Dated 2009 CAPITAL PRODUCT PARTNERS L.P. as Borrower -and- APOLLONAS SHIPPING COMPANY CARNATION SHIPPING COMPANY CENTURION NAVIGATION LIMITED EPICURUS SHIPPING COMPANY IRAKLITOS SHIPPING COMPANY LAREDO MARITIME INC. LORENZO SHIPMANAGEMENT INC....
Exhibit
4.4
Dated
2009
as
Borrower
-and-
APOLLONAS
SHIPPING COMPANY
CARNATION
SHIPPING COMPANY
CENTURION
NAVIGATION LIMITED
EPICURUS
SHIPPING COMPANY
IRAKLITOS
SHIPPING COMPANY
LAREDO
MARITIME INC.
XXXXXXX
SHIPMANAGEMENT INC.
POLARWIND
MARITIME X.X.
XXXX
SHIPMANAGEMENT CO.
SHIPPING
RIDER CO.
SORREL
SHIPMANAGEMENT INC.
SPLENDOR SHIPHOLDING S.A.
and
TEMPEST
MARINE INC.
as
Owners
-and-
THE
BANKS AND FINANCIAL INSTITUTIONS
listed
in Schedule 1
as
Lenders
-and-
HSH
NORDBANK AG
as Agent
and Security Trustee
-and-
HSH
NORDBANK AG
as
Bookrunner
-and-
HSH
NORDBANK AG
as Swap
Bank
in
relation to a Loan Agreement dated 22 March 2007 (as amended and supplemented by
a first supplemental agreement dated 19 September 2007 and as further amended
and supplemented by a second supplemental agreement dated 11 June
2008)
in
respect of a revolving credit and term loan facility
not
exceeding US$370,000,000
XXXXXX,
XXXXXX & XXXXXXXX
Piraeus
|
INDEX
|
||
|
Clause
|
Page
|
|
|
1
|
DEFINITIONS
|
2
|
|
2
|
REPRESENTATIONS
AND WARRANTIES
|
3
|
|
3
|
AGREEMENT
OF THE CREDITOR PARTIES
|
4
|
|
4
|
CONDITIONS
|
4
|
|
5
|
VARIATIONS
TO LOAN AGREEMENT AND FINANCE DOCUMENTS
|
6
|
|
6
|
CONTINUANCE
OF LOAN AGREEMENT AND FINANCE DOCUMENTS
|
8
|
|
7
|
EXPENSES
|
8
|
|
8
|
COMMUNICATIONS
|
8
|
|
9
|
SUPPLEMENTAL
|
8
|
|
10
|
LAW
AND JURISDICTION
|
8
|
|
SCHEDULE
1 LENDERS
|
9
|
|
|
EXECUTION
PAGE
|
10
|
|
THIS THIRD SUPPLEMENTAL
AGREEMENT is
dated
2009 and made
BETWEEN:
|
(1)
|
CAPITAL PRODUCT PARTNERS
L.P., a limited liability partnership formed in the Republic of the
Xxxxxxxx Islands whose registered office is at Trust Company Complex,
Ajeltake Road, Ajeltake Island, Majuro, Xxxxxxxx Islands MH96960
(including its successors) as Borrower;
|
|
(2)
|
APOLLONAS SHIPPING COMPANY,
CARNATION SHIPPING COMPANY, CENTURION NAVIGATION LIMITED, EPICURUS
SHIPPING COMPANY, IRAKLITOS SHIPPING COMPANY, LAREDO MARITIME INC.,
XXXXXXX SHIPMANAGEMENT
INC., POLARWIND
MARITIME S.A., XXXX SHIPMANAGEMENT CO.,
SHIPPING RIDER
CO., SORREL SHIPMANAGEMENT INC., SPLENDOR SHIPHOLDING S.A. and TEMPEST MARINE INCeach
a corporation incorporated in the Republic of the Xxxxxxxx Islands whose
registered office is at Trust Company Complex, Ajeltake Road, Ajeltake
Island, Majuro, MH96960, Xxxxxxxx Islands (each an “Owner” and, together,
the “Owners”);
|
|
(3)
|
THE BANKS AND FINANCIAL
INSTITUTIONS listed in Schedule 1, as Lenders;
|
|
(4)
|
HSH NORDBANK AG acting
through its office at Xxxxxxx-Xxxxxxxxx-Xxxxx 00, 00000 Xxxxxxx, Xxxxxxx,
as Agent, Bookrunner and Security Trustee;
and
|
|
(5)
|
HSH NORDBANK AG acting
through its office at Xxxxxxxxxxx 0, X-00000
Xxxx, Xxxxxxx Xxxxxxxx of Germany as Swap
Bank.
