Xxxxx GmbH. The Agent hereby gives notice to the Borrower that, pursuant to Clause 5.5 (Fixed Rate) of the Loan Agreement, the Borrower shall from [date] 2006 pay interest on the outstanding amount of the Loan at the Fixed Rate of [ ] per cent ([—]%) per annum. Capitalised terms used herein shall have the same meanings as in the Loan Agreement. Date: 200[4/5/6] By: Agreed: By: “NORWEGIAN SEA” Xxxxx Xxxxxxx Limited [*] [*] [*] “NORWEGIAN MAJESTY” Ocean Voyager Limited [*] [*] [*] “NORWEGIAN WIND” Crown Wind Limited [*] [*] [*] “NORWEGIAN CROWN” currently on bareboat charter to Crown Odyssey Limited Sold to Xxxx Xxxxx Cruise Lines Pte. Ltd. on 1 September 2006 [*] [*] [*] “NORWEGIAN DREAM” Ocean Dream Limited [*] [*] [*] “XXXXX XXXX” currently on bareboat charter to Ocean World Limited Sold to Story Cruise Ltd. on 23 July 2007 [*] [*] [*]
Xxxxx GmbH. (“ALW Germany”) was a German international trading company headquartered and with its principal place of business in Hamburg, Germany, that purchased, imported, exported, distributed, sold, and processed food products, including honey. ALW Germany had subsidiaries, affiliates, and representative offices located throughout the world (collectively “ALW Food Group”), including Xxxxxx X. Xxxxx, Inc. in Chicago, Illinois (“ALW USA”). On or about November 19, 2006, ALW USA caused to be filed CBP entry forms 3461 and 7501 for the three container loads of Polish-origin honey from purchase order 995, one container of which was adulterated with Chloramphenicol at a level of 0.6 parts per billion. Thereafter, in or about December 2006, while acting within the scope of his employment and with the intent to benefit Honey Holding, XXXXXX, while in the course of the discharge of his duties, caused Honey Holding to issue purchase order 461 and in doing so, agreed to purchase from ALW Food Group the adulterated container of honey from ALW Food Group’s purchase order 995 at a discounted price of 65 cents per pound, with the price reflecting duties paid and delivery to Texas, and did so knowing that the honey was adulterated with Chloramphenicol. XXXXXX intended to introduce the adulterated honey into the stream of commerce of the United States knowing that the honey was adulterated with Chloramphenicol and intended to conceal from Honey Holding’s customers and government authorities that the honey was so adulterated. In fact, XXXXXX, on behalf of Honey Holding, sold the adulterated honey to customers without disclosing its adulterated nature and by falsely representing that it did not contain a prohibited antibiotic. As a result of this scheme, XXXXXX, defrauded Honey Holding’s downstream customers of approximately $26,624 in that adulterated honey from
