice of Mortgage. The Mortgagor shall at all times keep Shipowner will exhibit and/or will cause to be exhibited, a properly certified copy of this Fleet Mortgage and of any amendments and or supplements hereto and any or assignments hereof (i) at its address set forth above and (ii) in the case of a Vessel that is a self-propelled Vessel, with the ship’s papers on board such Vessel and such papers shall be exhibitedhereof, on demand, to any person having business with such the Vessel which might give rise to a maritime Lien on such Vessel, or and to any representative of the Shipowner or the Mortgagee; and . Unless otherwise approved by the Mortgagee, a notice, notice reading as follows, printed in plain type of such size that the each paragraph of reading matter shall cover a space not less than six (6) inches wide by nine (9) inches high, and framed under glass, shall be placed and kept prominently displayed in on the chart room and in the master’s cabin of each of the Vessels that is a self-propelled Vessel: “NOTICE OF MORTGAGE This Vessel is owned by AMERICAN COMMERCIAL LINES LLC (THIS VESSEL IS OWNED BY STATIA MARINE, INC., A CAYMAN ISLANDS EXEMPTED COMPANY, AND IS COVERED BY A FIRST PREFERRED SHIP MORTGAGE DATED AS OF DECEMBER 20, 2000, IN FAVOR OF TRANSAMERICA EQUIPMENT FINANCIAL SERVICES CORPORATION, A DELAWARE CORPORATION, AS MORTGAGEE, UNDER THE LAWS OF THE REPUBLIC OF VANUATU. UNDER THE TERMS OF SAID MORTGAGE, NO OWNER, OPERATOR, CHARTERER, CARGO OWNER, SUBCHARTERER OR THE MASTER OF THIS VESSEL, OR ANY OTHER PERSON, HAS THE RIGHT, POWER OR AUTHORITY TO CREATE, INCUR OR PERMIT TO EXIST ON THIS VESSEL ANY LIEN WHATSOEVER OTHER THAN LIENS FOR CREW'S WAGES AND SALVAGE. Such notice shall be changed from time to time to reflect the “Mortgagor”) and is subject to a First Preferred Fleet Mortgage, dated July 7, 2009, as the same may be amended identity of any successor Shipowner or supplemented, in favor of Bank of America, N.A., as administrative agent, collateral agent and security trustee under that certain Loan Agreement dated as of July 7, 2009, pursuant to the provisions of Chapter 313 of Title 46 of the United States Code, as amended, and under the terms of said Fleet Mortgage, the Mortgagor hereby gives notice that it has not granted any charterer, the master of this Vessel or any other person, and none thereof has, the right, power or authority to create, incur or permit to exist upon this Vessel any liens or encumbrances whatsoever, other than the lien of said Fleet Mortgage, liens for crew’s wages, wages of stevedores when employed directly by the Mortgagor or the master of this Vessel and general average or salvage (including contract salvage). Any such right, power or authority is also prohibited under the terms of said Fleet MortgageMortgagee.”