|
BACKGROUND
|
(A)
|
By
a loan agreement dated 22 March 2007 (the “Original Loan Agreement”) as
amended and supplemented by a first supplemental agreement dated 19
September 2007 (the “First Supplemental
Agreement”) and as further amended and supplemented by a second
supplemental agreement dated 11 June 2008 (the “Second Supplemental
Agreement” and together with the First Supplemental Agreement and
the Original Loan Agreement, the “Loan Agreement”) made
between (i) the Borrower as borrower, (ii) the Lenders as lenders, (iii)
the Agent, (iv) the Bookrunner, (v) the Swap Bank and (vi) the Security
Trustee, it was agreed that the Lenders would make available to the
Borrower a revolving credit and term loan facility not exceeding
US$370,000,000 (the “Loan”).
|
|
(B)
|
The
Borrower has requested that the Lenders agree
to:
|
|
|
(i)
|
the
release of Canvey Shipmanagement Co. (“Canvey”) from all its
obligations under the Finance Documents to which it is a party and its
substitution by Mango Finance Corp. as guarantor for the obligations of
the Borrower under the Loan Agreement;
and
|
|
|
(ii)
|
the
substitution of m.t. “ASSOS” (owned by Canvey) with m.t. “AGAMEMNON II”
(owned by Mango Finance Corp.) as one of the Existing Ships on which the
Loan shall be secured.
|
|
(C)
|
This
Agreement sets out the terms and conditions on which the Lenders agree
to:
|
|
|
(i)
|
substitute
Canvey with Mango Finance Corp.;
|
|
|
(ii)
|
substitute
m.t. “ASSOS” with m.t. “AGAMEMNON II”;
and
|
|
|
(iii)
|
the
consequential amendments to the Loan Agreement and the other Finance
Documents in connection with those
matters.
|
NOW
THEREFORE IT IS HEREBY AGREED
|
1
|
DEFINITIONS
|
|
1.1
|
Words
and expressions defined in the Loan Agreement (as hereby amended) and the
recitals hereto and not otherwise defined herein shall have the same
meanings when used in this Third Supplemental
Agreement.
|
|
1.2
|
In
this Third Supplemental Agreement the words and expressions specified
below shall have the meanings attributed to them
below:
|
“AGAMEMNON
II” means the 2008-built chemical oil double hull product
tanker of approximately 51,000 deadweight tons registered in the ownership of
the New Owner under the Liberian flag with the name “AGAMEMNON II”;
“Effective
Date” means the date on which the conditions precedent in
Clause 4 are satisfied;
“New Charterparty
Assignment” means any first priority assignment of any
Charterparty in respect of “AGAMEMNON II” executed or to be executed by the New
Owner in favour of the Security Trustee in such form as the Lenders may approve
or require;
|
|
“New Earnings
Account” means an account opened or to be opened in the
name of THE New Owner with the Agent in Hamburg designated “Mango Finance
Corp. - Earnings Account”, or any other account (with that or another
office of the Agent) which is designated by the Agent as the Earnings
Account for “AGAMEMNON II” for the purposes of the Loan
Agreement;
|
|
|
“New Earnings Account
Pledge” means the first priority pledge over the New
Earnings Account to be executed by the New Owner in favour of the Lenders
in such form as the Lenders may approve or
require;
|
|
|
“New Finance
Documents” means, together, the New Guarantee, the New
Mortgage, the New General Assignment, any New Charterparty Assignment, the
New Manager’s Undertaking and the New Earnings Account Pledge and, in the
singular, means any of them;
|
|
|
“New General
Assignment” means a first priority general assignment of
the Earnings, Insurances and Requisition Compensation in respect of
“AGAMEMNON II” executed or to be executed by the New Owner in favour of
the Security Trustee in such form as the Lenders may approve or
require;
|
|
|
“New
Guarantee” means the guarantee of the obligations of the
Borrower under the Loan Agreement and the other Finance Documents executed
or to be executed by the New Owner in favour of the Security Trustee in
such form as the Lenders may approve or
require;
|
|
|
“New Manager’s
Undertaking” means a letter of undertaking executed or
to be executed by the Approved Manager in favour of the Security Trustee
in the terms required by the Security Trustee agreeing certain matters in
relation to the Approved Manager serving as the manager of “AGAMEMNON II”
and subordinating the rights of the Approved Manager against “AGAMEMNON
II” and the New Owner to the rights of the Creditor Parties under the
Finance Documents, in such form as the Lenders, may approve or
require;
|
2
|
|
“New
Mortgage” means the first preferred Liberian mortgage
over “AGAMEMNON II” executed or to be executed by the New Owner in favour
