0001193125-13-292951 Sample Contracts

MORTGAGE AND NOTE MODIFICATION AND RENEWAL AGREEMENT
Mortgage and Note Modification and Renewal Agreement • July 17th, 2013 • Odyssey Marine Exploration Inc • Water transportation • Florida

THIS MORTGAGE AND NOTE MODIFICATION AND RENEWAL AGREEMENT (the “Agreement”) is executed this 11th day of July, effective the 11th day of July, 2013, by ODYSSEY MARINE EXPLORATION, INC., a Nevada corporation (the “Mortgagor”), whose address is: 5215 West Laurel Street, Tampa, Florida 33607, in favor of FIFTH THIRD BANK, an Ohio banking corporation (the “Lender”), whose address is: 201 East Kennedy Boulevard, Tampa, Florida 33602, and is made in reference to the following facts:

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FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • July 17th, 2013 • Odyssey Marine Exploration Inc • Water transportation • Florida

This Fourth Amendment to Loan and Security Agreement (the “Fourth Amendment”) is executed on this 11th day of July, 2013, between FIFTH THIRD BANK, an Ohio banking corporation, having a mailing address of 201 East Kennedy Boulevard, Suite 1800, Tampa, Florida 33602 (the “Bank”) and ODYSSEY MARINE EXPLORATION, INC., a Nevada corporation authorized to do business in Florida, having its principal place of business at 5215 West Laurel Street, Tampa, Florida 33607 (the “Borrower”), and amends and modifies that certain Revolving Credit Loan and Security Agreement dated February 8, 2008, as previously amended by First Amendment dated April 23, 2010, and Second Amendment dated May 4, 2011 and Third Amendment dated March 30, 2012 (collectively the “Loan Agreement”), as follows:

SECOND AMENDMENT TO LOAN AGREEMENT
Loan Agreement • July 17th, 2013 • Odyssey Marine Exploration Inc • Water transportation • Florida

This Second Amendment to Loan Agreement (the “Second Amendment”) is executed on this 11th day of July, 2013, between FIFTH THIRD BANK, an Ohio banking corporation, having a mailing address of 201 East Kennedy Boulevard, Suite 1800, Tampa, Florida 33602 (the “Bank”) and ODYSSEY MARINE EXPLORATION, INC., a Nevada corporation, authorized to do business in Florida, having its principal place of business at 5215 West Laurel Street, Tampa, Florida 33607 (the “Borrower”), and amends and modifies that certain Loan Agreement dated July 11, 2008, and that certain Amendment to Loan Agreement dated May 4, 2011 (the “Loan Agreement”), as follows:

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