DXXXX SHIPPING SERVICES S. A., a company duly incorporated in the Republic of Panama, and whose resident agent is situated at Edificio Universal, Piso 10, Xxxxxxx Xxxxxxxx Xxxx, Panama, Republic of Panama (the "Manager"); and
DXXXX SHIPPING SERVICES S. A., a company incorporated under the laws of the Republic of Panama with its registered office at Edificio Universal, Piso 10, Xxxxxxx Xxxxxxxx Xxxx, Panama, Republic of Panama; and
DXXXX SHIPPING SERVICES S. A. (as manager) (4) BNP Paribas (as lender) (5) BNP Paribas (as agent) (6) BNP Paribas (as security trustee) (7) BNP Paribas (as swap bank) PIRAEUS\3000000.3 PIRAEUS\3140719.3 Contents Page 1 Interpretation.................................................................................. 2 2 Conditions...................................................................................... 3 3 Representations............................................................................... 3 4 Amendments to Loan Agreement and Finance Documents.......................... 4 5 Confirmations and Undertakings......................................................... 21 6 Notices, Counterparts, Governing Law and Jurisdiction............................. 21 Schedule 1 The Lenders.................................................................................. 23 Schedule 2 Effective Date Confirmation............................................................... 24 Schedule 3 Conditions Precedent....................................................................... 26 Schedule 4 29 Supplemental Agreement Dated June 2020 Between:
DXXXX SHIPPING SERVICES S. A. Edificio Universal, Piso 10 Xxxxxxx Xxxxxxxx Xxxx Panama Republic of Panama We, BNP Paribas, refer to the supplemental agreement dated June 2020 (the "Supplemental Agreement") relating to a secured loan agreement dated 18 December 2014 as amended and supplemented by a supplemental letter agreement dated 13 July 2018 (together, the "Loan Agreement") made between, amongst others, the above named Weno Shipping Company Inc. and Pulap Shipping Company Inc. as the Borrowers, the banks listed in it as the Lenders, ourselves as the Agent, ourselves as the Security Trustee and ourselves as the Swap Bank in respect of a loan to the Borrowers from the Lenders of up to $55,000,000. We hereby confirm that all conditions precedent referred to in Clause 2.1 of the Supplemental Agreement have been satisfied. In accordance with Clauses 1.1 and 4 of the Supplemental Agreement the Effective Date is the date of this confirmation and the amendments to the Loan Agreement and the Corporate Guarantee are now effective. Dated June 2020 Signed:___________________________________ For and on behalf of BNP Paribas Schedule 3 Conditions Precedent
DXXXX SHIPPING SERVICES S. A. ) acting by ) ) its duly authorised ) ) in the presence of: ) Witness signature:………………………………………… Name: Address: PIRAEUS\3140719.3 Page 33 Signed and delivered as ) a Deed by ) BNP Paribas ) (as lender) ) acting by ) ) its duly authorised ) ) in the presence of: ) Witness signature:………………………………………… Name: Address: Signed and delivered as ) a Deed by ) BNP Paribas ) (as agent) ) acting by ) ) its duly authorised ) ) in the presence of: ) Witness signature:………………………………………… Name: Address: PIRAEUS\3140719.3 Page 34 Signed and delivered as ) a Deed by ) BNP Paribas ) (as security trustee) ) acting by ) ) its duly authorised ) ) in the presence of: ) Witness signature:………………………………………… Name: Address: Signed and delivered as ) a Deed by ) BNP Paribas ) (as swap bank) ) acting by ) ) its duly authorised ) ) in the presence of: ) Witness signature:………………………………………… Name: Address:
