12% CONVERTIBLE DEBENTURE DUE 2014Convertible Security Agreement • December 24th, 2013 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • New York
THIS 12% CONVERTIBLE DEBENTURE is one of a series of duly authorized and validly issued 12% Convertible Debentures of NewLead Holdings Ltd., a Bermuda corporation, (the “Company”), having its principal place of business at 83 Akti Miaouli & Flessa Str., Piraeus Greece 185 38, designated as its 12% Convertible Debenture due 2014 (this debenture, the “Debenture” and, collectively with the other debentures of such series, the “Debentures”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 24th, 2013 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of December 23, 2013, between NewLead Holdings Ltd., a Bermuda corporation (the “Company”) and Dominion Capital L.L.C. (including its successors and assigns, “Purchaser”).
Facility Agreement for a US$360,000,000 Revolving Credit Facility to ARIES MARITIME TRANSPORT LIMITEDFacility Agreement • April 18th, 2007 • Aries Maritime Transport LTD • Deep sea foreign transportation of freight
Exhibit 4.4 THIRD SUPPLEMENTAL AGREEMENTRevolving Credit Facility • April 20th, 2007 • Aries Maritime Transport LTD • Deep sea foreign transportation of freight
EXCHANGE AGREEMENTExchange Agreement • May 26th, 2016 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • New York
REGISTRATION RIGHTS AGREEMENT by and among ARIES MARITIME TRANSPORT LIMITED and ROCKET MARINE INC.Registration Rights Agreement • May 31st, 2005 • Aries Maritime Transport LTD • Deep sea foreign transportation of freight • New York
REGISTRATION RIGHTS AGREEMENT dated as of June , 2005, by and between ARIES MARITIME TRANSPORT LIMITED, a Bermuda company (the “Company”), and ROCKET MARINE INC., a Marshall Islands company (the “Stockholder”).
Dated: 9th May, 2011 FBB-FIRST BUSINESS BANK S.A. - and - NEWLEAD PROSPERITY INC. LOAN AGREEMENT relating to a term loan facility of up to US$12,000,000 Theo V. Sioufas & Co. Law Offices PiraeusLoan Agreement • July 1st, 2011 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
COMMON STOCK PURCHASE WARRANTWarrant Agreement • December 24th, 2013 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • New York
This Warrant has been issued pursuant to the terms of that certain Securities Purchase Agreement, dated as of December 23, 2013 (the “Purchase Agreement”), by and among the Company and Purchaser party thereto, including the Holder. Capitalized terms not defined herein shall have the meanings given to them in the Purchase Agreement. As used herein the following terms, unless the context otherwise requires, have the following respective meanings:
ADDITIONAL DEFINITIONSSub-Bareboat Charter Agreement • July 1st, 2011 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
EXCHANGE AGREEMENTExchange Agreement • May 26th, 2016 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • New York
Dated 6 May 2010 MARFIN EGNATIA BANK Societe Anonyme as Lender -and- AUSTRALIA HOLDINGS LTD. CHINA HOLDINGS LTD. BRAZIL HOLDINGS LTD. GRAND RODOSI INC. NEWLEAD SHIPPING S.A. and NEWLEAD BULKERS S.A. as joint and several Borrowers FINANCIAL AGREEMENT...Financial Agreement • July 19th, 2010 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
Dated 16 October 2007 as novated, amended and restated on 31 March 2010 and as further novated, amended and restated on 4 June 2010 NEWLEAD VICTORIA LTD. as Borrower — and — WESTLB AG, LONDON BRANCH as Lender LOAN AGREEMENT relating to a term loan...Loan Agreement • July 19th, 2010 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
THIS AGREEMENT originally made on 16 October 2007 as novated, amended and restated by the First Deed of Novation, Amendment and Restatement and as further novated, amended and restated by the Second Deed of Novation, Amendment and Restatement (each as defined below).
