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.
THIS AGREEMENT is dated 24 April 2008 and made BETWEEN:Loan Agreement • April 22nd, 2009 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • London
Contract Type FiledApril 22nd, 2009 Company Industry JurisdictionThis Agreement sets out the terms and conditions upon and subject to which the Banks agree, according to their several obligations, to make available to the Borrowers, jointly and severally, in twenty (20) Advances, a loan of up to Thirty eight million eight hundred thousand Dollars ($38,800,000) for the purpose of financing part of the construction and acquisition cost of the Ships.
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”).
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 SELLERShipbuilding Contract • October 25th, 2007 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledOctober 25th, 2007 Company 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”).
SCHEDULESPurchase and Sale Agreement • April 25th, 2014 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledApril 25th, 2014 Company IndustryThese Schedules are made and delivered pursuant to that certain Purchase and Sale Agreement (the “Agreement”), dated November 12, 2013 by and among Aegean Marine Petroleum Network Inc., a corporation organized under the Laws of the Republic of the Marshall Islands, Aegean Bunkering (USA) LLC, a limited liability company organized under the Laws of the State of Delaware (“Purchaser”), and Hess Corporation, a corporation organized under the Laws of the State of Delaware (“Seller”). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement.
TENTH SUPPLEMENTAL AGREEMENT relating to a Loan of up to US$43,160,000 to ANDROS MARINE INC. DILOS MARINE INC. IOS SHIPPING LTD AEGEAN VII SHIPPING LTD and ANAFI SHIPPING (PTE.) LTD. provided by THE ROYAL BANK OF SCOTLAND PLCLoan 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 AgreementRestructuring Support Agreement • November 6th, 2018 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • New York
Contract Type FiledNovember 6th, 2018 Company 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"):
Aegean Marine Petroleum Network Inc. (Company) and U.S. Bank National Association (Trustee) 4.25% Convertible Senior Notes due 2021 INDENTURE Dated as of December 19, 2016Indenture • May 16th, 2017 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • New York
Contract Type FiledMay 16th, 2017 Company Industry JurisdictionINDENTURE, dated as of December 19, 2016, between Aegean Marine Petroleum Network Inc., a company organized under the laws of the Republic of the Marshall Islands, as issuer (the "Company"), and U.S. Bank National Association, as trustee, conversion agent, registrar and paying agent (in such capacities, the "Trustee", "Conversion Agent", "Registrar" and "Paying Agent", respectively).
AGREEMENTBoard Composition Agreement • 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").
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
Dated 16 September 2016Amendment and Restatement Agreement • May 16th, 2017 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledMay 16th, 2017 Company Industry
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
FACILITY AGREEMENT for a Revolving Credit Facility and a Guarantee and Letter of Credit Facility of up to US$50,000,000 to AEGEAN MARINE PETROLEUM S.A. provided by THE BANKS AND FINANCIAL INSTITUTIONS SET OUT IN SCHEDULE 1 Arranger NATIONAL BANK OF...Facility Agreement • April 13th, 2012 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledApril 13th, 2012 Company IndustryThis Agreement sets out the terms and conditions upon and subject to which the Banks agree, according to their several obligations, to make available to the Borrower:
Dated 13th June 2007 SUPPLEMENTAL AGREEMENT relating to inter alia a loan of up to € 13,300,000 to OCEAN DYNAMIC CORP. -and- SEA GLOBAL S.A. as joint and several Borrowers provided by HSH NORDBANK AG -and- AEGEAN BALTIC BANK S.A. as Banks -and- HSH...Supplemental Agreement • October 25th, 2007 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledOctober 25th, 2007 Company Industry
AMENDMENT TO FACILITY AGREEMENT FOR A REVOLVING CREDIT AND LETTER OF CREDIT FACILITY DATED 30 SEPTEMBER 2008 AS AMENDED AND SUPPLEMENTED TO DATE FOR AEGEAN MARINE PETROLEUM S.A. US$ 210,000,000 HSH Nordbank A.G. / The Royal Bank of Scotland plc. (the...Facility Agreement for a Revolving Credit and Letter of Credit Facility • 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:
ContractStockholders 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
FORM OF SHIPBUILDING CONTRACT FOR THE DESIGN, CONSTRUCTION, SALE AND PURCHASE OF A 2,400 DWT DOUBLE HULL PRODUCT OIL TANKER WITH RO-RO FACILITY WITH SEVERNAV S.A.Shipbuilding Contract • November 17th, 2005 • Aegean Marine Petroleum Network Inc. • London
Contract Type FiledNovember 17th, 2005 Company Jurisdiction
Dated 29 June 2012Loan 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)Loan Agreement • April 28th, 2016 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledApril 28th, 2016 Company 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 - BELGIECredit Contract • April 13th, 2012 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
Contract Type FiledApril 13th, 2012 Company 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 millionUncommitted Secured and Storage Borrowing Base Facility Agreement • April 13th, 2012 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • England
Contract Type FiledApril 13th, 2012 Company 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 BorrowerReceivables Assignment and Security 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