AMENDED AND RESTATED NOTE PURCHASE AGREEMENT BY AND AMONG EPSILON ACQUISITIONS LLC, ODYSSEY MARINE ENTERPRISES, LTD. AND ODYSSEY MARINE EXPLORATION, INC. DATED AS OF MARCH 18, 2016 AMENDED AND RESTATED AS OF OCTOBER 1, 2016Note Purchase Agreement • October 6th, 2016 • Odyssey Marine Exploration Inc • Water transportation • Delaware
THIS AMENDED AND RESTATED NOTE PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of March 18, 2016, amended and restated as of October 1, 2016, by and among Odyssey Marine Exploration Inc., a Nevada corporation (the “Parent”), Odyssey Marine Enterprises, Ltd., a Bahamas company and wholly owned subsidiary of the Parent (the “Company”), and Epsilon Acquisitions LLC, a Delaware limited liability company (the “Lender”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in Annex A hereto.
AMENDED AND RESTATED WAIVER AND CONSENTWaiver and Consent • October 6th, 2016 • Odyssey Marine Exploration Inc • Water transportation • Delaware
This AMENDED AND RESTATED WAIVER AND CONSENT (this “Waiver”), is made and entered into as of October 1, 2016, by and among Odyssey Marine Exploration, Inc., a Nevada corporation (the “Company”), Odyssey Marine Enterprises, Ltd., a Bahamas company and wholly-owned subsidiary of the Company (“OME”), Penelope Mining LLC, a Delaware limited liability company (“Penelope”), and Minera del Norte S.A. de C.V., a Mexican societe anonime (“Minosa” and together with Penelope, the “Minosa Entities”). Reference is hereby made to that certain Stock Purchase Agreement dated as of March 11, 2015, as amended April 10, 2015 (the “SPA”), by and among the Company and the Minosa Entities. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the SPA.
