WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT
Exhibit 10.21
EXECUTION COPY
WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT
WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT (this “Fifth Amendment”), dated as of January 31, 2011, by and among GENERAL MARITIME CORPORATION, a Xxxxxxxx Islands corporation (the “Parent”), GENERAL MARITIME SUBSIDIARY CORPORATION, a Xxxxxxxx Islands corporation (the “Borrower”), the Lenders party from time to time to the Credit Agreement referred to below (the “Lenders”), NORDEA BANK FINLAND PLC, NEW YORK BRANCH, as Administrative Agent and Collateral Agent (in such capacities, the “Administrative Agent”), the undersigned pledgors (the “Pledgors”) party to the Pledge Agreement (as defined below), and NORDEA BANK FINLAND PLC, NEW YORK BRANCH, as Pledgee under the Pledge Agreement and Deposit Account Bank (in such capacities, the “Pledgee”). Unless otherwise defined herein, capitalized terms used herein and defined in the Credit Agreement or Pledge Agreement, as applicable, are used herein as therein defined.
W I T N E S S E T H :
WHEREAS, the Parent, the Borrower, the Lenders and the Administrative Agent are parties to an Amended and Restated Credit Agreement, dated as of October 20, 2008 and amended on October 27, 2009, December 18, 2009, July 12, 2010 and December 22, 2010 (as further amended, modified and/or supplemented to, but not including, the date hereof, the “Credit Agreement”); and
WHEREAS, the Pledgors and the Pledgee are parties to a Pledge and Security Agreement, dated as of October 31, 2005 (as amended, modified and/or supplemented to, but not including, the date hereof, the “Pledge Agreement”); and
WHEREAS, subject to the terms and conditions of this Fifth Amendment, the parties hereto wish to amend certain provisions of the Credit Agreement and the Pledge Agreement as herein provided;
NOW, THEREFORE, it is agreed:
I. Waiver to Credit Agreement.
1. Notwithstanding anything to the contrary contained in the Credit Agreement, the Required Lenders hereby waive the Borrower’s obligation to deliver the officer’s certificate under Section 9.02(i) in connection with any sale of Mortgaged Vessels on or prior to June 30, 2011 including, without limitation, the Genmar Princess and the Genmar Gulf
2. Notwithstanding anything to the contrary contained in the Credit Agreement, the Required Lenders hereby waive the Minimum Cash Balance covenant set forth in Section 9.07 of the Credit Agreement through February 28, 2011 and any Event of Default under Sections 10.02, 10.03 and/or 10.04 arising therefrom (the “Waiver”); provided that the Waiver shall cease to be of any force or effect on the earlier of (x) February 28, 2011 and (ii) any failure by the Parent to deliver Cash Flow Projections set forth in Section II(1)(B) below for more than one Business Day after written notice thereof from the Administrative Agent to the Parent, after which time
the failure of the Parent to meet such Minimum Cash Balance covenant shall constitute an immediate Event of Default under the Credit Agreement without regard to this Fifth Amendment.
II. Amendments to Credit Agreement.
1. Section 9.02(i) of the Credit Agreement is hereby amended by (x) deleting the text “provided further that in the case of both clause (x) and (y) above, that the Borrower shall have delivered to the Administrative Agent” appearing in said Section and inserting the text “provided, further, that in the case of both clauses (x) and (y) above, the Borrower shall have delivered to the Administrative Agent (I)” in lieu thereof and (y) inserting the text “and (II) at least three Business Days (or such other period as shall be agreed by the Borrower and the Administrative Agent) prior written notice of the proposed sale, lease or other disposition of a Mortgaged Vessel, which notice shall set forth the expected closing date of such sale, lease or other disposition and the date of the corresponding repayment of Loans and/or reduction of Commitments” immediately preceding the semi-colon “;” at the end of said Section.
2. Section 9.06 of the Credit Agreement is hereby amended by deleting the text “other than in the ordinary course of business and” appearing in said Section and inserting the text “unless” in lieu thereof.
