Dated May 2007 DRYSHIPS INC. as Borrower - 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 Lead Arranger and Lead Bookrunner - and - THE...
Exhibit 4.8
Dated May
2007
as
Borrower
- 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 Lead
Arranger and Lead Bookrunner
- and
-
THE
GOVERNOR AND COMPANY OF THE BANK OF SCOTLAND
as Joint
Bookrunner
-
and-
HSH NORDBANK AG
and
THE
GOVERNOR AND COMPANY
OF
THE BANK OF SCOTLAND
as Joint
Underwriters
- and
-
THE
BANKS AND FINANCIAL INSTITUTIONS
listed
in Part B of Schedule 1
as Swap
Banks
relating
to a term loan and short-term credit facilities of up to
US$692,051,350.33
in
aggregate to refinance certain existing indebtedness, to provide
working
capital
and to finance part of the purchase price of certain additional
vessels
XXXXXX,
XXXXXX & XXXXXXXX
Piraeus
INDEX
| Clause | Page | |
|
1
|
INTERPRETATION
|
2
|
|
2
|
AGREEMENT
OF ALL PARTIES TO THE AMENDMENT OF THE LOAN AGREEMENT, MASTER AGREEMENTS
AND EXISTING FINANCE DOCUMENTS
|
2
|
|
3
|
CONDITIONS
PRECEDENT
|
3
|
|
4
|
REPRESENTATIONS
AND WARRANTIES
|
3
|
|
5
|
AMENDMENT
OF LOAN AGREEMENT, MASTER AGREEMENTS AND EXISTING FINANCE
DOCUMENTS
|
4
|
|
6
|
FURTHER
ASSURANCES
|
5
|
|
7
|
FEES
AND EXPENSES
|
5
|
|
8
|
NOTICES
|
5
|
|
9
|
SUPPLEMENTAL
|
6
|
|
10
|
LAW
AND JURISDICTION
|
6
|
|
SCHEDULE
1
|
7
|
|
|
PART
A
|
7
|
|
|
LENDERS
AND COMMITMENTS
|
7
|
|
|
PART
B
|
8
|
|
|
SWAP
BANKS
|
8
|
|
|
EXECUTION
PAGES
|
9
|
|
|
SECURITY
PARTIES’ CONFIRMATION
|
12
|
|
|
APPENDIX
FORM OF AMENDED AND RESTATED LOAN AGREEMENT MARKED TO INDICATE AMENDMENTS
TO THE LOAN AGREEMENT
|
15
|
|
THIS AGREEMENT is made
on May 2007
BETWEEN
|
(1)
|
DRYSHIPS INC. a
corporation incorporated in the Xxxxxxxx Islands whose registered office
is at Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, The
Xxxxxxxx Xxxxxxx XX 00000 as Borrower;
|
|
(2)
|
THE BANKS AND FINANCIAL
INSTITUTIONS listed in Part A of Schedule 1, as Lenders;
|
|
(3)
|
HSH NORDBANK AG acting
through its office at Xxxxxxx-Xxxxxxxxx-Xxxxx 00, X-00000, Xxxxxxx,
Xxxxxxx, as Agent;
|
|
(4)
|
HSH NORDBANK AG acting
through its office at Xxxxxxx-Xxxxxxxxx-Xxxxx 00, X-00000, Xxxxxxx,
Xxxxxxx, as Security Trustee;
|
|
(5)
|
HSH NORDBANK AG acting
through its office at Xxxxxxx-Xxxxxxxxx-Xxxxx 00, X-00000, Xxxxxxx, as
Lead Arranger and
as Lead
Bookrunner;
|
|
(6)
|
THE GOVERNOR AND COMPANY OF THE
BANK OF SCOTLAND acting through its office at Xxxxxxxx Xxxxx, 0
Xxxxxxxx Xxxxxx, Xxxxxxxxx XX00 0XX, Xxxxxxxx, as Joint
Bookrunner;
|
|
(7)
|
HSH NORDBANK AG acting
through its office at Xxxxxxx-Xxxxxxxxx-Xxxxx 00, X-00000, Xxxxxxx,
Xxxxxxx and THE GOVERNOR
AND COMPANY OF THE BANK OF SCOTLAND acting through its office at
Xxxxxxxx Xxxxx, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxx XX00 0XX, Xxxxxxxx, as Joint Underwriters;
and
|
|
(8)
|
THE BANKS AND FINANCIAL
INSTITUTIONS listed in Part B of Schedule 1, as Swap
Banks.
