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Exhibit 10.39C
Addendum No. 3
Contract No. MA/CCF-478
ADDENDUM TO
MARITIME ADMINISTRATION
CAPITAL CONSTRUCTION FUND AGREEMENT
WITH
NATIONAL STEEL AND SHIPBUILDING COMPANY
THIS AGREEMENT, made by and between the Maritime Administrator, Department
of Transportation (the "Maritime Administrator") and National Steel and
Shipbuilding Company ("NASSCO"), a citizen of the United States, as an Addendum
to that certain agreement, Contract No. MA/CCF-478.
WHEREAS on September 13, 1988, the parties hereto entered into a Capital
Construction Fund Agreement as amended by Addendum No. 1 dated September 13,
1988 and Addendum No. 2 dated October 29, 1992 (the "Agreement"), under
Section 607 of the Merchant Marine Act, 1936, as amended (the "Act");
WHEREAS, the parties hereto desire to amend the Agreement in the manner
hereinafter set forth; and
WHEREAS, the parties hereto have agreed to this amendment and desire to
incorporate the same into the Agreement.
NOW, THEREFORE, in consideration of the premises and for other good and
valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the Maritime Administrator and NASSCO agree as follows:
I. NASSCO Holdings, Incorporated ("NHI"), the parent of NASSCO, and
NASSCO Funding Corporation ("NFC"), a wholly owned subsidiary of NHI, both
citizens of the United States, are hereby added as parties to the Agreement
effective as of the date hereof. The defined term "Party" shall mean any or all
of NHI, NASSCO, or NFC, as the case may be.
II. Schedule C to the Agreement is hereby amended by replacing the
Schedule C dated 7/01/92 with the Schedule C attached hereto.
III. Except as herein otherwise expressly provided herein, the Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the Maritime Administrator, NASSCO, NHI NFC have duly
executed this Addendum No. 3 in quadruplicate, on the dates indicated below, to
be effective on the 27th day of August, 1993.
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[Seal] NATIONAL STEEL AND
ATTEST: SHIPBUILDING COMPANY
By: /s/ S.D. Xxxxxxx By: /s/ [SIGNATURE ILLEGIBLE]
------------------------- ----------------------------
Title: Secretary Title: Senior Vice President
Date: August 30, 1993
[Seal] NASSCO HOLDINGS, INCORPORATED
ATTEST:
By: /s/ S.D. Xxxxxxx By: /s/ [SIGNATURE ILLEGIBLE]
------------------------- ----------------------------
Title: Secretary Title: President
Date: August 30, 1993
[Seal] NASSCO HOLDINGS, INCORPORATED
ATTEST:
By: /s/ S.D. Xxxxxxx By: /s/ X.X. Xxxxxx
------------------------- ----------------------------
Title: Secretary Title: Senior Vice President
Date: August 30, 1993
[Seal] UNITED STATES OF AMERICA
ATTEST: SECRETARY OF TRANSPORTATION
By: Maritime Administrator
By: /s/ [SIGNATURE ILLEGIBLE] By: /s/ [SIGNATURE ILLEGIBLE]
------------------------- ----------------------------
Title: Secretary Title: Contracting Officer
Maritime Administration
Date: 9/2, 1993
Approved as to form:
By: /s/ [SIGNATURE ILLEGIBLE]
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Assistant Chief Counsel
Maritime Administration
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08/12/93
Revised Schedule C
MA/CCF-478
SCHEDULE C
DEPOSITORIES
NAME AND ADDRESS ACCOUNTS
West One Bank Investment Account
000 Xxxxx Xxxxxxx Xxxxxx established pursuant to
X.X. Xxx 0000 46 C.F.R. Section 390.7
Xxxxx, Xxxxx 00000
The Bank of California Investment Account
000 Xxxxxxx Xxxxxx established pursuant to
Xxx Xxxxxxxxx, XX 00000 46 C.F.R. Section 390.7
BankAmerica National Trust Company Investment Account
0 Xxxxxx Xxxxxx established pursuant to
Xxx Xxxx, Xxx Xxxx 00000 46 C.F.R. Section 390.7
Bank of America National Trust & Investment Account
Savings Association established pursuant to
000 Xxxxxxxxxx Xxxxxx 46 C.F.R. Section 390.7
Xxx Xxxxxxxxx, XX 00000