III. Amendments to Pledge Agreement.
1. The definition of “Concentration Accounts” appearing in Section 2 of the Pledge Agreement is hereby amended and restated in its entirety as follows:
“Concentration Accounts” shall mean any account held at any time by a Pledgor (including, without limitation, a Pledgor that becomes a party to this Agreement by executing a joinder hereto) into which any earnings constituting Earnings and Insurance Collateral (as defined in the Credit Agreement) are deposited.
2. The definition of “Earnings Collateral” appearing in Section 2 of the Pledge Agreement is hereby amended and restated in its entirety as follows:
“Earnings Collateral” shall mean “Earnings and Insurance Collateral” as defined in the Credit Agreement.
IV. Miscellaneous Provisions.
1. In order to induce the Lenders to enter into this Fifth Amendment,
(A) each of the Parent and the Borrower hereby represents and warrants that (i) no Default or Event of Default exists as of the Fifth Amendment Effective Date (as defined below) after giving effect to this Fifth Amendment and (ii) all of the representations and warranties contained in the Credit Agreement and the Pledge Agreement or the other Credit Documents are true and correct in all material respects on the Fifth Amendment Effective Date both before and after giving effect to this Fifth Amendment, with the same effect as though such
representations and warranties had been made on and as of the Fifth Amendment Effective Date (it being understood that any representation or warranty made as of a specific date shall be true and correct in all material respects as of such specific date).
(B) the Parent agrees to deliver, on the Fifth Amendment Effective Date and by no later than Friday of each calendar week thereafter to and including February 25, 2011, cash flow projections for the Parent and its Subsidiaries (the “Cash Flow Projections”) for the 13-week period beginning on the calendar week in which such Cash Flow Projections are due, which Cash Flow Projections shall (i) be based on information available, and projections made, as of the last Business Day of the immediately preceding calendar week and (ii) include a variance report describing in reasonable detail the variance(s) in actual cash flow from projected cash flow for the week ended on such last Business Day.
2. This Fifth Amendment is limited precisely as written and shall not be deemed to (i) be a waiver of or a consent to the modification of or deviation from any other term or condition of the Credit Agreement or the other Credit Documents or any of the other instruments or agreements referred to therein, or (ii) prejudice any right or rights which any of the Lenders or the Administrative Agent now have or may have in the future under or in connection with the Credit Agreement, the Credit Documents or any of the other instruments or agreements referred to therein.
3. This Fifth Amendment may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which counterparts when executed and delivered shall be an original, but all of which shall together constitute one and the same instrument. Delivery of any executed counterpart of this Fifth Amendment by telecopy or electronic mail by any party hereto shall be effective as such party’s original executed counterpart.
4. THIS FIFTH AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION.
5. This Fifth Amendment shall become effective on the date (the “Fifth Amendment Effective Date”) when (i) the Parent, the Borrower, the Administrative Agent and the Lenders constituting the Required Lenders shall have signed a counterpart hereof (whether the same or different counterparts) and shall have delivered (including by way of pdf, facsimile or other electronic transmission) the same to White & Case LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Attention: May Xxx-Xxxxxxx (facsimile number: 000-000-0000 / e-mail address: xxxx@xxxxxxxxx.xxx); (ii) the Borrower shall have paid a non-refundable cash fee of $10,000 to each Lender party hereto, which fee shall be earned by each such Lender on the Fifth Amendment Effective Date and made payable to the Administrative Agent for distribution to such Lenders; (iii) the Borrower shall have paid to the Administrative Agent all outstanding fees and expenses in connection with the Fifth Amendment (including, without limitation, the fees
and expenses of White & Case LLP); and (iv) the Administrative Agent shall have received a copy of a valid waiver, in form and substance reasonably satisfactory to the Administrative Agent, from the Required Lenders under and as defined in each of (i) the Credit Agreement, dated as of July 16, 2010, among the Parent, General Maritime Subsidiary II Corporation, as borrower, the lenders from time to time party thereto and Nordea Bank Finland plc, New York Branch, as administrative agent (as amended from time to time to, but not including, the date hereof) and (ii) the Credit Agreement, dated as of October 4, 2010, among the Parent, Arlington Tankers Ltd., as borrower, the lenders from time to time party thereto and Nordea Bank Finland plc, New York Branch, as administrative agent (as amended from time to time to, but not including, the date hereof), of the minimum cash balance covenants set forth therein and any events of default arising therefrom, which waiver shall in each case be effective in accordance with its terms.