|
BACKGROUND
|
(A)
|
By
a loan agreement dated 31 March 2006 (as supplemented and amended by a
supplemental letter dated 15 May 2006 and as further amended and
supplemented by a supplemental agreement dated 29 November 2006, the
“Loan
Agreement”) and made between
(i) the Borrower, (ii) the Lenders, (iii) the Agent, (iv) the Security
Trustee, (v) the Lead Arranger, (vi) the Lead Bookrunner, (vii) the Joint
Bookrunner, (vii) the Joint Underwriters and (ix) the Swap Banks, the
Lenders agreed to make available to the Borrower both term loan and
short-term credit facilities of up to US$555,860,680.62 in
aggregate.
|
|
(B)
|
The
aggregate principal amount outstanding under the Loan Agreement as at the
date of this Agreement is
US$476,188,110.
|
|
(C)
|
By
two ISDA master agreements (each on the 1992 ISDA Master Agreement
(Multicurrency-crossborder) form) and each dated 31 March 2006 (the “Master Agreement”) made
between the Borrower and a Swap Bank, the Borrower has entered into or
will enter into certain Designated Transactions (as such term is defined
in the said Loan Agreement) pursuant to separate Confirmations (as such
term is defined in the said Loan
Agreement).
|
|
(D)
|
Subject
to the terms and conditions of this Agreement, the Lenders have
agreed:
|
|
(i)
|
to
an increase in the Credit Facility of up to $152,040,000 in order to
assist the Borrower in part-financing the purchase price of certain
Additional Ships and certain Identified Ships;
and
|
|
(ii)
|
to
grant an option to the Borrower allowing mandatory prepayment amounts of
up to $165,600,000 (of which an amount of $63,823,240.33 represents the
aggregate mandatory prepayment amounts made on or prior to the date of
this Agreement) in aggregate (which amounts are due and payable upon the
sale of any Existing Ship) to be
re-borrowed.
|
IT IS AGREED as
follows:
|
1
|
INTERPRETATION
|
|
1.1
|
Defined
expressions. Words and expressions defined in the Loan
Agreement shall have the same meanings when used in this Agreement unless
the context otherwise requires.
|
|
1.2
|
Definitions. In
this Agreement, unless the contrary intention
appears:
|
“Amended and Restated Loan
Agreement” means the Loan Agreement as amended and restated by
this Agreement in the form set out in the Appendix;
“Effective
Date” means the date on which the Agent notifies the Borrower
and the Creditor Parties that the conditions precedent in Clause 3 have been
fulfilled;
“Existing Finance
Documents” means the Finance Documents to which the Borrower
is a party which have been executed prior to the date hereof;
“Loan
Agreement” means the loan agreement dated 31 March 2006 (as
supplemented and amended by a supplemental letter dated 15 May 2006 and as
further amended and supplemented by a supplemental agreement dated 29 November
2006) referred to in Recital (A);
“Mortgage
Amendment” means, in relation to each Existing Ship which is
the subject of a Mortgage as at the date of this Agreement, the amendment to the
Mortgage relating to that Existing Ship, executed or to be executed by the
relevant Owner in favour of the Security Trustee in such form as the Lenders may
approve or require; and
“Security Parties’
Confirmation” means the confirmation set out at the end of
this Agreement executed or to be executed by the Security Parties.
|
1.3
|
Application of construction and
interpretation provisions of Loan Agreement. Clauses
1.2, 1.5 and 1.6 of the Loan Agreement apply, with any necessary
modifications, to this Agreement.
|
|
2
|
AGREEMENT
OF ALL PARTIES TO THE AMENDMENT OF THE LOAN AGREEMENT, MASTER AGREEMENTS
AND EXISTING FINANCE DOCUMENTS
|
|
2.1
|
Agreement of the parties to
this Agreement. The parties to this Agreement agree,
subject to and upon the terms and conditions of this Agreement, to the
amendment of the Loan Agreement, the Master Agreements and the Existing
Finance Documents to be made pursuant to Clauses 5.1, 5.2, 5.3 and
5.4.