SETTLEMENT AGREEMENTSettlement Agreement • May 26th, 2016 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • New York
DATED 28 NOVEMBER 2012Deed of Charge and Assignment • February 19th, 2013 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • London
THALASSA HOLDINGS SA PELAGOS HOLDINGS SA (as Vendors) NEWLEAD TANKER ACQUISITIONS INC (as Purchaser) and NEWLEAD HOLDINGS LTD. (as NewLead) SHARE SALE AND PURCHASE AGREEMENTShare Sale and Purchase Agreement • May 14th, 2015 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
REGISTRATION RIGHTS AGREEMENT BETWEEN ARIES MARITIME TRANSPORT LIMITED AND INVESTMENT BANK OF GREECE Dated as of October 13, 2009 Relating to 5,000,000 WARRANTS TO PURCHASE COMMON STOCK OF ARIES MARITIME TRANSPORT LIMITEDRegistration Rights Agreement • October 22nd, 2009 • Aries Maritime Transport LTD • Deep sea foreign transportation of freight • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of October 13, 2009, by and between Aries Maritime Transport Limited, a Bermuda company (the “Company”), and Investment Bank of Greece (“IBG”), who is entitled to receive 5,000,000 warrants exercisable to purchase the Company’s common stock (the “Warrants”) pursuant to the Warrant Purchase Agreement (as defined below). The Warrants will be exercisable to purchase, subject to the terms thereof, fully paid, nonassessable shares of common stock, $0.01 par value per share, of the Company (the “Common Stock”). The shares of Common Stock issuable upon the exercise of the Warrants are herein referred to as the “Warrant Shares”.
Date 21 July 2010 GRANDUNION INC. as Existing Borrower -and- NEWLEAD HOLDINGS LTD. as New Borrower -and- THE BANKS listed in Schedule 1 as Lenders -and- MARFIN EGNATIA BANK Societe Anonyme as Agent DEED OF NOVATION, AMENDMENT AND RESTATEMENT relating...Deed of Novation, Amendment and Restatement • September 21st, 2010 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
This Agreement (the ‘Agreement’) is entered into this 28th day of December 2004 by and between:Sale Agreement • June 3rd, 2005 • Aries Maritime Transport LTD • Deep sea foreign transportation of freight • London
10,200,000 Shares Aries Maritime Transport Limited Common Shares UNDERWRITING AGREEMENTUnderwriting Agreement • June 2nd, 2005 • Aries Maritime Transport LTD • Deep sea foreign transportation of freight • New York
ContractShip Management Agreement • May 16th, 2005 • Aries Maritime Transport LTD • London
Dated: 22nd October, 2007 EFG EUROBANK ERGASIAS S.A. - and - GRAND ESMERALDA INC. and GRAND FORTUNESHIP INC. LOAN AGREEMENT for a secured floating interest rate loan facility of up to US$32,000,000 THEO V. SIOUFAS LAW OFFICES 13, Defteras Merarchias...Loan Agreement • September 21st, 2010 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 14th, 2015 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • Nevada
This SECURITIES PURCHASE AGREEMENT (the “Agreement”) is dated and effective as of December 31, 2014 (the “Effective Date”), by and between NEWLEAD HOLDINGS LTD., an exempted company incorporated under the laws of Bermuda (the “Company”), and TCA GLOBAL CREDIT MASTER FUND, LP, a limited partnership organized and existing under the laws of the Cayman Islands (the “Buyer”).
Date 15 April 2010 AYASHA TRADING CORPORATION BETHUNE PROPERTIES S.A. as joint and several Borrowers — and — THE BANKS AND FINANCIAL INSTITUTIONS listed in Schedule 1 as Lenders — and — BANK OF SCOTLAND PLC BTMU CAPITAL CORPORATION as Lead Arrangers...Facility Agreement • July 19th, 2010 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 26th, 2010 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • New York
This Registration Rights Agreement (the “Agreement”) dated as of April 1, 2010 is entered into by and between NewLead Holdings Ltd., a Bermuda corporation (the “Company”) and Grandunion, Inc., a Marshall Islands corporation (“Grandunion”).