of the Security Trustee in such form as the Lenders may approve or
require;
|
|
|
“New
Owner” means Mango Finance Corp., a corporation
incorporated and existing in the Republic of the Xxxxxxxx Islands whose
registered office is at Trust Company Complex, Ajeltake Road, Ajeltake
Island, Majuro MH96960, The Xxxxxxxx Islands;
and
|
|
|
“Share Purchase
Agreement” means the agreement made or to be made between the
Borrower as buyer and Capital Maritime & Trading Corp. as seller in
respect of the acquisition by the Borrower of all of the shares in the New
Owner on terms acceptable in all respects to
the Lenders.
|
|
1.3
|
Where
the context so admits words importing the singular number only shall
include the plural and vice versa and words importing persons shall
include firms and corporations. Clause headings are inserted
for convenience of reference only and shall be ignored in construing this
Third Supplemental Agreement. References to Clauses are to
clauses of this Third Supplemental Agreement save as may be otherwise
expressly provided in this Third Supplemental
Agreement.
|
|
2
|
REPRESENTATIONS
AND WARRANTIES
|
|
2.1
|
The
Borrower hereby represents and warrants to the Agent, as at the date of
this Third Supplemental Agreement, that the representations and warranties
set forth in Clause 10 of the Loan Agreement (updated mutatis mutandis to
the date of this Third Supplemental Agreement) are true and correct as if
all references therein to “this Agreement” were references to the Loan
Agreement as further amended by this Third Supplemental
Agreement.
|
|
2.2
|
The
Borrower hereby further represents and warrants to the Agent that as at
the date of this Third Supplemental
Agreement:
|
|
(a)
|
it
is a limited liability partnership duly formed and in good standing under
the laws of the Xxxxxxxx Islands and has full power to enter into and
perform its obligations under this Third Supplemental Agreement and has
complied with all statutory and other requirements relative to its
business, and does not have an established place of business in any part
of the United Kingdom or the United States of
America;
|
|
(b)
|
all
necessary governmental or other official consents, authorisations,
approvals, licences, consents or waivers for the execution, delivery,
performance, validity and/or enforceability of this Third Supplemental
Agreement and all other documents to be executed in connection with the
amendments to the Loan Agreement (including, but not limited to, the New
Finance Documents) and the other Finance Documents as contemplated hereby
have been obtained and will be maintained in full force and effect, from
the date of this Third Supplemental Agreement and so long as any moneys
are owing under any of the Finance Documents and/or the New Finance
Documents and while all or any part of the Commitment remains
outstanding;
|
|
(c)
|
it
has taken all necessary corporate and other action to authorise the
execution, delivery and performance of its obligations under this Third
Supplemental Agreement and all aforesaid documents to which it is a party
and such documents do or will upon execution thereof constitute its valid
and binding obligations enforceable in accordance with their respective
terms;
|
|
(d)
|
the
execution, delivery and performance of this Third Supplemental Agreement
and all such other documents as contemplated hereby (including, but not
limited to, the New Finance Documents) does not and will not, from the
date of this Third Supplemental Agreement and so long as any moneys are
owing under any of the Finance Documents and/or the New Finance Documents
and while all or any part of the Commitment remains outstanding,
constitute a breach of any contractual restriction or any existing
applicable law, regulation, consent or authorisation binding on the
Borrower or on any of its property or assets and will not result in the
creation or imposition of any security interest, lien, charge or
encumbrance (other than under the Finance Documents and/or the New Finance
Documents) on any of such property or assets;
and
|
3
|
(e)
|
it
has fully disclosed in writing to the Agent all facts which it knows or
which it should reasonably know and which are material for disclosure to
the Agent in the context of this Third Supplemental Agreement and all
information furnished by the Borrower or on its behalf relating to its
business and affairs in connection with this Third Supplemental Agreement
was and remains true, correct and complete in all material respects and
there are no other material facts or considerations the omission of which
would render any such information
misleading.
