0001104659-10-005661 Sample Contracts

AMENDMENT NO. 3 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • February 9th, 2010 • K-Sea Transportation Partners Lp • Water transportation • New York

AMENDMENT NO. 3 (this “Amendment”), dated as of December 23, 2009, by and among K-SEA OPERATING PARTNERSHIP L.P. (“Borrower”), the several financial institutions party hereto (the “Lenders”), KEYBANK NATIONAL ASSOCIATION, as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”) and as collateral trustee for the Lenders, BANK OF AMERICA, N.A. (successor to LaSalle Bank, National Association) and CITIBANK, N.A., as Co-Syndication Agents, and CITIZENS BANK OF PENNSYLVANIA and HSBC BANK USA, NATIONAL ASSOCIATION, as Co-Documentation Agents.

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AMENDMENT NO. 2 TO LOAN AGREEMENT
Loan Agreement • February 9th, 2010 • K-Sea Transportation Partners Lp • Water transportation • New York

AMENDMENT NO. 2 (this “Amendment”), dated as of December 30g, 2009, by and among K-SEA OPERATING PARTNERSHIP L.P., as borrower (the “Borrower”), WELLS FARGO EQUIPMENT FINANCE INC. (“WFEFI”) (as assignee of Citizens Leasing Corporation, D/B/A Citizens Asset Finance (“CAF”)), such other banks as may become party to the Loan Agreement as defined below from time to time (each individually, a “Lender” and collectively, the “Lenders”) and WFEFI as assignee of CAF in the separate capacity of agent and collateral trustee on behalf of the Lenders from time to time party to the Loan Agreement, (in such capacity, the “Agent”).

AMENDMENT NO. 2 to CREDIT FACILITY AGREEMENT PROVIDING FOR A US$57,600,000 SECURED TERM LOAN CREDIT FACILITY TO BE MADE AVAILABLE TO K-SEA OPERATING PARTNERSHIP L.P., as Borrower BY DNB NOR BANK ASA, as Mandated Lead Arranger, Bookrunner,...
Credit Facility Agreement • February 9th, 2010 • K-Sea Transportation Partners Lp • Water transportation • New York

THIS AMENDMENT NO. 2 TO CREDIT FACILITY AGREEMENT (this “Amendment”) is made as of the 23rd day of December, 2009, and amends and is supplemental to that certain credit facility agreement dated as of June 4, 2008, as amended by Amendment No. 1 thereto, dated as of June 30, 2008 (as so amended, the “Credit Agreement”), and is by and among (1) K-SEA OPERATING PARTNERSHIP L.P., a limited partnership organized and existing under the laws of the State of Delaware (the “Borrower”), (2) the banks and financial institutions listed on Schedule 1 thereto, as lenders (together with any bank or financial institution which becomes a Lender pursuant to Section 10, the “Lenders”), and (3) DNB NOR BANK ASA, a banking company organized and existing under the laws of the Kingdom of Norway (“DnB NOR”), as mandated lead arranger (in such capacity, the “Mandated Lead Arranger”), as bookrunner (in such capacity, the “Bookrunner”), as administrative agent for the Lenders (in such capacity, the “Administrativ

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