|
|
2.2
|
Effective Date. The
agreement of the parties to this Agreement contained in Clause 2.1 shall
have effect on and from the Effective
Date.
|
|
3
|
CONDITIONS
PRECEDENT
|
|
3.1
|
General. The
agreement of the parties to this Agreement contained in Clause 2.1 is
subject to the fulfilment of the conditions precedent in Clause
3.2.
|
|
3.2
|
Conditions
precedent. The conditions referred to in Clause 3.1 are
that the Agent shall have received the following documents and evidence in
all respects in form and substance satisfactory to the Agent and its
lawyers on or before 15 April 2007 or such later date as the Joint
Underwriters may agree with the
Borrower:
|
|
(a)
|
in
relation to the Borrower and each Owner of an Existing Ship, documents of
the kind specified in paragraphs 2, 3, 4 and 5 of Part A of Schedule 5 of
the Loan Agreement with appropriate modifications to refer to this
Agreement, the Security Parties’ Confirmation and each Mortgage Amendment
insofar as each is a party thereto;
|
|
(b)
|
a
duly executed original of this Agreement duly executed by the parties to
it;
|
|
(c)
|
evidence
that an amount of not less than $5,000,000 is standing to the credit of
the Debt Service Reserve Account;
|
|
(d)
|
all
documentation required by each Creditor Party in relation to the Borrower
and any Security Party pursuant to that Creditor Party’s “know your
customer” requirements;
|
|
(e)
|
a
compliance certificate (in the form set out in Schedule 8 of the Loan
Agreement) demonstrating the compliance by the Borrower (or not, as the
case may be) with the provisions of Clause 12.4 of the Loan Agreement
(such compliance to be determined by reference to the audited annual
consolidated accounts of the Group for the Financial Year ended 31
December 2006) signed by the chief financial officer of the
Borrower;
|
|
(f)
|
documentary
evidence that the agent for service of process named in Clause 30 of the
Loan Agreement has accepted its appointment under this Agreement and the
other Finance Documents;
|
|
(g)
|
favourable
legal opinions from lawyers appointed by the Agent on such matters
concerning the laws of the Xxxxxxxx Xxxxxxx, Xxxxx, Xxxxxxx, Xxxxxxx and
such other relevant jurisdictions as the Agent may
require;
|
|
(h)
|
if
the Agent so requires, in respect of any of the documents referred to
above, a certified English translation prepared by a translator approved
by the Agent;
|
|
(i)
|
a
duly executed original of each Mortgage
Amendment;
|
|
(j)
|
documentary
evidence that each Mortgage Amendment has been duly registered against the
relevant Existing Ship as a valid amendment to the Mortgage over that
Existing Ship according to the laws of
Malta;
|
|
(k)
|
a
duly executed original of the Security Parties’
Confirmation;
|
|
(l)
|
any
further opinions, consents, agreements and documents in connection with
this Agreement and the Finance Documents which the Lender may request by
notice to the Borrower prior to the Effective Date;
and
|
|
(m)
|
evidence
that the Agent has received the fees payable under Clause
7.1.
|
|
4
|
REPRESENTATIONS
AND WARRANTIES
|
|
4.1
|
Repetition of Loan Agreement
representations and warranties. The Borrower represents
and warrants to the Agent that the representations and warranties in
Clause 10 of the Loan Agreement, as amended and restated by this Agreement
and updated with appropriate modifications to refer to this Agreement and,
where appropriate, each Mortgage Amendment, remain true and not misleading
if repeated on the date of this Agreement with reference to the
circumstances now existing.
|
|
4.2
|
Repetition of representations
and warranties under Existing Finance Documents. The
Borrower represents and warrants to the Agent that the representations and
warranties in the Existing Finance Documents to which it is a party, as
amended and restated by this Agreement and updated with appropriate
modifications to refer to this Agreement and, where appropriate, each
Mortgage Amendment, remain true and not misleading if repeated on the date
of this Agreement with reference to the circumstances now
existing.
|
|
5
|
AMENDMENT
OF LOAN AGREEMENT, MASTER AGREEMENTS AND EXISTING FINANCE
DOCUMENTS
|
|
5.1
|
Amendments
to Loan Agreement.
