0000950123-11-001995 Sample Contracts

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DATED 15 December 2010 GRAND AFFECTION S.A. GRAND AFFINITY S.A. (as Borrowers) — and — NEWLEAD HOLDINGS LTD. (as New Corporate Guarantor) — and — DVB BANK SE and others (as Lenders) — and — DVB BANK SE (as Agent) — and — DVB BANK SE (as Security...
Secured Loan Facility Agreement • January 11th, 2011 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight

SUPPLEMENTAL TO a Secured Loan Facility Agreement dated 9 July 2010 as amended and supplemented by a first supplemental agreement dated 14 July 2010 and as further amended and supplemented by a second supplemental agreement dated 9 November 2010 (together, the “Loan Agreement”) each made between, inter alia, (1) the Lenders, as lenders, (2) the Agent, acting as agent for the Lenders, (3) the Security Agent, acting as security agent for the Lenders and (4) the Borrowers, each of the Republic of the Marshall Islands, as joint and several borrowers, on the terms and subject to the conditions of which the Lenders have agreed to advance to the Borrowers, on a joint and several basis, an aggregate amount not exceeding forty eight million United States Dollars (US$48,000,000) (the “Loan”) in order to assist the Borrowers in pre-delivery and post-

DATED 9 November 2010 GRAND AFFECTION S.A. GRAND AFFINITY S.A. (as Borrowers) - and - NEWLEAD HOLDINGS LTD. (as New Corporate Guarantor) - and - DVB BANK SE and others (as Lenders) - and - DVB BANK SE (as Agent) - and - DVB BANK SE (as Security Agent)...
Secured Loan Facility Agreement • January 11th, 2011 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight

SUPPLEMENTAL TO a Secured Loan Facility Agreement dated 9 July 2010 as amended and supplemented by a first supplemental agreement dated 14 July 2010 (together, the “Loan Agreement”) each made between (1) the Lenders, as lenders, (2) the Agent, acting as agent for the Lenders, (3) the Security Agent, acting as security agent for the Lenders and (4) the Borrowers, each of the Republic of the Marshall Islands, as joint and several borrowers, on the terms and subject to the conditions of which the Lenders have agreed to advance to the Borrowers, on a joint and several basis, an aggregate amount not exceeding forty eight million United States Dollars (US$48,000,000) (the “Loan”) in order to assist the Borrowers in pre-delivery and post-delivery finance of part of the aggregate Contract Price of the Vessels and to refinance certain Existing Indebtedness.

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