6. The Parent, the Borrower and each Subsidiary Guarantor as debtor, grantor, pledgor or assignor, or in any other similar capacity in which the Parent, the Borrower and each Subsidiary Guarantors grant liens or security interests in their respective property or otherwise act as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Credit Documents to which it is a party (after giving effect hereto) and (ii) to the extent the Parent, the Borrower and each Subsidiary Guarantor granted liens on or security interests in any of its property pursuant to any such Credit Document as security for the Parent, the Borrower and each Subsidiary Guarantor’s Obligations under or with respect to the Credit Documents, ratifies and reaffirms such guarantee and grants of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. The Parent, the Borrower and each Subsidiary Guarantor hereby consents to this Fifth Amendment and acknowledges that each of the Credit Documents remains in full force and effect and is hereby ratified and reaffirmed. Except as otherwise provided herein, the execution of this Fifth Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, constitute a waiver of any provision of any of the Credit Documents or serve to effect a novation of the Obligations.
7. From and after the Fifth Amendment Effective Date, all references in the Credit Agreement and each of the other Credit Documents to the Credit Agreement shall be deemed to be references to the Credit Agreement, as modified hereby on the Fifth Amendment Effective Date.
[Signature pages to follow]
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute and deliver this Fifth Amendment as of the date first above written.
|
GENERAL MARITIME CORPORATION | ||||
|
(formerly General Maritime Corporation), | ||||
|
|
as the Parent and a Pledgor | |||
|
|
| |||
|
|
| |||
|
By: |
/s/ Xxxxxxx X. Xxxxxx | |||
|
|
Name: |
Xxxxxxx X. Xxxxxx | ||
|
|
Title: |
Executive Vice President, Chief Financial | ||
|
|
Officer | |||
|
|
| |||
|
|
| |||
|
GENERAL MARITIME SUBSIDIARY | ||||
|
CORPORATION (formerly General Maritime | ||||
|
Corporation), | ||||
|
|
as the Borrower and a Pledgor | |||
|
|
| |||
|
|
| |||
|
By: |
/s/ Xxxxx Xxxx | |||
|
|
Name: |
Xxxxx Xxxx | ||
|
|
Title: |
Secretary | ||
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
GMR XXXXXX LLC |
|
GMR AGAMEMNON LLC |
|
GMR AJAX LLC |
|
GMR ALEXANDRA LLC |
|
GMR ARGUS LLC |
|
GMR XXXXXXXXXXX LLC |
|
GMR DEFIANCE LLC |
|
GMR ELEKTRA LLC |
|
GMR XXXXXX X. LLC |
|
GMR GULF LLC |
|
GMR XXXXXXX X. LLC |
|
GMR HOPE LLC |
|
GMR HORN LLC |
|
GMR XXXX X. LLC |
|
GMR MINOTAUR LLC |
|
GMR ORION LLC |
|
GMR PHOENIX LLC |
|
GMR PRINCESS LLC |
|
GMR PROGRESS LLC |
|
GMR REVENGE LLC |
|
GMR SPYRIDON LLC |
|
GMR ST. NIKOLAS LLC |
|
GMR STRENGTH LLC, |
|
as Pledgors and Subsidiary Guarantors |
|
By: |
/s/ Xxxxx Xxxx | |
|
|
Name: |
Xxxxx Xxxx |
|
|
Title: |
Manager |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
ARLINGTON TANKERS LTD. |
|
VICTORY LTD. |
|
COMPANION LTD. |
|
COMPATRIOT LTD. |
|
CONSUL LTD. |
|
GMR CHARTERING LLC, |
|
as Pledgors and Subsidiary Guarantors |
|
By: |
/s/ Xxxxx Xxxx | |
|
|
Name: |
Xxxxx Xxxx |
|
|
Title: |
Vice President and Treasurer |
|
|
|
|
|
|
|
|
|
GMR ADMINISTRATION CORP., | ||
|
as a Pledgor and a Subsidiary Guarantor | ||
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxxx X. Xxxxxxxxx | |
|
|
Name: |
Xxxx X. Xxxxxxxxx |
|
|
Title: |
