STOCK PURCHASE AGREEMENT by and among EXCEL MARITIME CARRIERS LTD., as Seller and LHADA HOLDINGS INC. and TANEW HOLDINGS INC., as Purchasers Dated as of March 2nd, 2009Stock Purchase Agreement • March 10th, 2010 • Excel Maritime Carriers LTD • Deep sea foreign transportation of freight • New York
THIS STOCK PURCHASE AGREEMENT (this "Agreement"), dated as of March 2nd, 2009, by and among EXCEL MARITIME CARRIERS LTD., a corporation organized under the laws of the Republic of Liberia (the "Company"), and LHADA HOLDINGS INC., a corporation organized under the laws of the Republic of Liberia ("Lhada") and TANEW HOLDINGS INC., a corporation organized und under the laws of the Republic of Liberia ("Tanew" and together with Lhada, the "Purchasers" and each a "Purchaser").
Private & Confidential Dated 6 October 2009 _______________________________ AMCIC CAPE HOLDINGS LLC and BIRD ACQUISITION CORP. (1) (2) _______________________________ MEMBERSHIP INTEREST TRANSFER AGREEMENT for the transfer of membership interests in...Membership Interest Transfer Agreement • March 10th, 2010 • Excel Maritime Carriers LTD • Deep sea foreign transportation of freight
Clause Page 1 Definitions and interpretation 1 2 Conditions precedent 4 3 Agreement to sell the Lillie Membership Interests 4 4 Consideration 5 5 Agreement to transfer the Hope Membership Interests 5 6 Completion 5 7 The Warranties 8 8 Dealing with and voting on the Lillie Membership Interests and the Hope Membership Interests 9 9 Bird undertaking 10 10 Entire agreement 10 11 Announcements and confidentiality 11 12 Waivers and releases 11 13 Miscellaneous 12 14 Notices 12 15 Assignment 13 16 Governing law and agent for service of process 13 17 Jurisdiction 14
AMENDMENT NO. 1 TO SENIOR SECURED CREDIT FACILITYSenior Secured Credit Facility • March 10th, 2010 • Excel Maritime Carriers LTD • Deep sea foreign transportation of freight • New York
AMENDMENT NO. 1, DATED AS OF March 31, 2009 (the "Credit Agreement Amendment"), among the undersigned (i) EXCEL MARITIME CARRIERS LTD., a Liberian corporation, as borrower (the "Borrower"), (ii) the banks, financial institutions and other institutional lenders listed Lenders on the signature pages hereof, (iii) NORDEA BANK FINLAND PLC, LONDON BRANCH individually ("Nordea") and as Administrative Agent (the "Administrative Agent") for the Secured Parties, (iv) NORDEA, DVB BANK SE, DEUTSCHE BANK AG FILIALE DEUTSCHLANDGESCHÄFT ("DB"), GENERAL ELECTRIC CAPITAL CORPORATION, and HSH NORDBANK AG, as lead arrangers (the "Lead Arrangers"), (v) NATIONAL BANK OF GREECE S.A., CREDIT SUISSE and FORTIS BANK, as co-arrangers (the "Co-Arrangers"), (vi) NORDEA and DB, as book runners and (vii) NORDEA, as Issuing Bank, to the SENIOR SECURED CREDIT FACILITY, dated as of April 14, 2008 (the "Original Credit Agreement"), among (i) the Borrower, (ii) Lenders party thereto, (iii) the Administrative Agent appo
Private & Confidential Dated 6 October 2009 ____________________________________ AMCIC CAPE HOLDINGS LLC and BIRD ACQUISITION CORP. (1) (2) ____________________________________ MEMBERSHIP INTEREST TRANSFER AGREEMENT for the transfer of membership...Membership Interest Transfer Agreement • March 10th, 2010 • Excel Maritime Carriers LTD • Deep sea foreign transportation of freight
Clause Page 1 Definitions and interpretation 1 2 Conditions precedent 3 3 Agreement to sell the Christine Membership Interests 4 4 Consideration 4 5 Completion 4 6 The Warranties 6 7 Dealing with and voting on the Christine Membership Interests 8 8 Entire agreement 8 9 Announcements and confidentiality 8 10 Waivers and releases 9 11 Miscellaneous 9 12 Notices 10 13 Assignment 10 14 Governing law and agent for service of process 11 15 Jurisdiction 11
AMENDMENT NO. 1 TO STOCK PURCHASE AGREEMENT by and among EXCEL MARITIME CARRIERS LTD., as Seller and LHADA HOLDINGS INC. and TANEW HOLDINGS INC., as Purchasers Dated as of March 30, 2009Stock Purchase Agreement • March 10th, 2010 • Excel Maritime Carriers LTD • Deep sea foreign transportation of freight
THIS AMENDMENT NO. 1 TO SECURITIES PURCHASE AGREEMENT (this "Amendment"), dated as of March 30, 2009, is entered into by and among EXCEL MARITIME CARRIERS LTD., a corporation organized under the laws of the Republic of Liberia (the "Company"), and LHADA HOLDINGS INC., a corporation organized under the laws of the Republic of Liberia ("Lhada") and TANEW HOLDINGS INC., a corporation organized und under the laws of the Republic of Liberia ("Tanew" and together with Lhada, the "Purchasers" and each a "Purchaser").