FOURTH SUPPLEMENTAL AGREEMENTRevolving Credit Facility • June 30th, 2008 • Aries Maritime Transport LTD • Deep sea foreign transportation of freight
ContractShip Management Agreement • June 26th, 2009 • Aries Maritime Transport LTD • Deep sea foreign transportation of freight
ADDITIONAL CLAUSES 21-28 TO SHIP MANAGEMENT AGREEMENT BETWWEN ERMINA MARINE LIMITED AND AMT MANAGEMENT LTD DATED 27TH NOVEMBER 2008 FOR THE VESSEL NORDANVIND BEING AS INTEGRAL PART OF SUCH AGREEMENT.
Dated: 15th October, 2010 FBB-FIRST BUSINESS BANK S.A. (as lender) - and - GRAND SPARTOUNTA INC. (as Borrower) - and - NEWLEAD HOLDINGS LTD. (as Corporate Guarantor) - and - NEWLEAD BULKERS S.A. (as Manager) FIRST SUPPLEMENTAL AGREEMENT in relation to...Loan Agreement • July 1st, 2011 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
AND IS SUPPLEMENTAL to a loan agreement dated 2nd July, 2010 made between (1) the Bank, as lender and (2) the Borrower, as borrower (the “Principal Agreement”), on the terms and conditions of which the Bank has advanced to the Borrower a secured loan facility of up to Twenty four million one hundred fifty thousand United States Dollars (US$24,150,000) (the “Loan”) for the purposes therein specified (the Principal Agreement as hereby amended and as the same may hereinafter be further amended and/or supplemented is hereinafter called the “Loan Agreement”).
Dated 10 December 2010 GRAND VENETICO INC. GRAND MARKELA INC. NEWLEAD SHIPPING S.A. NEWLEAD BULKERS S.A. GRAND RODOSI INC. BRAZIL HOLDINGS LTD. AUSTRALIA HOLDINGS LTD. —and— CHINA HOLDINGS LTD. as joint and several Borrowers —and— THE BANKS AND...Financial Agreement • January 11th, 2011 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
Form of Notes PROMISSORY NOTEPromissory Note • March 10th, 2014 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
FOR VALUE RECEIVED, Ironridge Global IV, Ltd., a British Virgin Islands business company (“Borrower”), promises to pay to the order of NewLead Holdings Ltd., a Bermuda company (“Lender”), the principal sum of $2,499,997.50 in United States currency, together with interest thereon, as follows:
Dated: 5th November, 2010 Commerzbank Aktiengesellschaft as Bank - and - Grand Venetico Inc. as Borrower - and - NewLead Holdings Ltd. as Corporate Guarantor - and - Newlead Bulkers S.A. as Approved Manager THIRD SUPPLEMENTAL AGREEMENT in relation to...Third Supplemental Agreement • July 1st, 2011 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 24th, 2013 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • New York
This Agreement is made pursuant to that certain Securities Purchase Agreement (the “Purchase Agreement”), dated as of the date hereof, between the Company and the Investors.
DATED 11 JUNE 2008 SUPPLEMENTAL AGREEMENTSupplemental Agreement • June 30th, 2008 • Aries Maritime Transport LTD • Deep sea foreign transportation of freight
DEBT PURCHASE AGREEMENTDebt Purchase Agreement • May 26th, 2016 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • New York
This Debt Purchase Agreement (the “Agreement”) made as of this 14th day of December, 2015, by and between Toledo Advisors, LLC (the “Buyer”) and F&S Capital Partners, LTD (the “Seller”).
RIGHT OF FIRST REFUSAL AGREEMENTRight of First Refusal Agreement • May 31st, 2005 • Aries Maritime Transport LTD • Deep sea foreign transportation of freight • New York
This Right of First Refusal Agreement (this “Agreement”) is made effective as of May , 2005 by and between: (a) Magnus Carriers Corp., a Panamanian corporation (“Magnus”); Gabriel Petridis, an individual residing at (“GP”); and Mons Bolin, an individual residing at (“MB” and together with Magnus and GP, collectively, the “Grantors”); and (b) Aries Maritime Transport Limited, a Bermuda company (“Aries”).
COMPENSATION AGREEMENTCompensation Agreement • July 3rd, 2014 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight
This Compensation Agreement is dated as of July 1, 2014 between NewLead Holdings Ltd., a Bermuda exempted company (the “Company”), and Marc J. Ross (the “Consultant”).