President |
|
|
|
|
|
GENERAL MARITIME MANAGEMENT LLC, | ||
|
as a Pledgor and a Subsidiary Guarantor | ||
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxxxx Xxxx | |
|
|
Name: |
Xxxxx Xxxx |
|
|
Title: |
Manager & Commercial Director |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
GENERAL MARITIME MANAGEMENT | ||
|
(PORTUGAL) LLC, | ||
|
as a Pledgor and a Subsidiary Guarantor | ||
|
| ||
|
| ||
|
By: |
/s/ Rui Xxxxx Xxxx Pereira_ | |
|
|
Name: |
Rui Xxxxx Xxxx Xxxxxxx |
|
|
Title: |
Manager |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
THE COMMON SEAL of | ||
|
GENERAL MARITIME CREWING PTE. LTD., as a Pledgor and a Subsidiary Guarantor | ||
|
was hereunto affixed by | ||
|
|
| |
|
|
| |
|
By: |
/s/ Xxxxx Xxxxxx Xxxxxxx | |
|
|
Name: |
Xxxxx Xxxxxx Xxxxxxx |
|
|
Title: |
Director |
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxxx Xxxxx Xxxx | |
|
|
Name: |
Xxxx Xxxxx Xxxx |
|
|
Title: |
Secretary |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
GENERAL MARITIME MANAGEMENT | ||
|
(PORTUGAL), LDA. and a Subsidiary | ||
|
Guarantor, | ||
|
as a Pledgor | ||
|
| ||
|
By: |
/s/ Rui Xxxxx Xxxx Xxxxxxx | |
|
|
Name: |
Rui Xxxxx Xxxx Xxxxxxx |
|
|
Title: |
Manager |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
LIMITED “GENERAL MARITIME CREWING”, | ||
|
as a Pledgor and a Subsidiary Guarantor | ||
|
| ||
|
By: |
/s/ Xxxxxxxx Liventsov | |
|
|
Name: |
Xxxxxxxx Liventsov |
|
|
Title: |
Director |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
NORDEA BANK FINLAND PLC, NEW YORK BRANCH, | ||
|
Individually and as Administrative Agent, Collateral Agent, Pledgee under the Pledge and Security Agreement and Deposit Account Bank | ||
|
| ||
|
| ||
|
By: |
/s/ Xxxxxx Xxxxxx | |
|
|
Name: |
Xxxxxx Xxxxxx |
|
|
Title: |
Senior Vice President |
|
|
| |
|
|
| |
|
By: |
/s/ Xxxxxx X. Xxxxxxx, Xx. | |
|
|
Name: |
Xxxxxx X. Xxxxxxx, Xx. |
|
|
Title: |
SVP Credit |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
SIGNATURE PAGE TO WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT, DATED AS OF THE FIRST DATE WRITTEN ABOVE, AMONG GENERAL MARITIME CORPORATION, GENERAL MARITIME SUBSIDIARY COPORATION, THE PLEDGORS PARTY TO THE PLEDGE AND SECURITY AGREEMENT, VARIOUS FINANCIAL INSTITUTIONS AND NORDEA BANK FINLAND PLC, NEW YORK BRANCH, AS ADMINISTRATIVE AGENT, COLLATERAL AGENT, PLEDGEE UNDER THE PLEDGE AND SECURITY AGREEMENT AND DEPOSIT ACCOUNT BANK | ||
|
| ||
|
NAME OF INSTITUTION: | ||
|
| ||
|
Allied Irish Banks, p.l.c. | ||
|
| ||
|
By: |
/s/ Xxxx Xxxxxx | |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Head of Infrastructure, London |
|
|
| |
|
By: |
| |
|
|
Name: | |
|
|
Title: |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
SIGNATURE PAGE TO WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT, DATED AS OF THE FIRST DATE WRITTEN ABOVE, AMONG GENERAL MARITIME CORPORATION, GENERAL MARITIME SUBSIDIARY COPORATION, THE PLEDGORS PARTY TO THE PLEDGE AND SECURITY AGREEMENT, VARIOUS FINANCIAL INSTITUTIONS AND NORDEA BANK FINLAND PLC, NEW YORK BRANCH, AS ADMINISTRATIVE AGENT, COLLATERAL AGENT, PLEDGEE UNDER THE PLEDGE AND SECURITY AGREEMENT AND DEPOSIT ACCOUNT BANK
NAME OF INSTITUTION:
BNP PARIBAS
BNP Paribas’s approval is subject to the following conditions:
1. The 2001-built VLCC, Genmar Vision, is to be provided as additional collateral (on a first priority mortgage basis) as soon as this vessel becomes unencumbered.
