Common use of Ownership of the Existing Shares Clause in Contracts

Ownership of the Existing Shares. As of the date hereof, such Securityholder (a) is the beneficial and record owner of DSSI Shares as indicated on Schedule A hereto opposite such Securityholder’s name, free and clear of any proxy, voting restriction, adverse claim or other Lien, other than those created by the DDA and this Agreement, the Merger Agreement or under applicable securities Laws, and (b) has sole voting power over all of the Existing Shares owned beneficially or of record by such Securityholder and sole power of disposition with respect to all of the Existing Shares, and, except as disclosed in Schedule 13D/A filed by Capital and its Affiliates on March 10, 2020, no person other than such Securityholder has any right to direct or approve the voting or disposition of any of the Existing Shares. As of the date hereof, such Securityholder does not own, beneficially or of record, any capital stock or other securities of DSSI or any Subsidiary of DSSI other than the DSSI Shares set forth on Schedule A opposite such Securityholder’s name. As of the date hereof, such Securityholder does not own, beneficially or of record, any rights to purchase or acquire any shares of capital stock or other equity interests of DSSI or any Subsidiary of DSSI except as set forth on Schedule A opposite such Securityholder’s name. Except for the DDA, none of the Subject Securities are subject to any voting trust agreement or other Contract to which such Securityholder is a party restricting or otherwise relating to the voting or Transfer of any of the Subject Securities. Such Securityholder has not appointed or granted any proxy or power of attorney that is still in effect with respect to any Subject Securities, except as provided in Section 5.

Ownership of the Existing Shares. As of the date hereof, such Securityholder (a) is the beneficial and record owner of DSSI Shares as indicated on Schedule ‎Schedule A hereto opposite such Securityholder’s name, free and clear of any proxy, voting restriction, adverse claim or other Lien, other than those created by the DDA Director Designation Agreement (the “DDA”), dated as of March 27, 2019, by and between WX Xxxx & Co. LLC, and Diamond S Shipping Inc., and this Agreement, the Merger Agreement or under applicable securities Laws, and (b) has sole voting power over all of the Existing Shares owned beneficially or of record by such Securityholder and sole power of disposition with respect to all of the Existing Shares, and, except as disclosed in Schedule 13D/A filed by Capital and its Affiliates WX Xxxx & Co. LLC on March 10November 21, 20202019, no person other than such Securityholder has any right to direct or approve the voting or disposition of any of the Existing Shares. As of the date hereof, such Securityholder does not own, beneficially or of record, any capital stock or other securities of DSSI or any Subsidiary of DSSI other than the DSSI Shares set forth on Schedule ‎Schedule A opposite such Securityholder’s name. As of the date hereof, such Securityholder does not own, beneficially or of record, any rights to purchase or acquire any shares of capital stock or other equity interests of DSSI or any Subsidiary of DSSI except as set forth on Schedule ‎Schedule A opposite such Securityholder’s name. Except for the DDA, none of the Subject Securities are subject to any voting trust agreement or other Contract to which such Securityholder is a party restricting or otherwise relating to the voting or Transfer of any of the Subject Securities. Such Securityholder has not appointed or granted any proxy or power of attorney that is still in effect with respect to any Subject Securities, except as provided in Section 5‎5.

Ownership of the Existing Shares. As of the date hereof, such Securityholder (a) is the beneficial and record owner of DSSI Shares shares of Gatos Common Stock as indicated on Schedule A hereto opposite such Securityholder’s name, free and clear of any proxy, voting restriction, adverse claim or other Lien, other than those (i) any Liens imposed on such shares of Gatos Common Stock pursuant to the Electrum Credit Arrangements, and (ii) Liens created by the DDA and this Agreement, the Merger Agreement or under applicable securities Laws, and (b) has sole voting power over all of the Existing Shares owned beneficially or of record by such Securityholder and sole power of disposition with respect to all of the Existing Shares, and, except as disclosed in Schedule 13D/A filed by Capital and its Affiliates on March 10, 2020, no person other than such Securityholder has any right to direct or approve the voting or disposition of any of the Existing Shares. As of the date hereof, such Securityholder does not own, beneficially or of record, any capital stock or other securities of DSSI Gatos or any Subsidiary of DSSI Gatos other than the DSSI Shares shares of Gatos Common Stock set forth on Schedule A opposite such Securityholder’s name. As of the date hereof, such Securityholder does not own, beneficially or of record, any rights to purchase or acquire any shares of capital stock or other equity interests of DSSI Gatos or any Subsidiary of DSSI Gatos except as set forth on Schedule A opposite such Securityholder’s name. Except for the DDA, none None of the Subject Securities are subject to any voting trust agreement or other Contract to which such Securityholder is a party restricting or otherwise relating to the voting or Transfer of any of the Subject Securities. Such Securityholder has not appointed or granted any proxy or power of attorney that is still in effect with respect to any Subject Securities, except as provided in Section 5the Shareholders Agreement. Such Securityholder has not entered into and will not enter into any agreement or commitment with any person the effect of which would be inconsistent with or otherwise violate any of the provisions and agreements set forth herein.

Ownership of the Existing Shares. As of the date hereof, such the Securityholder (a) is the beneficial and or record owner of DSSI Shares shares of Gatos Common Stock as indicated on Schedule A hereto opposite such the Securityholder’s name, free and clear of any proxy, voting restriction, adverse claim or other Lien, other than those created by the DDA and this Agreement, the Merger Agreement or under applicable securities Laws, and (b) has sole voting power over all of the Existing Shares owned beneficially or of record by such the Securityholder and sole power of disposition with respect to all of the Existing Shares, and, except as disclosed in Schedule 13D/A filed by Capital and its Affiliates on March 10, 2020, no person other than such the Securityholder has any right to direct or approve the voting or disposition of any of the Existing Shares. As of the date hereof, such the Securityholder does not own, beneficially or of record, any capital stock or other securities of DSSI Gatos or any Subsidiary of DSSI Gatos other than the DSSI Shares shares of Gatos Common Stock set forth on Schedule A opposite such the Securityholder’s name. As of the date hereof, such the Securityholder does not own, beneficially or of record, any rights to purchase or acquire any shares of capital stock or other equity interests of DSSI Gatos or any Subsidiary of DSSI Gatos except as set forth on Schedule A opposite such the Securityholder’s name. Except for the DDA, none None of the Subject Securities are subject to any voting trust agreement or other Contract to which such the Securityholder is a party restricting or otherwise relating to the voting or Transfer of any of the Subject Securities. Such The Securityholder has not appointed or granted any proxy or power of attorney that is still in effect with respect to any Subject Securities, except as provided in Section 5. The Securityholder has not entered into and will not enter into any agreement or commitment with any person the effect of which would be inconsistent with or otherwise violate any of the provisions and agreements set forth herein.