INTERCREDITOR AGREEMENT dated as of August 8, 2014 among WILMINGTON TRUST (LONDON) LIMITED, as First-Priority Agent, WILMINGTON TRUST (LONDON) LIMITED, as Second-Priority Agent and EAGLE BULK SHIPPING INC., as debtor and debtor-in- possession and The...Intercreditor Agreement • August 11th, 2014 • Eagle Bulk Shipping Inc. • Deep sea foreign transportation of freight • New York
INTERCREDITOR AGREEMENT (this “Agreement”) dated as of August 8, 2014, among WILMINGTON TRUST (LONDON) LIMITED, as Security Trustee under the First-Priority Credit Agreement (as defined below), WILMINGTON TRUST (LONDON) LIMITED, as Security Trustee under the Second-Priority Credit Agreement (as defined below), EAGLE BULK SHIPPING INC., a corporation incorporated in the Republic of the Marshall Islands, as debtor and debtor-in-posession (the “Company”) and each Subsidiary of the Company listed on Schedule I hereto (the “Guarantors”).
CONSENT AND AMENDMENT NO. 1 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 11th, 2014 • Eagle Bulk Shipping Inc. • Deep sea foreign transportation of freight • New York
This CONSENT AND AMENDMENT NO. 1 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Consent and Amendment”), dated as of August 5, 2014 (the “Amendment”), is made and entered into by and among (i) Eagle Bulk Shipping Inc., a corporation incorporated under the laws of the Marshall Islands (the “Borrower”) and each of its subsidiaries on the signature pages hereto (collectively, the “Guarantors”, and together with the Borrower, the “Obligors”), (ii) the Majority Lenders under the Credit Agreement referred to below (the “Lenders”) and (iii) Wilmington Trust (London) Limited, as successor agent (in such capacity, the “Agent”) and successor security trustee (in each such capacity, the “Security Trustee”) for the Lenders.
Date: August ___, 2014 as Owner - and - WILMINGTON TRUST (LONDON) LIMITED, as Security Trustee PREFERRED MARSHALL ISLANDS MORTGAGE [VESSEL]Preferred Marshall Islands Mortgage • August 11th, 2014 • Eagle Bulk Shipping Inc. • Deep sea foreign transportation of freight
THIS PREFERRED MARSHALL ISLANDS MORTGAGE is made on August [_], 2014 (as the same may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Mortgage”)
SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of August 8, 2014 by and among EAGLE BULK SHIPPING INC., a Debtor and a Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, as Borrower, the Guarantors from time to time party...Possession Credit Agreement • August 11th, 2014 • Eagle Bulk Shipping Inc. • Deep sea foreign transportation of freight • New York
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto hereby agree as follows:
SECURITY AGREEMENT DATED AS OF AUGUST 8, 2014 between EAGLE BULK SHIPPING INC. (a Debtor and a Debtor-in-Possession under Chapter 11 of the Bankruptcy Code) each of the parties signatory hereto as the Security Providers and WILMINGTON TRUST (LONDON)...Security Agreement • August 11th, 2014 • Eagle Bulk Shipping Inc. • Deep sea foreign transportation of freight • New York
Each Security Provider enters into this Agreement in connection with the Superpriority Debtor-in-Possession Credit Agreement dated as of August 8, 2014 between, among others, the Borrower, certain of its subsidiaries, as guarantors, the lenders party thereto, and Wilmington Trust (London) Limited, as agent and security trustee (the “Credit Agreement”).
PLEDGE AGREEMENT DATED AS OF AUGUST 8, 2014 among EAGLE BULK SHIPPING INC. (a Debtor and a Debtor-in-Possession under Chapter 11 of the Bankruptcy Code) and EAGLE SHIPPING INTERNATIONAL (USA) LLC, as Pledgors, the Issuers listed on the signature pages...Pledge Agreement • August 11th, 2014 • Eagle Bulk Shipping Inc. • Deep sea foreign transportation of freight • New York
Each Pledgor enters into this Agreement in connection with the Superpriority Debtor-in-Possession Credit Agreement dated as of August 8, 2014 between, among others, the Borrower, certain of its subsidiaries as guarantors, the lenders party thereto, and Wilmington Trust (London) Limited as agent and security trustee (the “Credit Agreement”).