2. The practice of preparing and delivering the 13-week cash flow projections on a weekly basis for the benefit of the lenders is to be continued through year-end 2011.
3. The waiver (concerning the Borrower’s obligation to deliver the officer’s certificate under Section 9.02(i)) should not allow for the waiving of the pro forma compliance on the ‘Collateral Maintenance’ covenant test.
|
By: |
/s/ Guillaume Deve | |
|
|
Name: |
Guillaume Deve |
|
|
Title: |
Managing Director |
|
|
| |
|
By: |
/s/ Xxxxx X’Xxxx | |
|
|
Name: |
Xxxxx X’Xxxx |
|
|
Title: |
Director |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
SIGNATURE PAGE TO WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT, DATED AS OF THE FIRST DATE WRITTEN ABOVE, AMONG GENERAL MARITIME CORPORATION, GENERAL MARITIME SUBSIDIARY COPORATION, THE PLEDGORS PARTY TO THE PLEDGE AND SECURITY AGREEMENT, VARIOUS FINANCIAL INSTITUTIONS AND NORDEA BANK FINLAND PLC, NEW YORK BRANCH, AS ADMINISTRATIVE AGENT, COLLATERAL AGENT, PLEDGEE UNDER THE PLEDGE AND SECURITY AGREEMENT AND DEPOSIT ACCOUNT BANK | ||
|
| ||
|
NAME OF INSTITUTION: | ||
|
| ||
|
Bank of Scotland | ||
|
| ||
|
By: |
/s/ Xxxxxxx Xxxxxxxx | |
|
|
Name: |
Xxxxxxx Xxxxxxxx |
|
|
Title: |
Associate Director |
|
|
| |
|
By: |
| |
|
|
Name: | |
|
|
Title: |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
SIGNATURE PAGE TO WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT, DATED AS OF THE FIRST DATE WRITTEN ABOVE, AMONG GENERAL MARITIME CORPORATION, GENERAL MARITIME SUBSIDIARY COPORATION, THE PLEDGORS PARTY TO THE PLEDGE AND SECURITY AGREEMENT, VARIOUS FINANCIAL INSTITUTIONS AND NORDEA BANK FINLAND PLC, NEW YORK BRANCH, AS ADMINISTRATIVE AGENT, COLLATERAL AGENT, PLEDGEE UNDER THE PLEDGE AND SECURITY AGREEMENT AND DEPOSIT ACCOUNT BANK | ||
|
| ||
|
NAME OF INSTITUTION: | ||
|
| ||
|
CITIBANK N.A. | ||
|
| ||
|
By: |
/s/ Xxxxxxx Xxxxxx | |
|
|
Name: |
Xxxxxxx Xxxxxx |
|
|
Title: |
Industry Head, Global Shipping & Logistics |
|
|
| |
|
By: |
N/A | |
|
|
Name: | |
|
|
Title: |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
SIGNATURE PAGE TO WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT, DATED AS OF THE FIRST DATE WRITTEN ABOVE, AMONG GENERAL MARITIME CORPORATION, GENERAL MARITIME SUBSIDIARY COPORATION, THE PLEDGORS PARTY TO THE PLEDGE AND SECURITY AGREEMENT, VARIOUS FINANCIAL INSTITUTIONS AND NORDEA BANK FINLAND PLC, NEW YORK BRANCH, AS ADMINISTRATIVE AGENT, COLLATERAL AGENT, PLEDGEE UNDER THE PLEDGE AND SECURITY AGREEMENT AND DEPOSIT ACCOUNT BANK | ||
