STOCKHOLDERS RIGHTS AGREEMENT between AEGEAN MARINE PETROLEUM NETWORK INC. and COMPUTERSHARE TRUST COMPANY, N.A., as Rights Agent Dated as of August 14, 2009Stockholders Rights Agreement • August 14th, 2009 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • New York
Contract Type FiledAugust 14th, 2009 Company Industry Jurisdictionsecurities of the Company) having a value equal to two times the exercise price of the Right. Notwithstanding any of the foregoing, following the occurrence of the event set forth in this paragraph, all Rights that are, or were (under certain circumstances specified in the Agreement), beneficially owned by any Acquiring Person will be null and void. However, Rights are not exercisable following the occurrence of the event set forth above until such time as the Rights are no longer redeemable by the Company as set forth below.
FORM OF REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 3rd, 2006 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • New York
Contract Type FiledNovember 3rd, 2006 Company Industry JurisdictionREGISTRATION RIGHTS AGREEMENT, dated as of , 2006, by and among AEGEAN MARINE PETROLEUM NETWORK INC., a Marshall Islands corporation (the “Company”), LEVERET INTERNATIONAL INC., a Liberian corporation (“Leveret”), and AMPNINVEST LLC, a Marshall Islands limited liability company (“AMPNInvest” and together with Leveret, the “Shareholders”).
LOAN AGREEMENT for a Loan of up to US$26,250,000 to ETON MARINE LTD. BENMORE SERVICES S.A. and INGRAM ENTERPRISES CO. provided by THE BANKS AND FINANCIAL INSTITUTIONS SET OUT IN SCHEDULE 1 Arranger, Agent, Security Agent and Account Bank AEGEAN BALTIC...Loan Agreement • November 3rd, 2006 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • London
Contract Type FiledNovember 3rd, 2006 Company Industry Jurisdiction
SECOND SUPPLEMENTAL AGREEMENT relating to a loan of up to (originally) US$38,800,000 to KASSOS NAVIGATION S.A. TILOS NAVIGATION S.A. SYMI NAVIGATION S.A. and HALKI NAVIGATION S.A. as joint and several Borrowers provided by THE BANKS AND FINANCIAL...Agreement • April 28th, 2016 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • London
Contract Type FiledApril 28th, 2016 Company Industry Jurisdiction
Restructuring Support AgreementAegean Marine Petroleum Network Inc. • November 6th, 2018 • Wholesale-petroleum & petroleum products (no bulk stations) • New York
Company FiledNovember 6th, 2018 Industry JurisdictionThis Restructuring Support Agreement (including all exhibits and schedules attached hereto and in accordance with Section 2, this "Agreement")1 is made and entered into as of [●], 2018 (the "Execution Date"), by and among the following parties and any such party that subsequent to the date hereof executes and delivers a joinder to this Agreement ("Joinder Agreement") in the form of Exhibit C or a Transfer Agreement in the form of Exhibit D (each of the foregoing described in sub-clauses (i), (ii), (iii), and (iv), a "Party" and, collectively, the "Parties"):
Dated 16 September 2016And Restatement Agreement • May 16th, 2017 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledMay 16th, 2017 Company Industry
Contract No. QHS-207-5500-06101801 FORM OF SHIPBUILDING CONTRACT FOR CONSTRUCTION OF ONE 5500 DWT CLASS OIL TANKER (HULL NO. ) BETWEEN as BUYER and QINGDAO HYUNDAI SHIPBUILDING CO., LTD as SELLERShipbuilding Contract • November 3rd, 2006 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledNovember 3rd, 2006 Company IndustryThis CONTRACT, entered into this day 18th of Oct. 2006, by and between a corporation organized and existing under the laws of the Republic of Liberia, having its registered office at 80, Broad Street, Monrovia, Liberia or its nominee, (hereinafter called the “BUYER”) on one part; and QINGDAO HYUNDAI SHIPBUILDING CO., LTD, a corporation organized and existing under the Laws of the People’s Republic of China, having its registered office at Lingshanwei Jiaonan, PC 266427, Qingdao Shandong Province, the People’s Republic of China (hereinafter called the “BUILDER” or the “SELLER”), on the other part
LOAN AGREEMENT for a Loan of up to US$37,560,000 to ANDROS MARINE INC. DILOS MARINE INC. IOS MARINE INC. SIFNOS MARINE INC. and TINOS MARINE INC. provided by THE ROYAL BANK OF SCOTLAND PLCLoan Agreement • October 25th, 2007 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • London
Contract Type FiledOctober 25th, 2007 Company Industry Jurisdiction
Shares of Common Stock AEGEAN MARINE PETROLEUM NETWORK INC. [FORM OF] UNDERWRITING AGREEMENTLetter Agreement • December 5th, 2006 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • New York
Contract Type FiledDecember 5th, 2006 Company Industry JurisdictionAegean Marine Petroleum Network Inc., a corporation organized and existing under the laws of the Republic of the Marshall Islands (the “Company”), proposes, subject to the terms and conditions stated herein (the “Agreement”), to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 12,500,000 shares (the “Firm Shares”) of its common stock, par value $0.01 per share (the “Common Stock”). For the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, the Company also proposes to issue and sell to the Underwriters up to an additional 1,875,000 shares of Common Stock (the “Additional Shares”). The Firm Shares and any Additional Shares purchased by the Underwriters are referred to herein as the “Shares”. Bear, Stearns & Co. Inc. (“Bear Stearns”), Johnson Rice & Company L.L.C., Simmons & Company International and Dahlman Rose & Company, LLC are acting as lead managers or
AGREEMENTAgreement • May 2nd, 2018 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • Delaware
Contract Type FiledMay 2nd, 2018 Company Industry JurisdictionThis Agreement (this "Agreement") is made and entered into as of April 26, 2018 by and among Aegean Marine Petroleum Network Inc., a corporation incorporated under the laws of the Republic of the Marshall Islands (the "Company"), RBM Holdings LLC ("RBM") and the additional signatories set forth on Exhibit A hereto (together with RBM, the "RBM Parties", and each of them, the Company and RBM, a "Party" to this Agreement, and collectively, the "Parties").