|
|
3
|
AGREEMENT
OF THE CREDITOR PARTIES
|
|
3.1
|
The
Lenders, relying upon each of the representations and warranties set out
in Clauses 2.1 and 2.2 of this Third Supplemental Agreement, hereby agree
with the Borrower, subject to and upon the terms and conditions of this
Third Supplemental Agreement and in particular, but without limitation,
subject to the fulfilment of the conditions precedent set out in Clause 4,
to:
|
|
(a)
|
substitute
Canvey with the New Owner as guarantor of the obligations of the Borrower
under the Loan Agreement and the other Finance
Documents;
|
|
(b)
|
substitute
“ASSOS” with “AGAMEMNON II” as an Existing Ship on which the Loan will be
secured; and
|
|
(c)
|
the
amendments/variations to the Loan Agreement and the other Finance
Documents referred to in Clause 5.
|
|
3.2
|
The
Borrower and the Owners agree and confirm that the Loan Agreement and the
Finance Documents to which each is a party shall remain in full force and
effect and each of the Borrower and each Owner shall remain liable under
the Loan Agreement and the Finance Documents to which each is a party for
all obligations and liabilities assumed by it
thereunder.
|
|
3.3
|
The
agreement of the Creditor Parties contained in Clauses 3.1 and 3.2 shall
have effect on and from the Effective
Date.
|
|
4
|
CONDITIONS
|
|
4.1
|
The
agreements of the Lenders contained in Clause 3.1 of this Third
Supplemental Agreement shall all be expressly subject to the condition
that (i) no Event of Default has occured and (ii) that the Agent shall
have received in form and substance satisfactory to it and its legal
advisers on or before the Effective
Date:
|
|
(a)
|
evidence
that the persons executing this Third Supplemental Agreement on behalf of
the Borrower and the Owners are duly authorised to execute the
same;
|
|
(b)
|
a
certificate of an officer of the New Owner confirming the names of all its
directors and shareholders and having attached thereto true and complete
copies of its incorporation and constitutional
documents;
|
4
|
(c)
|
true
and complete copies of resolutions passed at a meeting of the directors of
the Borrower authorising and approving the execution of this Third
Supplemental Agreement and each New Finance Document and authorising its
directors or other representatives to execute the same on its
behalf;
|
|
(d)
|
true
and complete copies of the resolutions passed at separate meetings of the
directors and shareholders of the New Owner authorising and approving the
execution of the New Finance and authorising its directors or other
representatives to execute the same on its
behalf;
|
|
(e)
|
the
original of any power of attorney issued by each of the Borrower and the
New Owner pursuant to such resolutions
aforesaid;
|
|
(f)
|
evidence
that “AGAMEMNON II” is:
|
|
|
(i)
|
registered
in the name of the New Owner under the laws and flag of the Republic of
Liberia; and
|
|
|
(ii)
|
insured
in accordance with the relevant provisions of the New Mortgage and all
requirements thereof in respect of such insurances have been
fulfilled;
|
|
(g)
|
each
New Finance Document has been duly executed by the New Owner together with
evidence that:
|
|
|
(i)
|
the
New Mortgage has been registered against “AGAMEMNON II” with first
priority in accordance with the laws of the Republic of
Liberia;
|
|
|
(ii)
|
all
notices required to be served under the New General Assignment and any New
Charterparty Assignment have been served and acknowledged in the manner
therein provided; and
|
|
|
(iii)
|
save
for the Security Interests created by or pursuant to the New Mortgage, the