|
| ||
|
NAME OF INSTITUTION: | ||
|
| ||
|
CREDIT INDUSTRIEL ET COMMERCIAL, | ||
|
| ||
|
By: |
/s/ Xxxxxx XxXxxx | |
|
|
Name: |
Xxxxxx XxXxxx |
|
|
Title: |
Vice President |
|
|
| |
|
By: |
/s/ Xxxxxxxx Xxxxxx | |
|
|
Name: |
Xxxxxxxx Xxxxxx |
|
|
Title: |
Vice President |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
SIGNATURE PAGE TO WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT, DATED AS OF THE FIRST DATE WRITTEN ABOVE, AMONG GENERAL MARITIME CORPORATION, GENERAL MARITIME SUBSIDIARY COPORATION, THE PLEDGORS PARTY TO THE PLEDGE AND SECURITY AGREEMENT, VARIOUS FINANCIAL INSTITUTIONS AND NORDEA BANK FINLAND PLC, NEW YORK BRANCH, AS ADMINISTRATIVE AGENT, COLLATERAL AGENT, PLEDGEE UNDER THE PLEDGE AND SECURITY AGREEMENT AND DEPOSIT ACCOUNT BANK | ||
|
| ||
|
NAME OF INSTITUTION: | ||
|
| ||
|
DANISH SHIP FINANCE A/S | ||
|
(DANMARKS SKIBSKREDIT A/S) | ||
|
| ||
|
By: |
/s/ Ole Staergaard | |
|
|
Name: |
Ole Staergaard |
|
|
Title: |
Senior Relationship Manager |
|
|
| |
|
By: |
/s/ Xxxx X. Xxxxxx | |
|
|
Name: |
Xxxx X. Xxxxxx |
|
|
Title: |
CEO |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
SIGNATURE PAGE TO WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT, DATED AS OF THE FIRST DATE WRITTEN ABOVE, AMONG GENERAL MARITIME CORPORATION, GENERAL MARITIME SUBSIDIARY COPORATION, THE PLEDGORS PARTY TO THE PLEDGE AND SECURITY AGREEMENT, VARIOUS FINANCIAL INSTITUTIONS AND NORDEA BANK FINLAND PLC, NEW YORK BRANCH, AS ADMINISTRATIVE AGENT, COLLATERAL AGENT, PLEDGEE UNDER THE PLEDGE AND SECURITY AGREEMENT AND DEPOSIT ACCOUNT BANK | ||
|
| ||
|
NAME OF INSTITUTION: | ||
|
| ||
|
DnB NOR Bank ASA | ||
|
| ||
|
By: |
/s/ Xxxxxxx X. Xxxxxxxxx | |
|
|
Name: |
Xxxxxxx X. Xxxxxxxxx |
|
|
Title: |
Senior Vice President |
|
|
| |
|
By: |
/s/ Xxxxxxxx Xxxxxxx | |
|
|
Name: |
Xxxxxxxx Xxxxxxx |
|
|
Title: |
Senior Vice President |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
SIGNATURE PAGE TO WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT, DATED AS OF THE FIRST DATE WRITTEN ABOVE, AMONG GENERAL MARITIME CORPORATION, GENERAL MARITIME SUBSIDIARY COPORATION, THE PLEDGORS PARTY TO THE PLEDGE AND SECURITY AGREEMENT, VARIOUS FINANCIAL INSTITUTIONS AND NORDEA BANK FINLAND PLC, NEW YORK BRANCH, AS ADMINISTRATIVE AGENT, COLLATERAL AGENT, PLEDGEE UNDER THE PLEDGE AND SECURITY AGREEMENT AND DEPOSIT ACCOUNT BANK | ||
|
| ||
|
NAME OF INSTITUTION: | ||
|
| ||
|
Lloyds TSB Bank plc | ||
|
| ||
|
By: |
/s/ Xxxxxxx Xxxxxxxx | |
|
|