FORM OF SHIPBUILDING CONTRACT FOR CONSTRUCTION OF ONE 3800 DWT PRODUCT OIL TANKER (HULL NO. DN-3800- ) BETWEEN as BUYER and FUJIAN SOUTHEAST SHIPYARD as SELLERAegean Marine Petroleum Network Inc. • October 25th, 2007 • Wholesale-petroleum & petroleum products (no bulk stations)
Company FiledOctober 25th, 2007 IndustryThis CONTRACT, entered into this day 25 May 2007, by and between , a corporation organized and existing under the Laws of Liberia, having its registered office at 80, Broad Street, Monrovia, Liberia or its nominee, thereinafter called the “BUYER”) on one part; and Fujian Southeast Shipyard, a corporation organized and existing under the Laws of the People’s Republic of China, having its registered office at 7# Jianshe Road, Economic Technical Development Zone of Fuzhou, Fujian Province, the People’s Republic of China ( hereinafter called the “SELLER” or the “SELLER”).
ContractUncommitted Credit Agreement • December 15th, 2017 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • New York
Contract Type FiledDecember 15th, 2017 Company Industry Jurisdiction
Dated 8 June 2007 SUPPLEMENTAL AGREEMENTSupplemental Agreement • October 25th, 2007 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • London
Contract Type FiledOctober 25th, 2007 Company Industry Jurisdiction
Dated 13th June 2007 SUPPLEMENTAL AGREEMENT relating to inter alia a loan of up to € 13,300,000 to OCEAN DYNAMIC CORP. -and- SEA GLOBAL S.A. as joint and several Borrowers provided by HSH NORDBANK AG -and- AEGEAN BALTIC BANK S.A. as Banks -and- HSH...Supplemental Agreement • October 25th, 2007 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledOctober 25th, 2007 Company Industry
AMENDMENT TO FACILITY AGREEMENT FOR A REVOLVING CREDIT AND LETTER OF CREDIT FACILITY DATED 30 SEPTEMBER 2008 AS AMENDED AND SUPPLEMENTED TO DATE FOR AEGEAN MARINE PETROLEUM S.A. US$ 210,000,000 HSH Nordbank A.G. / The Royal Bank of Scotland plc. (the...Facility Agreement • April 13th, 2012 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledApril 13th, 2012 Company IndustryIn order to induce the issuing lenders to enter into the amended Facility Agreement, each Security Party as stated in the Facility Agreement hereby represents and warrants that:
ContractThe Stockholders Rights Agreement • August 21st, 2018 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • New York
Contract Type FiledAugust 21st, 2018 Company Industry JurisdictionTHIS AMENDMENT NO. 1 TO THE STOCKHOLDERS RIGHTS AGREEMENT (this "Amendment") is entered into as of August 15, 2018, by Aegean Marine Petroleum Network Inc., a Marshall Islands corporation (the "Company"), and Computershare Trust Company, N.A., a federally chartered trust company, as Rights Agent (the "Rights Agent").