New General Assignment and any Charterparty Assignment, there are no
Security Interests of any kind whatsoever on “AGAMEMNON II” or her
Earnings, Insurances or Requisition
Compensation;
|
|
(h)
|
a
certified true copy of any Charterparty entered into in respect of the New
Ship duly signed by the parties
thereto;
|
|
(i)
|
evidence
that the New Earnings Account has been opened and all mandate forms and
all, documentation required by each Creditor Party in relation to the New
Owner pursuant to that Creditor Party’s “know your customer” requirements
have been received;
|
|
(j)
|
a
true and complete copy of the management agreement in respect of
“AGAMEMNON II”;
|
|
(k)
|
the
New Manager’s Undertaking executed by the Approved Manager in favour of
the Security Trustee;
|
|
(l)
|
a
copy of the Share Purchase Agreement duly signed by the parties
thereto;
|
|
(m)
|
evidence
that the New Owner is a direct or indirect wholly-owned subsidiary of the
Borrower;
|
|
(n)
|
copies
of ISM DOC, SMC and the International Ship Security Certificate under the
ISPS Code in respect of “AGAMEMNON
II”;
|
5
|
(o)
|
certified
copies of all documents (with a certified translation if an original is
not in English) evidencing any other necessary action, approvals or
consents with respect to this Third Supplemental Agreement and the New
Finance Documents (including without limitation) all necessary
governmental and other official approvals and consents in such pertinent
jurisdictions as the Agent deems
appropriate;
|
|
(p)
|
such
legal opinions as the Agent may require in respect of the matters
contained in this Third Supplemental Agreement, the New Finance Documents;
and
|
|
(q)
|
evidence
that the agent referred to in clause 30.4 of the Loan Agreement has
accepted its appointment as agent for service of process under this Third
Supplemental Agreement and the New Finance
Documents.
|
|
5
|
VARIATIONS
TO LOAN AGREEMENT AND FINANCE
DOCUMENTS
|
|
5.1
|
In
consideration of the agreement of the Lenders contained in Clause 3.1 of
this Third Supplemental Agreement, the Borrower hereby agrees with the
Lenders that upon satisfaction of the conditions referred to in Clause
4.1, the provisions of the Loan Agreement shall be varied and/or amended
and/or supplemented with effect on and from the Effective Date as
follows:
|
|
(a)
|
by
inserting in clause 1.1 thereof the definition of “Effective Date” set out
in Clause 1.2;
|
|
(b)
|
by
deleting the definition of “ASSOS” in clause 1.1 thereof and replacing it
with the following new definition:
|
““AGAMEMNON II” means the 2008-built
chemical oil double hull product tanker of approximately 51,000 deadweight tons
registered in the ownership of Mango under the Liberian flag with the name
“AGAMEMNON II”;”;
|
(c)
|
by
deleting sub-paragraph (d) in the definition of “Existing Charter” in
clause 1.1 thereof and redesignating the existing sub-paragraphs (e), (f),
(g) and (h) as (d), (e), (f) and (g)
respectively;
|
|
(d)
|
in
the definition of “Existing Owners” in clause 1.1 thereof
by:
|
|
|
(i)
|
deleting
sub-paragraph (b);
|
|
|
(ii)
|
inserting
the following new sub-paragraph
(e):
|
“(e) Mango
Finance Corp. (“Mango”);”; and
|
|
(iii)
|
redesignating
the existing sub-paragraphs (c), (d) and (e) as new sub-paragraphs (b),
(c) and (d) respectively,
|
|
(e)
|
by
replacing the word “ASSOS” with the word “AGAMEMNON II” in the second line
of the definition of “Existing Ships” in clause 1.1
thereof;
|
|
(f)
|
by
deleting the definition of “Owner” in clause 1.1 thereof and replacing it
with the following new definition:
|
““Owner” means, in relation