Name: |
Xxxxxxx Xxxxxxxx |
|
|
Title: |
Associate Director |
|
|
| |
|
By: |
| |
|
|
Name: | |
|
|
Title: |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
SIGNATURE PAGE TO WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT, DATED AS OF THE FIRST DATE WRITTEN ABOVE, AMONG GENERAL MARITIME CORPORATION, GENERAL MARITIME SUBSIDIARY COPORATION, THE PLEDGORS PARTY TO THE PLEDGE AND SECURITY AGREEMENT, VARIOUS FINANCIAL INSTITUTIONS AND NORDEA BANK FINLAND PLC, NEW YORK BRANCH, AS ADMINISTRATIVE AGENT, COLLATERAL AGENT, PLEDGEE UNDER THE PLEDGE AND SECURITY AGREEMENT AND DEPOSIT ACCOUNT BANK | ||
|
| ||
|
NAME OF INSTITUTION: | ||
|
| ||
|
SANTANDER UK PLC | ||
|
| ||
|
By: |
/s/ G A Xxxxxxxx | |
|
|
Name: |
G A Xxxxxxxx |
|
|
Title: |
Head of Structured Finance |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
SIGNATURE PAGE TO WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT, DATED AS OF THE FIRST DATE WRITTEN ABOVE, AMONG GENERAL MARITIME CORPORATION, GENERAL MARITIME SUBSIDIARY COPORATION, THE PLEDGORS PARTY TO THE PLEDGE AND SECURITY AGREEMENT, VARIOUS FINANCIAL INSTITUTIONS AND NORDEA BANK FINLAND PLC, NEW YORK BRANCH, AS ADMINISTRATIVE AGENT, COLLATERAL AGENT, PLEDGEE UNDER THE PLEDGE AND SECURITY AGREEMENT AND DEPOSIT ACCOUNT BANK | ||
|
| ||
|
NAME OF INSTITUTION: | ||
|
| ||
|
SKANDINAVISKA ENSKILDA XXXXXX XX (PUBL) | ||
|
| ||
|
By: |
/s/ Xxxxx Xxxxxxx | |
|
|
Name: |
Xxxxx Xxxxxxx |
|
|
Title: |
Head of London Branch |
|
|
| |
|
By: |
/s/ Xxxxxxx Xxxxxxxxxx | |
|
|
Name: |
Xxxxxxx Xxxxxxxxxx |
|
|
Title: |
|
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement
|
SIGNATURE PAGE TO WAIVER AND FIFTH AMENDMENT TO CREDIT AGREEMENT; FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT, DATED AS OF THE FIRST DATE WRITTEN ABOVE, AMONG GENERAL MARITIME CORPORATION, GENERAL MARITIME SUBSIDIARY COPORATION, THE PLEDGORS PARTY TO THE PLEDGE AND SECURITY AGREEMENT, VARIOUS FINANCIAL INSTITUTIONS AND NORDEA BANK FINLAND PLC, NEW YORK BRANCH, AS ADMINISTRATIVE AGENT, COLLATERAL AGENT, PLEDGEE UNDER THE PLEDGE AND SECURITY AGREEMENT AND DEPOSIT ACCOUNT BANK | ||
|
| ||
|
NAME OF INSTITUTION: | ||
|
| ||
|
UniCredit Bank AG | ||
|
| ||
|
By: |
/s/ Xxxx Xxxxxxx | |
|
|
Name: |
Xxxx Xxxxxxx |
|
|
Title: |
Assistant Vice President |
|
|
| |
|
By: |
/s/ Xxxxxxx Xxxxx | |
|
|
Name: |
Xxxxxxx Xxxxx |
|
|
Title: |
Associate Director |
Signature page to $900M General Maritime Amendment to Amended and Restated Credit Agreement; Pledge and Security Agreement