SUPPLEMENTAL AGREEMENT relating to a Loan of up to (originally) US$248,400,000 to AEGEAN MARINE PETROLEUM NETWORK INC. and AEGEAN MARINE PETROLEUM S.A.Supplemental Agreement • April 28th, 2016 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledApril 28th, 2016 Company Industry
Dated 29 June 2012Supplemental Agreement • April 26th, 2013 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • London
Contract Type FiledApril 26th, 2013 Company Industry JurisdictionClause Page 1 Definitions 3 2 Agreement of the Bank 5 3 Amendments to Principal Agreement 6 4 Representations and warranties 6 5 Conditions 7 6 Relevant Parties' confirmation 8 7 Expenses 8 8 Miscellaneous and notices 9 9 Applicable law 9
Dated 28 July 2010 SUPPLEMENTAL AGREEMENT relating to a loan of up to (originally) US$17,600,000 to TASMAN SEAWAYS INC. and SANTON LIMITED as joint and several Borrowers provided by NATIONAL BANK OF GREECE S.A.Supplemental Agreement • April 28th, 2016 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledApril 28th, 2016 Company Industry
Loan Agreement dated 24 April 2008 (as amended)Aegean Marine Petroleum Network Inc. • April 28th, 2016 • Wholesale-petroleum & petroleum products (no bulk stations)
Company FiledApril 28th, 2016 Industry
TRADE RECEIVABLES PURCHASE AGREEMENTTrade Receivables Purchase Agreement • April 28th, 2016 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • New York
Contract Type FiledApril 28th, 2016 Company Industry JurisdictionAMENDED AND RESTATED TRADE RECEIVABLES PURCHASE AGREEMENT (this "Agreement"), dated as of November 13, 2015, between AEGEAN MARINE PETROLEUM S.A., a corporation organized and existing under the laws of Liberia, as seller (in such capacity, the "Seller") and servicer (in such capacity, the "Servicer") hereunder; Deutsche Bank AG, New York Branch, as purchaser ("DBNY"); and Deutsche Bank Trust Company Americas, as purchaser ("DBTCA"; DBNY and DBTCA as each individually also referred to as the "Purchaser", as the context may require, and collectively as the "Purchasers"), with DBNY acting as documentation agent hereunder for the Purchasers (in such capacity, the "Documentation Agent").
LOAN AGREEMENT for a Loan of up to US$17,600,000 to TASMAN SEAWAYS INC. and SANTON LIMITED provided by NATIONAL BANK OF GREECE S.A.Loan Agreement • November 3rd, 2006 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledNovember 3rd, 2006 Company Industry
KBC Bank KBC BC ANTWERPEN NOORD KC3740 - NOORDERLAAN 119 box B4 - 2030 ANTWERPEN - BELGIEAegean Marine Petroleum Network Inc. • April 13th, 2012 • Wholesale-petroleum & petroleum products (no bulk stations)
Company FiledApril 13th, 2012 IndustryThe naamloze vennootschap (company with limited liability) VERBEKE BUNKERING at 2960 Brecht, Nijverheidsstraat 7, established on 01-08-1972, entered in the Register of Legal Persons under number VAT BE 0412.527.142
FIRST AMENDMENT TO AMENDED AND RESTATED TRADE RECEIVABLES PURCHASE AGREEMENTTrade Receivables Purchase Agreement • May 16th, 2017 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • New York
Contract Type FiledMay 16th, 2017 Company Industry JurisdictionFIRST AMENDMENT, dated as of November 14, 2016 (this "First Amendment"), to the Amended and Restated Trade Receivables Purchase Agreement, dated as of November 13, 2015 (as amended, supplemented or otherwise modified from time to time, the "Purchase Agreement"), by and among Aegean Marine Petroleum S.A. (the "Seller"), Deutsche Bank AG, New York Branch and Deutsche Bank Trust Company Americas, as purchasers (the "Purchasers") Unless otherwise defined herein, terms used herein shall have the meanings assigned thereto in the Purchase Agreement.
STOCK PURCHASE AGREEMENTStock Purchase Agreement • May 16th, 2017 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • New York
Contract Type FiledMay 16th, 2017 Company Industry JurisdictionThis Stock Purchase Agreement (this "Agreement") is entered into as of August 17, 2016 by and between Aegean Marine Petroleum Network Inc., a Marshall Islands corporation (the "Buyer" or "AMPNI"), Dimitris Melisanidis ("DM") and Leskira Holdings Co. Limited, a Cypriot corporation controlled by DM ("Leskira"). DM and Leskira are sometimes referred to in this Agreement each as a "Seller" and collectively as the "Sellers". The Sellers and the Buyer are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties".
Aegean Marine Petroleum SA Aegean Petroleum International inc. Uncommitted Secured And Storage Borrowing Base Facility Agreement USD 220 millionAegean Marine Petroleum Network Inc. • April 13th, 2012 • Wholesale-petroleum & petroleum products (no bulk stations) • England
Company FiledApril 13th, 2012 Industry JurisdictionBNP Paribas's General Conditions Related to Trade Finance entered into between BNP Paribas and Aegean on 19 November 2009 and Aegean Petroleum on respectively (the "General Conditions") shall to the fullest extent possible apply mutatis mutandis to this Agreement (this "Agreement"), the Borrowers, the Guarantor and the transactions contemplated herein.