to:
|
|
(a)
|
“AGAMEMNON
II”, Mango;
|
|
|
(b)
|
“AGISILAOS”,
Polarwind;
|
6
|
|
(c)
|
“AIOLOS”,
Tempest;
|
|
|
(d)
|
“AKERAIOS”,
Laredo;
|
|
|
(e)
|
“AKTORAS”,
Centurion;
|
|
|
(f)
|
“XXXXXXXXXX
XX”, Sorrel;
|
|
|
(g)
|
“ANEMOS
I”, Splendor;
|
|
|
(h)
|
“APOSTOLOS”,
Xxxxxxx;
|
|
|
(i)
|
“ARIONAS”,
Carnation;
|
|
|
(j)
|
“ATLANTAS”,
Shipping Rider;
|
|
|
(k)
|
“ATROTOS”,
Epicurus;
|
|
|
(l)
|
“ATTIKOS”,
Xxxx;
|
|
|
(m)
|
“AVAX”,
Apollonas; and
|
|
|
(n)
|
“AXIOS”,
Iraklitos,
|
|
|
and,
in the plural, means all of them;”;
|
|
(g)
|
by
construing all references therein to “this Agreement” where the context
admits as being references to “this Agreement as the same is amended and
supplemented by this Third Supplemental Agreement and as the same may from
time to time be further supplemented and/or amended”;
and
|
|
(h)
|
by
construing references to each of the Finance Documents as being references
to each such document as it is from time to time supplemented and/or
amended.
|
|
5.2
|
Amendments to Finance
Documents. With effect on and from the Effective Date
each of the Finance Documents other than the Loan Agreement shall be, and
shall be deemed by this Agreement to have been, amended as
follows:
|
|
(a)
|
the
definition of, and references throughout each of the Finance Documents to,
the Loan Agreement and any of the other Finance Documents shall be
construed as if the same referred to the Loan Agreement and those Finance
Documents as amended and supplemented by this Third Supplemental
Agreement; and
|
|
(b)
|
by
construing references throughout each of the Finance Documents to “this
Agreement”, “this Deed”, “hereunder and other like expressions as if the
same referred to such Finance Documents as amended and supplemented by
this Third Supplemental Agreement.
|
|
5.3
|
Finance Documents to remain in
full force and effect. The Finance Documents shall
remain in full force and effect as amended and supplemented
by:
|
|
(a)
|
the
amendments to the Finance Documents contained or referred to in Clauses
5.1 and 5.2; and
|
|
(b)
|
such
further or consequential modifications as may be necessary to make the
same consistent with, and to give full effect to, the terms of this Third
Supplemental Agreement.
|
7
|
6
|
CONTINUANCE
OF LOAN AGREEMENT AND FINANCE
DOCUMENTS
|
|
6.1
|
Save
for the alterations to the Loan Agreement and the other Finance Documents
made or to be made pursuant to this Third Supplemental Agreement and such
further modifications (if any) thereto as may be necessary to make the
same consistent with the terms of this Third Supplemental Agreement, the
Loan Agreement shall remain in full force and effect and the security
constituted by the other Finance Documents shall continue and remain valid
and enforceable.
|
|
7
|
EXPENSES
|
|
7.1
|
Fees and expenses. The
provisions of clause 20 (fees and expenses) of the Loan Agreement shall
apply to this Agreement as if they were expressly incorporated in this
Agreement with any necessary
amendments.
|
|
8
|
COMMUNICATIONS
|
|
8.1
|
General. The
provisions of clause 28 (notices) of the Loan Agreement, as amended and
supplemented by this Agreement, shall apply to this Agreement as if they
were expressly incorporated in this Agreement with any necessary
modifications.
|
|
9
|
SUPPLEMENTAL
|
|
9.1
|
Counterparts. This
Agreement may be executed in any number of
counterparts.
|
|
9.2
|
Third Party
rights. A person who is not a party to this Agreement
has no right under the Contracts (Rights of Third Parties) Xxx 0000 to
enforce or to enjoy the benefit of any term of this
Agreement.
