Exhibit 4.16a
PLEDGE AMENDMENT
To: HSBC Bank USA (formerly known as
Marine Midland Bank) as Pledgee under the
Securities Pledge Agreement described below:
This is to inform you that we have acquired or obtained the following Additional
Shares as defined in the Securities Pledge Agreement dated November 27, 1996,
originally between you and the undersigned, as amended to date:
Percentage of all
Description Share Nos./ Issued
Issuer of Security Certificate Nos. Par Value Amount Capital of Issuer
------ ----------- ---------------- --------- ------ -----------------
Statia Terminals Canada 1 Common Shares 2 N/A N/A 100%
Holdings, Inc.
Statia Terminals Canada Partnership 1 and 5 N/A 97,000 95.4999%
Partnership Units
and that these Additional Shares are, and to the extent required, are hereby
made, subject to the Pledge as defined in said Securities Pledge Agreement. This
Pledge Amendment forms an integral part of the Securities Pledge Agreement.
Dated: September 30, 2001
STATIA TERMINALS CANADA, INCORPORATED
By:
-------------------------------------
Name: Xxxx Xxxxxxxx
Title: President
By:
-------------------------------------
Name:
Title:
STATIA TERMINALS CANADA HOLDINGS, INC.
ACKNOWLEDGMENT
Statia Terminals Canada Holdings, Inc. (the "COMPANY"), hereby
accepts notice of and acknowledges the pledge created by the attached Securities
Pledge Agreement originally between Statia Terminals Canada, Incorporated and
HSBC Bank USA (formerly known as Marine Midland Bank), as Trustee (the
"PLEDGEE") (as amended to date, the "PLEDGE AGREEMENT"), agrees to and
acknowledges the contents of the Pledge Agreement.
Dated: September 30, 2001
STATIA TERMINALS CANADA HOLDINGS, INC.
By:
-------------------------------------
Name: Xxxx Xxxxxxxx
Title: President
By:
-------------------------------------
Name:
Title:
-2-
STATIA TERMINALS CANADA PARTNERSHIP
ACKNOWLEDGMENT
Statia Terminals Canada Partnership (the "Partnership") hereby
represented by its managing partner, Statia Terminals Canada, Incorporated (the
"STCI"), accepts notice of and acknowledges the pledge created by the attached
Securities Pledge Agreement by and among Point Xxxxxx Marine Services Limited
and Statia Terminals Canada Holdings, Inc. (collectively, the "Pledgors") and
HSBC Bank USA (formerly known as Marine Midland Bank), as Trustee (the
"PLEDGEE") (the "PLEDGE AGREEMENT"), and each of STCI and the Pledgors agrees to
and acknowledges the contents of the Securities Pledge Agreement, undertakes to
register the pledge of Pledged Interests in the books and records of the
Partnership, including the transfer of voting rights to Pledgee in accordance
with Section 5 and to maintain such registration until Pledgee has instructed in
writing otherwise, and undertakes to Pledgee during the existence of the pledge
created thereby to comply with the provisions of the Pledge Agreement so long as
the pledge is in effect. Each of the undersigned agree that the provisions of
this acknowledgement apply notwithstanding the terms of any restrictions or
conditions contained in the partnership agreement dated September 21, 2001,
among such parties pursuant to which the Partnership was created.
Dated: September 30, 2001
STATIA TERMINALS CANADA STATIA TERMINALS CANADA
INCORPORATED, on its own behalf and as HOLDINGS, INC.
managing partner of STATIA TERMINALS
CANADA PARTNERSHIP. By:
------------------------------
Name: Xxxx Xxxxxxxx
By: Title: President
------------------------------
Name: Xxxx Xxxxxxxx
Title: President
By:
-----------------------------
By: Name:
------------------------------ Title:
Name:
Title:
POINT XXXXXX MARINE SERVICES
LIMITED
By:
------------------------------
Title: President
