INSTRUMENT OF ACCESSION AMENDED AND RESTATED VOTING TRUST AGREEMENT
EXHIBIT 9.3
INSTRUMENT OF ACCESSION
AMENDED AND RESTATED VOTING TRUST AGREEMENT
The undersigned, Xxxxxxxxx Fund, L.P., as a condition precedent to becoming the owner or holder of record of (i) one hundred twenty six thousand five hundred eighty two (126,582) shares of Common Stock, par value $0.01 per share, of H-Lines Holding Corp., a Delaware corporation (the “Company”) and (ii) one million eight hundred ninety eight thousand seven hundred thirty (1,898,730) shares of Series A Redeemable Preferred Stock, par value $0.01 per share, of the Company, hereby agrees to become a “Stockholder” under, a party to, and bound by, that certain Amended and Restated Voting Trust Agreement dated as of October 15, 2004, by and among the Company, each of the persons or entities listed on the signature pages thereof and the person whose name appears below as Voting Trustee (the “Voting Trustee”), as amended and restated, supplemented or otherwise modified through the date hereof. This Instrument of Accession shall take effect and shall become an integral part of said Amended and Restated Voting Trust Agreement immediately upon execution and delivery to the Voting Trustee of this Instrument.
IN WITNESS WHEREOF, the undersigned has caused this INSTRUMENT OF ACCESSION to be signed as of the date below written.
XXXXXXXXX FUND, L.P. | ||
By: | XXXXXXXXX MANAGERS, LLC, its general partner | |
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Vice President | |
Address: c/o Glencoe Capital | ||
000 Xxxx Xxxxx Xxxxxx, Xxxxx 0000 | ||
Xxxxxxx, XX 00000 | ||
Date: October 15, 2004 | ||
Accepted: | ||
VOTING TRUSTEE: | ||
/s/ Xxxx X. Xxxxxx | ||
Date: October 15, 2004 |