Dated 20 March 2012 NAUTICLER S.A. as Borrower -and- MARFIN POPULAR BANK PUBLIC CO LTD as Lender FINANCIAL AGREEMENT relating to a revolving credit facility of up to $40,000,000Financial Agreement • April 5th, 2012 • Navios South American Logistics Inc. • Arrangement of transportation of freight & cargo
This Agreement sets out the terms and conditions on which the Lender has agreed to make available to the Borrower a revolving credit facility of up to Forty million Dollars ($40,000,000) for the purpose of providing the Borrower with working and investment capital on the terms and conditions hereinafter set forth.
ContractFirst Supplemental Indenture • April 5th, 2012 • Navios South American Logistics Inc. • Arrangement of transportation of freight & cargo • New York
FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of April 28, 2011, among Varena Maritime Services S.A. (the “Guaranteeing Subsidiary”), an indirect subsidiary of Navios South American Logistics Inc., a Marshall Islands corporation (the “Company”), the Company and Navios Logistics Finance (US) Inc., a Delaware corporation, (together with the Company, the “Co-Issuers”) the other Guarantors (as defined in the Indenture referred to herein) and Wells Fargo Bank, National Association, as trustee (or its permitted successor) under the Indenture referred to below (the “Trustee”).
ContractSupplemental Indenture • April 5th, 2012 • Navios South American Logistics Inc. • Arrangement of transportation of freight & cargo • New York
SECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of July 26, 2011, among HS SHIPPING LTD. INC., HS SOUTH INC., HS TANKERS INC., HS NAVIGATION INC. and THALASSA ENERGY S.A. (each, a “Guaranteeing Subsidiary”), each an indirect subsidiary of Navios South American Logistics Inc. (or its permitted successor), a Marshall Islands corporation (the “Company”), the Company and Navios Logistics Finance (US) Inc., a Delaware corporation, (together with the Company, the “Co-Issuers”) the other Guarantors (as defined in the Indenture referred to herein) and Wells Fargo Bank, National Association, as trustee (or its permitted successor) under the Indenture referred to below (the “Trustee”).
AMENDED AND RESTATED WAIVER TO SHAREHOLDER’S AGREEMENT Dated: March 22, 2012Waiver to Shareholder’s Agreement • April 5th, 2012 • Navios South American Logistics Inc. • Arrangement of transportation of freight & cargo
Reference is made to the Shareholder’s Agreement (the “Agreement”), dated as of June 17, 2010, by and between Navios South American Logistics Inc., a Marshall Islands corporation (the “Company”), Navios Corporation, a Marshall Islands corporation (“Navios”), and Grandall Investment S.A., a Panamanian corporation (“Grandall”). Navios shall include Navios Maritime Holdings Inc. (“Navios Holdings”), the parent corporation of Navios, as an anticipated shareholder of the Company in lieu of Navios. Capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement.
