Tsakos Energy Navigation Limited (TEN)
Exhibit 4.16
Tsakos Energy Navigation Limited (TEN)
000 Xxxxxxx Xxxxxx
attn Xx. Xxxx Xxxxxx/Xx. Xxxxxx Xxxxxxxx
17564 P. Faliro
GREECE
Interest Rate Swap with a Chance Range
Our Ref: 730201-2/5-7
Dear Sir/Madam
The purpose of this agreement is to confirm the terms and conditions of the Swap Transaction entered into between us on the Trade Date specified below (the “Swap Transaction”). This agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below.
The definitions and provisions contained in the 1992 ISDA Definitions (as published by the International Swap Dealers Association, Inc.) are incorporated into this Confirmation. In the event of any inconsistency between those definitions and this Confirmation, this Confirmation will govern.
This Confirmation supplements, forms part of, and is subject to, the ISDA Master Agreement dated as of 27 July 2001, as amended and supplemented from time to time (the “Agreement”) between you and us. All provisions contained in the Agreement govern this Confirmation except as expressly modified below.
The terms of the particular Swap Transaction to which this Confirmation relates are as follows:
| Counterparty A: |
Tsakos Energy Navigation Ltd., Athens |
| Counterparty B: |
Landesbank Schjeswig-Holstein Girzentrale, Kiel |
| Notional Amount: |
USD 20,000,000.00 |
| Basis Rate: |
USD-LIBOR-BBA |
| Designated Maturity: |
six months |
| Trade Date: |
28 March 2003 |
| Effective Date: |
09 May 2003 |
| Termination Date: |
09 May 2008, subject to adjustment in accordance with the Modified Following Business Day Convention |
| Business Days: |
New York and London for payments London for fixings |
Chance Range Amounts
| Chance Range Rate Payer: |
Counterparty A |
| Chance Range Rate Payer Payment Dates: |
09 May and 09 November of each year, commencing on 09 November 2003 and ending with the Termination Date, subject to adjustment in accordance with the Modified Following Business Day Convention |
| Chance Range Rate: |
From (and including) the Effective Date to (but excluding) the Termination Date, subject to adjustment in accordance with the Modified Following Business Day Convention: |
| Should the Basis Rate be fixed at or above 4.5000% p.a., Counterparty A shall be obliged to pay 4.5000% p.a. |
| From (and including) the Effective Date to (but excluding) 09 May 2004, subject to adjustment in accordance with the Modified Following Business Day Convention: |
| Should the Basis Rate be fixed below 4.5000% p.a., Counterparty A shall be obliged to pay the Basis Rate. |
| From (and including) 09 May 2004 (but excluding) 09 May 2005, subject to adjustment in accordance with the Modified Following Day Convention: |
| Should the Basis Rate be fixed below 4.50000% p.a. and above 1.7500% p.a., Counterparty A shall be obliged to pay the Basis Rate. |
| Should the Basis Rate be fixed at or below 1.7500% p.a., Counterparty A shall be obliged to pay 3.900% |
| From (and including) 09 May 2005 (but excluding) the Termination Date, subject to adjustment in accordance with the Modified Following Day Convention: |
| Should the Basis Rate be fixed below 4.5000% p.a. and above 2.5000% p.a., Counterparty A shall be obliged to pay the Basis Rate. |
| Should the Basis Rate be fixed at or below 2.5000% p.a., Counterparty A shall be obliged to pay 4.5000% p.a. |
Chance Range Rate
| Day Count Fraction: |
Actual/360 |
| Reset Dates: |
The first Day of each Calculation Period |
Floating Amounts
| Floating Rate Payer: |
Counterparty B |
| Floating Rate: |
Basis Rate |
| Floating Rate Payer Payment Date: |
09 May and 09 November of each year, commencing on 09 November 2003 and ending with the Termination Date, subject to adjustment in accordance with the Modified Following Business Day Convention |
Floating Rate for
| Initial Calculation Period: |
to be advised |
| Floating Rate Day Count fraction: |
Actual/360 |
| Spread: |
None |
| Reset Dates: |
The first Day of each Calculation Period |
| Other Provisions: |
None |
Account Details:
| Payment to Tsakos, Greece: |
please advise |
| Payments to Landesbank |
No. 000-0-000000 |
| Schleswig-Holstein, Kiel: |
XX Xxxxxx Xxxxx Bank, New York |
Offices:
| Athens |
| Landesbank-Schleswig-Holstein Girozentrale: |
Kiel |
Please confirm that the foregoing correctly sets out the terms of our agreement.
| For and on behalf of |
For and on behalf of |
| Tsakos Energy Navigation Limited (TEN), Athens |
Landesbank Schleswig-Holstein Girozentrale, Kiel |
| /s/ XXXXXXX X. XXXXXX |
/s/ XXXXX XXXXXXX |