Dated 29 June 2012 SUPPLEMENTAL AGREEMENT relating to an Overdraft Facility of up to (originally) US$10,000,000 to AEGEAN BUNKERING SERVICES INC. provided by PIRAEUS BANK A.E.Supplemental Agreement • April 26th, 2013 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledApril 26th, 2013 Company IndustryClause Page 1 Definitions 4 2 Agreement of the Bank 5 3 Amendments to Principal Agreement and Principal Corporate Guarantee 5 4 Representations and warranties 7 5 Conditions 8 6 Relevant Parties' confirmation 8 7 Fees and expenses 9 8 Miscellaneous and notices 9 9 Applicable law 10 Schedule 1 Documents and evidence required as conditions precedent 11
FACILITY AGREEMENT for an Overdraft Facility of up to US$20,000,000 to MILOS I MARITIME INC. BALDWIN MANAGEMENT CO. and VERA NAVIGATION S.A. provided by PIRAEUS BANK A.E.Facility Agreement • April 22nd, 2009 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledApril 22nd, 2009 Company IndustryThis Agreement sets out the terms and conditions upon and subject to which the Bank agrees to make available to the Borrowers jointly and severally a revolving overdraft facility of up to Twenty million Dollars ($20,000,000) to be used for the purpose of assisting the Borrowers to finance the working capital needs of the Borrowers and/or any other members of the Group.
SHORT TERM FINANCING AGREEMENTShort Term Financing Agreement • September 29th, 2006 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledSeptember 29th, 2006 Company Industry
MARINE FUEL SUPPLY SERVICE AGREEMENT, DATED APRIL 1, 2005, BY AND BETWEEN AEGEAN MARINE PETROLEUM S.A. AND AEGEAN OIL S.A.Marine Fuel Supply Service Agreement • November 17th, 2005 • Aegean Marine Petroleum Network Inc.
Contract Type FiledNovember 17th, 2005 Company
FACILITY AGREEMENT for an Overdraft Facility of up to US$10,000,000 to AEGEAN BUNKERING SERVICES INC. provided by PIRAEUS BANK A.E.Facility Agreement • April 6th, 2011 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledApril 6th, 2011 Company IndustryThis Agreement sets out the terms and conditions upon and subject to which the Bank agrees to make available to the Borrower a revolving overdraft facility of up to Ten million Dollars ($10,000,000) to be used for the purpose of assisting the Borrower to finance the working capital needs of the Borrower and/or any other members of the Group.
SHORT TERM FINANCING AGREEMENTShort Term Financing Agreement • September 29th, 2006 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledSeptember 29th, 2006 Company IndustryMYKONOS MARITIME INC, NAXOS MARITIME INC, PAROS MARITIME INC, SANTORINI MARITIME INC, SYROS MARITIME INC:, all of Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands MH96960, Marshall Islands (hereinafter the “Co-Borrowers”).
RECEIVABLES ASSIGNMENT AND SECURITY AGREEMENT Dated as of September 21, 2010 by and between AEGEAN MARINE PETROLEUM S.A. as BorrowerServicing Agreement • April 6th, 2011 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • New York
Contract Type FiledApril 6th, 2011 Company Industry JurisdictionTHIS RECEIVABLES ASSIGNMENT AND SECURITY AGREEMENT is dated as of September 21, 2010, by and between AEGEAN MARINE PETROLEUM S.A., a corporation incorporated in Liberia (the "Borrower"), and DEUTSCHE BANK AG, NEW YORK BRANCH, a German banking corporation, as lender (the "Lender").
To: Eton Marine Ltd.Loan Agreement • April 25th, 2014 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledApril 25th, 2014 Company Industry
Dated 23 June 2011 FOURTH SUPPLEMENTAL AGREEMENT relating to a loan of up to US$26,250,000 to ETON MARINE LTD. BENMORE SERVICES S.A. and INGRAM ENTERPRISES CO. as joint and several Borrowers provided by THE BANKS AND FINANCIAL INSTITUTIONS SET OUT IN...Fourth Supplemental Agreement • April 13th, 2012 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledApril 13th, 2012 Company IndustryContents Clause Page 1 Definitions 2 2 Consent of the Creditors 3 3 Amendments to the Principal Agreement and the Principal Aegean Marine Guarantee 3 4 Representations and warranties 5 5 Conditions 7 6 Security Parties' confirmations 7 7 Expenses 8 Miscellaneous and notices 8 9 Applicable law 9 Schedule 1 Names and addresses of the Banks 10 Schedule 2 Documents and evidence required as conditions precedent 11