|
|
(a)
|
With
effect on and from the Effective Date the Loan Agreement shall be, and
shall be deemed by this Agreement to be, amended and restated in the form
of the Amended and Restated Loan
Agreement.
|
|
(b)
|
As
so amended and restated pursuant to (a) above, the Loan Agreement shall
continue to be binding on each of the parties to it in accordance with its
terms as so amended and restated save that for the avoidance of doubt
Sumitomo Mitsui Banking Corporation shall not participate in any
Identified Ship Advances to be made available after the date of this
Agreement.
|
|
5.2
|
Amendments to the agreed form
of Finance Documents yet to be executed. With effect on
and from the Effective Date any agreed form Finance Documents shall be
amended with such logical changes as are necessary to reflect the
arrangements hereunder.
|
|
5.3
|
Amendments to Master
Agreements. With effect on and from the Effective Date
each Master Agreement shall be, and shall be deemed by this Agreement to
be, amended so that the definition of, and references throughout to, the
Loan Facility and the Credit Support Documents shall be construed as if
the same referred to the Loan Agreement and those Credit Support Documents
as amended and restated or supplemented by this Agreement and each
Mortgage Amendment.
|
|
5.4
|
Amendments to Existing Finance
Documents. With effect on and from the Effective Date
each of the Existing Finance Documents (other than the Mortgage on each
Existing Ship which shall be amended and supplemented by the relevant
Mortgage Amendment) shall be, and shall be deemed by this Agreement to be,
amended as follows:
|
|
(a)
|
the
definition of, and references throughout each of the Existing Finance
Documents to, the Loan Agreement, the Master Agreements and any of the
Existing Finance Documents shall be construed as if the same referred to
the Loan Agreement, the Master Agreements and those Existing Finance
Documents as amended and restated or supplemented by this
Agreement;
|
|
(b)
|
the
definition of, and references throughout each of the Existing Finance
Documents to, each Mortgage, shall be construed as if the same referred to
each such Mortgage as amended and supplemented by the relevant Mortgage
Amendment; and
|
|
(c)
|
by
construing references throughout each of the Existing Finance Documents to
“this Agreement”, “this Deed”, “hereunder” and other
like expressions as if the same referred to such Existing Finance
Documents as amended and supplemented by this
Agreement.
|
|
5.5
|
The Master Agreements and the
Existing Finance Documents to remain in full force and
effect. Each Master Agreement and the Existing Finance
Documents shall remain in full force and effect, as amended
by:
|
|
(b)
|
such
further or consequential modifications as may be necessary to give full
effect to the terms of this
Agreement.
|
|
6
|
FURTHER
ASSURANCES
|
|
6.1
|
Borrower’s obligations to
execute further documents etc. The Borrower
shall:
|
|
(a)
|
execute
and deliver to the Agent (or as it may direct) any assignment, mortgage,
power of attorney, proxy or other document, governed by the law of England
or such other country as the Agent may, in any particular case,
specify;
|
|
(b)
|
effect
any registration or notarisation, give any notice or take any other
step;
|
which the
Agent may, by notice to the Borrower, specify for any of the purposes described
in Clause 6.2 or for any similar or related purpose.
|
6.2
|
Purposes of further
assurances. Those purposes
are:
|
|
(a)
|
validly
and effectively to create any Security Interest or right of any kind which
the Agent intended should be created by or pursuant to the Loan Agreement
or any other Finance Document, each as amended and restated or
supplemented by this Agreement, or by the relevant Mortgage Amendment;
and
|
|
(b)
|
implementing
the terms and provisions of this
Agreement.
|
|
6.3
|
Terms of further
assurances. The Agent may specify the terms of any
document to be executed by the Borrower under Clause 6.1, and those terms
may include any covenants, powers and provisions which the Agent considers
appropriate to protect its
interests.
|
|
7
|
FEES
AND EXPENSES
|
|
7.1
|
Facility
fees. The Borrower shall pay to the Agent any fees
previously agreed in writing between the Agent and the
Borrower.
