September 30, 2010TBS International PLC • October 1st, 2010 • Deep sea foreign transportation of freight
RE: Bareboat Charter Party dated as of January 24, 2007 (as amended and supplemented, the “Charter”) among Rushmore Shipping LLC as Owner (the “Owner”), Beekman Shipping Corp. as Charterer (the “Charterer”), and the Guarantors named therein in respect of the Panamanian registered and Philippines bareboat registered LAGUNA BELLE
To : (1) TBS International plcFacility Agreement • October 1st, 2010 • TBS International PLC • Deep sea foreign transportation of freight
FORBEARANCE AGREEMENT dated as of September 30, 2010Forbearance Agreement • October 1st, 2010 • TBS International PLC • Deep sea foreign transportation of freight • New York
Reference is hereby made to: (a) those certain extensions of credit made pursuant to and as evidenced by, inter alia, (i) that certain Amended and Restated Credit Agreement, dated as of March 26, 2008 (as amended, restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”), among Albemarle Maritime Corp. and each of the other entities identified on the signature pages thereof as Borrowers, TBS International plc and TBS International Limited, as guarantors (collectively, “Holdings”), TBS Shipping Services Inc., as Administrative Borrower, each of the financial institutions party thereto as lenders, Bank of America, N.A., as Administrative Agent (the “Administrative Agent”), Citibank, N.A. and DVB Group Merchant Bank (Asia) Ltd., as co-Syndication Agents, TD Banknorth, N.A., as Documentation Agent and Banc of America Securities LLC, as Sole Lead Arranger and Sole Book Manager; and (b) those certain interest rate swap transactions (collectively, t
September 30, 2010TBS International PLC • October 1st, 2010 • Deep sea foreign transportation of freight
FORBEARANCE AGREEMENT dated as of September 30, 2010Forbearance Agreement • October 1st, 2010 • TBS International PLC • Deep sea foreign transportation of freight • New York
Reference is hereby made to those certain extensions of credit (the “Loans”) made pursuant to and as evidenced by, inter alia, (a) that certain Amended and Restated Credit Agreement, dated as of March 26, 2008 (as amended, restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”), among Albemarle Maritime Corp. and each of the other entities identified on the signature pages thereof as Borrowers (the “Borrowers”), TBS International plc and TBS International Limited, as guarantors (collectively, “Holdings”), TBS Shipping Services Inc., as Administrative Borrower (the “Administrative Borrower”), each of the financial institutions party thereto as lenders (the “Lenders”), Bank of America, N.A., as Administrative Agent (the “Administrative Agent”), Citibank, N.A. and DVB Group Merchant Bank (Asia) Ltd., as co-Syndication Agents, TD Banknorth, N.A., as Documentation Agent and Banc of America Securities LLC, as Sole Lead Arranger and Sole Book Mana
September 30, 2010TBS International PLC • October 1st, 2010 • Deep sea foreign transportation of freight
September 30, 2010TBS International PLC • October 1st, 2010 • Deep sea foreign transportation of freight
To : (1) TBS International plcTBS International PLC • October 1st, 2010 • Deep sea foreign transportation of freight
September 30, 2010TBS International PLC • October 1st, 2010 • Deep sea foreign transportation of freight
RE: Forbearance and Waiver of Events of Default under that certain Loan Agreement dated 28 May 2008 made between (i) Dyker Maritime Corp. as Borrower and (ii) Commerzbank AG as Lender relating to a term loan facility of US$12,500,000 as supplemented by a waiver letter dated 2 March 2009, an extension of waiver letter dated 28 December 2009, a supplemental agreement dated 8 January 2010, a further extension of waiver letter dated 31 March 2010 and a further extension letter dated 29 April 2010 (together the “Loan Agreement”).
To : (1) TBS International plcTBS International PLC • October 1st, 2010 • Deep sea foreign transportation of freight