|
|
10
|
LAW
AND JURISDICTION
|
|
10.1
|
Governing
law. This Agreement shall be governed by and construed
in accordance with English law.
|
|
10.2
|
Incorporation of the Loan
Agreement provisions. The provisions of clause 30 (law
and jurisdiction) of the Loan Agreement, as amended and supplemented by
this Agreement, shall apply to this Agreement as if they were expressly
incorporated in this Agreement with any necessary
medications.
|
IN WITNESS
WHEREOF the parties hereto have caused this Third Supplemental
Agreement to be duly executed the day and year first above written.
8
SCHEDULE
1
LENDERS
|
Lender
|
Lending
Office
|
|
HSH
Nordbank XX
|
Xxxxxxx-Xxxxxxxxx-Xxxxx
00
00000
Xxxxxxx
Xxxxxxx
Fax
No: x(00) 00 00 00 00000
|
|
Alpha
Bank A.E.
|
Xxxx
Xxxxxxx 00
000
00 Xxxxxxx
Xxxxxx
Fax
No: x00 000 000 0000
|
|
Deutsche
Schiffsbank AG
|
Xxxxxxx
00
X-00000
Xxxxxx
Fax
No: x00 000 0000 000
|
|
National
Bank of Greece S.A.
|
Bouboulinas
2 & Xxxx Xxxxxxx
000
00 Xxxxxxx
Fax No: x00 000 000 0000
|
|
Fortis
Bank
|
000
Xxxxxxx Xxx
000
00 Xxxxxx
Xxxxxx
Fax
No: x00 000 000 0000
|
9
EXECUTION
PAGE
BORROWER
SIGNED
by )
for and
on behalf
of )
OWNERS
SIGNED
by )
for and
on behalf
of )
APOLLONAS SHIPPING
COMPANY )
SIGNED
by )
for and
on behalf
of )
CARNATION SHIPPING
COMPANY )
SIGNED
by )
for and
on behalf
of )
CENTURION NAVIGATION
LIMITED )
SIGNED
by )
for and
on behalf
of )
EPICURUS SHIPPING
COMPANY )
SIGNED
by )
for and
on behalf
of )
IRAKLITOS SHIPPING
COMPANY )
SIGNED
by )
for and
on behalf
of )
LAREDO MARITIME
INC. )
SIGNED
by )
for and
on behalf
of )
XXXXXXX SHIPMANAGEMENT
INC.
)
10
SIGNED
by )
for and
on behalf
of )
POLARWIND MARITIME
S.A. )
SIGNED
by )
for and
on behalf
of )
XXXX SHIPMANAGEMENT
CO. )
SIGNED
by )
for and
on behalf
of )
SHIPPING RIDER
CO. )
SIGNED
by )
for and
on behalf
of )
SORREL SHIPMANAGEMENT
INC. )
SIGNED
by )
for and
on behalf
of )
SPLENDOR SHIPHOLDING
S.A.
)
SIGNED
by )
for and
on behalf
of )
TEMPEST MARINE
INC. )
LENDERS
SIGNED
by )
for and
on behalf
of )
HSH NORDBANK
AG )
SIGNED
by )
for and
on behalf
of )
ALPHA BANK
A.E. )
SIGNED
by )
for and
on behalf
of )
DEUTSCHE SCHIFFSBANK
AG )
11
SIGNED
by )
for and
on behalf
of )
NATIONAL BANK OF GREECE
S.A. )
SIGNED
by )
for and
on behalf
of )
FORTIS
BANK )
AGENT
SIGNED
by )
for and
on behalf
of )
HSH NORDBANK
AG )
SECURITY
TRUSTEE
SIGNED
by )
for and
on behalf
of )
HSH NORDBANK
AG )
SWAP
BANK
SIGNED
by )
for and
on behalf
of )
HSH NORDBANK
AG )
BOOKRUNNER
SIGNED
by )
for and
on behalf
of )
HSH NORDBANK
AG )
Witness
to all
the )
above
signatures )
Name:
Address:
12