|
|
7.2
|
Expenses. The
Borrower shall reimburse to the Agent on demand all costs, fees and
expenses (including, but not limited to, legal fees and expenses) and
taxes thereon incurred by the Agent or any other Creditor Party in
connection with the negotiation, preparation and execution of this
Agreement, each Mortgage Amendment and the Security Parties’
Confirmation.
|
|
8
|
NOTICES
|
|
8.1
|
General. The
provisions of Clause 28 (Notices) of the Loan Agreement, as amended and
restated 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. Other than a Creditor Party, no person who is
not a party to this Agreement has any 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 restated by this
Agreement, shall apply to this Agreement as if they were expressly
incorporated in this Agreement with any necessary
modifications.
|
THIS AGREEMENT has been duly
executed as a Deed on the date stated at the beginning of this
Agreement.
SCHEDULE
1
PART
A
LENDERS
AND COMMITMENTS
|
Lender
|
Lending
Office
|
Term
Loan
Commitment
(US
Dollars)
|
Re-borrowing
Commitment (in addition to Term Loan Commitment) (US
Dollars)
|
Credit
Facility Commitment (US Dollars)
|
Total
Participation
(US
Dollars)
|
|||||||||||||
|
HSH
Nordbank XX
|
Xxxxxxx-Xxxxxxxxx-Xxxxx
00
X-00000
Xxxxxxx
Xxxxxxx
|
149,273,641 | 22,127,767.03 | 52,712,862.59 |
224,114,270.62
|
|||||||||||||
|
The
Governor and Company of the Bank of Scotland
|
Pentland
House
0
Xxxxxxxx Xxxxxx
Xxxxxxxxx
XX00
0XX
Xxxxxxxx
|
42,106,971 | 7,764,274.82 | 18,496,089.19 | 68,367,335.01 | |||||||||||||
|
Alliance
& Leicester Commercial Finance plc
|
Xxxxxxx
Xxxx
Xxxxxxxxxx
Xxxxxxxxx XX00 0XX
Xxxxxxx
|
36,166,032 | 4,847,314.07 | 11,547,292.61 | 52,560.638.68 | |||||||||||||
|
Bayerische
Hypo-und
Vereinsbank
AG
|
Xxxxx
Xxxx 00
00000
Xxxxxxx
Xxxxxxx
|
49,728,293 | 6,665,056.85 | 15,877,527.33 | 72,270,877.18 | |||||||||||||
|
Commerzbank
Aktiengesellschaft
|
Ness
7-9
X-00000
Xxxxxxx
Germany
|
90,415,079 | 12,118,285.17 | 28,868,231.50 | 131,401,595.67 | |||||||||||||
|
Natixis
|
00
xxx Xxxxx Xxxxxxxxx
00000
Xxxxx
Xxxxxx
|
31,645,277 | 4,241,399.81 | 10,103,881.03 | 45,990,557.84 | |||||||||||||
|
Sumitomo
Mitsui Banking Corporation, Brussels Branch
|
Avenue
des Arts 58
Xxx
00
0000
Xxxxxxxx
Xxxxxxx
|
31,645,277 | 0.00 | 0.00 | 31,645,277 | |||||||||||||
|
Dresdner
Bank AG
|
Xxxxxxxxxxxxx
00
00000
Xxxxxxx
Xxxxxxx
|
45,207,539 | 6,059,142.58 | 14,434,115.75 | 65,700,797.33 | |||||||||||||
PART
B
SWAP
BANKS
|
HSH
Nordbank AG
|
Martensdamm
6
D-24103
Kiel
Germany
|
||
|
HBOS
Treasury Services Plc
|
00
Xxx Xxxxx Xxxxxx
Xxxxxx
XX0X 0XX
Xxxxxxx
|
EXECUTION
PAGES
|
BORROWER
|
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
)
|
|
|
LENDERS
|
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
HSH
NORDBANK AG
|
)
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
THE
GOVERNOR AND COMPANY OF
|
)
|
|
THE
BANK OF SCOTLAND
|
)
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
ALLIANCE
& LEICESTER
|
)
|
|
COMMERCIAL
FINANCE PLC
|
)
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
BAYERISCHE
HYPO-UND
|
)
|
|
VEREINSBANK
AG
|
)
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
COMMERZBANK
|
)
|
|
AKTIENGESELLSCHAFT
|
)
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
NATIXIS
(formerly NAXTEXIS BANQUES
|
)
|
|
POPULARIES)
|
)
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
DRESDNER
BANK AG
|
)
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
SUMITOMO
MITSUI BANKING
|
)
|
|
