INSTRUMENT OF ACCESSION STOCKHOLDERS AGREEMENT
Exhibit 10.9
INSTRUMENT OF ACCESSION
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 Stockholders Agreement dated as of July 7, 2004, by and among the Company and the other parties thereto, as amended, restated, 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 Stockholders Agreement immediately upon execution and delivery to the Company 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: |
||
H-LINES HOLDING CORP. | ||
By: |
/s/ Xxxxxxx X. Xxxxxxx | |
Name: |
Xxxxxxx X. Xxxxxxx | |
Title: |
President & CEO | |
Date: |
October 15, 2004 |
INSTRUMENT OF ACCESSION
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 Stockholders Agreement dated as of July 7, 2004, by and among the Company and the other parties thereto, as amended, restated, 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 Stockholders Agreement immediately upon execution and delivery to the Company 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: |
| |
Name: |
Xxxxxx X. Xxxxxxxx | |
Title: |
Vice President | |
Address: |
c/o Glencoe Capital | |
000 Xxxx Xxxxx Xxxxxx. Xxxxx 0000 | ||
Xxxxxxx. XX 00000 | ||
Date: |
| |
Accepted: |
||
H-L1NES HOLDING CORP. | ||
By: |
/s/ Xxxxxxx Xxxxxxx | |
Name: |
Xxxxxxx Xxxxxxx | |
Title: |
President & CEO | |
Date: |
October 15, 2004 |