SECOND AMENDED AND RESTATED STOCKHOLDERS RIGHTS AGREEMENT Dated as of October 7, 2008 between DIANA SHIPPING INC. and MELLON INVESTOR SERVICES LLC, as Rights AgentStockholders Rights Agreement • October 7th, 2008 • Diana Shipping Inc. • Deep sea foreign transportation of freight • New York
This Second Amended and Restated Stockholders Rights Agreement (this “Rights Agreement”) is made and entered into as of October 7, 2008, by and between Diana Shipping Inc., a Marshall Islands corporation (the “Company”), and Mellon Investor Services LLC, a New Jersey limited liability company, as Rights Agent (the “Rights Agent”). This Rights Agreement amends and restates in its entirety the stockholders rights agreement dated as of October 15, 2005 between the Company and its prior rights agent, Computershare Trust Company, Inc. (the “Prior Rights Agent”).