CORPORATION
|
)
|
|
AGENT
|
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
HSH
NORDBANK AG
|
)
|
|
SECURITY
TRUSTEE
|
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
HSH
NORDBANK AG
|
)
|
|
LEAD
ARRANGER/LEAD BOOKRUNNER
|
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
HSH
NORDBANK AG
|
)
|
|
JOINT
BOOKRUNNER
|
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
THE
GOVERNOR AND COMPANY
|
)
|
|
OF
THE BANK OF SCOTLAND
|
)
|
|
JOINT
UNDERWRITERS
|
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
HSH
NORDBANK AG
|
)
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
THE
GOVERNOR AND COMPANY OF
|
)
|
|
THE
BANK OF SCOTLAND
|
)
|
|
SWAP
BANKS
|
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
HSH
NORDBANK AG
|
)
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
HSH
NORDBANK AG
|
)
|
|
SIGNED
by
|
)
|
|
For
and on behalf of
|
)
|
|
HBOS
TREASURY SERVICES PLC
|
)
|
|
Witness
to all the
|
)
|
|
above
signatures
|
)
|
|
Name:
|
|
|
Address:
|
|
SECURITY PARTIES’ CONFIRMATION
COUNTERSIGNED this
day of May 2007 for and on behalf of the
below companies each of which, by its execution hereof, confirms and
acknowledges that it has read and understood the terms and conditions of this
Amendment and Restatement Agreement, that it agrees in all respects to the same
and that the Finance Documents to which it is a party shall remain in full force
and effect and shall continue to stand as security for the obligations of the
Borrower under the Loan Agreement.
|
for
and on behalf of
|
for
and on behalf of
|
|
|
WEALTH
MANAGEMENT INC.
|
CELINE
SHIPPING COMPANY LIMITED
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
HYDROGEN
SHIPPING COMPANY LIMITED
|
TEMPO
MARINE CO.
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
ANNAPOLIS
SHIPPING COMPANY LIMITED
|
LANCAT
SHIPPING COMPANY LIMITED
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
XXXXX
SHIPPING COMPANY LIMITED
|
MALVINA
SHIPPING COMPANY LIMITED
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
ARLETA
NAVIGATION COMPANY LIMITED
|
SELMA
SHIPPING COMPANY LIMITED
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
ROYERTON
SHIPPING COMPANY LIMITED
|
SAMSARA
SHIPPING COMPANY LIMITED
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
LANSAT
SHIPPING COMPANY LIMITED
|
FARAT
SHIPPING COMPANY LIMITED
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
MADRAS
SHIPPING COMPANY LIMITED
|
IGUANA
SHIPPING COMPANY LIMITED
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
BORSARI
SHIPPING COMPANY LIMITED
|
XXXXXXX
NAVIGATION LIMITED
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
ZATAC
SHIPPING COMPANY LIMITED
|
ONIL
SHIPPING COMPANY LIMITED
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
XXXX
SHIPPING COMPANY LIMITED
|
FABIANA
NAVIGATION COMPANY LIMITED
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
XXXXXX
SHIPPING COMPANY LIMITED
|
XXXXXX
SHIPPING COMPANY LIMITED
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
ARGO
OWNING COMPANY LIMITED
|
MATERNAL
OWNING COMPANY LIMITED
|
|
|
for
and on behalf of
|
for
and on behalf of
|
|
|
PATERNAL
OWNING COMPANY LIMITED
|
STAR
RECORD OWNING LIMITED
|
|
|
for
and on behalf of
|
||
|
SEAVENTURE
SHIPPING COMPANY LIMITED
|
||
APPENDIX
FORM
OF AMENDED AND RESTATED LOAN AGREEMENT MARKED TO INDICATE AMENDMENTS TO THE LOAN
AGREEMENT
Amendments
are indicated as follows:
|
1
|
additions
are indicated by underlined text;
and
|
|
2
|
deletions
are shown by the relevant text being struck
out.
|
