3,500,000 Common Units K-SEA TRANSPORTATION PARTNERS L.P. Representing Limited Partner Interests UNDERWRITING AGREEMENTUnderwriting Agreement • December 4th, 2003 • K-Sea Tranportation Partners Lp • Water transportation • New York
K-Sea Transportation Partners L.P., a Delaware limited partnership (the “Partnership”), proposes to sell 3,500,000 common units (the “Firm Units”), each representing a limited partner interest in the Partnership (the “Common Units”). In addition, the Partnership proposes to grant to the Underwriters named in Schedule 1 hereto (the “Underwriters”) an option to purchase up to an additional 525,000 Common Units on the terms and for the purposes set forth in Section 2 (the “Option Units”). The Firm Units and the Option Units, if purchased, are hereinafter collectively called the “Units.” This is to confirm the agreement among (i) the Partnership, (ii) K-Sea General Partner L.P., a Delaware limited partnership and the general partner of the Partnership (the “General Partner”), (iii) K-Sea General Partner GP LLC, a Delaware limited liability company and the general partner of the General Partner (“K-Sea General Partner”), (iv) K-Sea Investors L.P., a Delaware limited partnership (“K-Sea Inve
SUPPLEMENTAL INDENTURE NO. 1Supplemental Indenture • December 4th, 2003 • K-Sea Tranportation Partners Lp • Water transportation • New York
THIS SUPPLEMENTAL INDENTURE NO. 1, dated as of December ___, 2003 (this “Supplement”), among JPMORGAN CHASE BANK, a New York banking corporation (the “Indenture Trustee”), K-SEA TRANSPORTATION PARTNERS L.P., a Delaware limited partnership (“K-Sea LP”), and K-SEA OPERATING PARTNERSHIP L.P., a Delaware limited partnership (“K-Sea OLP”).
AMENDMENT NO. 1 TO COMMITMENT TO GUARANTEE OBLIGATIONSCommitment to Guarantee Obligations • December 4th, 2003 • K-Sea Tranportation Partners Lp • Water transportation • New York
THIS AMENDMENT NO. 1 TO COMMITMENT TO GUARANTEE OBLIGATIONS, dated as of December ___, 2003 (this “Amendment”) made and entered into by the UNITED STATES OF AMERICA (the “United States”), represented by the SECRETARY OF TRANSPORTATION, acting by and through the MARITIME ADMINISTRATOR (the “Secretary”), and accepted on said date by K-SEA TRANSPORTATION PARTNERS L.P., a Delaware limited partnership (“K-Sea LP” or “Parent Company”), and K-SEA OPERATING PARTNERSHIP L.P., a Delaware limited partnership (“K-Sea OLP” or the “Shipowner”). Except to the extent otherwise expressly defined herein, capitalized terms have the meanings set forth in Schedule X to the Restated Security Agreement, Contract No. MA-13781 (the “Restated Security Agreement”), dated as of the date hereof, by and among K-Sea LP, K-Sea OLP and the Secretary.
RESTATED TITLE XI RESERVE FUND AND FINANCIAL AGREEMENTFinancial Agreement • December 4th, 2003 • K-Sea Tranportation Partners Lp • Water transportation • District of Columbia
THIS RESTATED TITLE XI RESERVE FUND AND FINANCIAL AGREEMENT, dated as of and effective as of December , 2003 (this “Financial Agreement”), among K-SEA TRANSPORTATION PARTNERS L.P., a Delaware limited partnership (“K-Sea LP”), K-SEA OPERATING PARTNERSHIP L.P., a Delaware limited partnership (“K-Sea OLP”, and collectively with K-Sea LP, the “Partnerships” and each a “Partnership”), and the UNITED STATES OF AMERICA (the “United States”), represented by the Secretary of Transportation, acting by and through the Maritime Administrator (the “Secretary”), pursuant to Title XI of the Act.
RESTATED SECURITY AGREEMENTSecurity Agreement • December 4th, 2003 • K-Sea Tranportation Partners Lp • Water transportation • New York
THIS RESTATED SECURITY AGREEMENT, dated as of and effective as of December ___, 2003 (this “Security Agreement”), among K-SEA TRANSPORTATION PARTNERS L.P., a Delaware limited partnership (“K-Sea LP” or “Parent Company”), K-SEA OPERATING PARTNERSHIP L.P., a Delaware limited partnership (“K-Sea OLP” or “Shipowner”), and the UNITED STATES OF AMERICA (the “United States”), represented by the Secretary of Transportation, acting by and through the Maritime Administrator (the “Secretary”), pursuant to Title XI of the Act.
