Date 28 January 2010 TBS INTERNATIONAL PUBLIC LIMITED COMPANY as Guarantor - and - JOH. BERENBERG, GOSSLER & CO. KG as Lender GUARANTEE relating to a Loan Agreement dated 19 June 2008TBS International PLC • March 16th, 2010 • Deep sea foreign transportation of freight
Company FiledMarch 16th, 2010 IndustryClause Page 1 INTERPRETATION 1 2 GUARANTEE 1 3 LIABILITY AS PRINCIPAL AND INDEPENDENT DEBTOR 2 4 EXPENSES 2 5 ADJUSTMENT OF TRANSACTIONS 2 6 PAYMENTS 3 7 INTEREST 3 8 SUBORDINATION 3 9 ENFORCEMENT 3 10 REPRESENTATIONS AND WARRANTIES 4 11 UNDERTAKINGS 5 12 JUDGMENTS AND CURRENCY INDEMNITY 6 13 SET-OFF 6 14 SUPPLEMENTAL 7 15 ASSIGNMENT 7 16 NOTICES 7 17 INVALIDITY OF LOAN AGREEMENT 8 18 GOVERNING LAW AND JURISDICTION 8 EXECUTION PAGE 10
Date 11 January 2010 TBS INTERNATIONAL PUBLIC LIMITED COMPANY as Guarantor - and - COMMERZBANK AG as Lender GUARANTEE relating to a Loan Agreement dated 28 May 2008TBS International PLC • March 16th, 2010 • Deep sea foreign transportation of freight
Company FiledMarch 16th, 2010 IndustryClause Page 1 INTERPRETATION 1 2 GUARANTEE 1 3 LIABILITY AS PRINCIPAL AND INDEPENDENT DEBTOR 2 4 EXPENSES 2 5 ADJUSTMENT OF TRANSACTIONS 2 6 PAYMENTS 3 7 INTEREST 3 8 SUBORDINATION 3 9 ENFORCEMENT 4 10 REPRESENTATIONS AND WARRANTIES 4 11 UNDERTAKINGS 5 12 JUDGMENTS AND CURRENCY INDEMNITY 7 13 SET-OFF 7 14 SUPPLEMENTAL 7 15 ASSIGNMENT 8 16 NOTICES 8 17 INVALIDITY OF LOAN AGREEMENT 9 18 GOVERNING LAW AND JURISDICTION 9 EXECUTION PAGE 11