Incorporation of the Loan Agreement provisions. The provisions of clause 30 (Law and Jurisdiction) of the Loan Agreement, as amended and supplemented by this Agreement, shall apply to this Agreement as if they were expressly incorporated in this Agreement with any necessary modifications. THIS AGREEMENT has been duly executed as a Deed on the date stated at the beginning of this Agreement. BORROWERS EXECUTED as a DEED ) by EMPIRE SPIRIT LTD. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by INDEPENDENT TRADER LTD. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by TRIATHLON INC. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by SOLEIL TRUST INC. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by JUNGLE INVESTMENT LIMITED ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by NORTHERN YIELD SHIPPING LIMITED ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) LENDER EXECUTED as a DEED ) by DnB NOR BANK ASA ) acting by XXXXX XXXXX ) /s/ XXXXX XXXXX its duly authorised attorney-in-fact ) Witness to all the above ) Signatures: RONAN LE DU ) /s/ RONAN LE DU Name: Ince & Co Address: Xxxx Xxxxxxx 00-00 Xxxxxxx 000 00 Xxxxxx 22 We on this 14 day of March, 2008 hereby confirm and acknowledge that we have read and understood the terms and conditions of the above Second Supplemental Agreement and agree in all respects to the same and confirm that the Finance Documents to which we are a party shall remain in full force and effect and shall continue to stand as security for the obligations of the Borrowers under the Loan Agreement (as amended by the Second Supplemental Agreement) and shall, without limitation, secure the Loan (as increased or to be increased by the amount of Tranche E). /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of XXXXXX FINANCE INC. QUINTA TRADING CO. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of DREW INTERNATIONAL INC. REINA PROPERTIES CORP. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of STEALTHGAS INC. BALKAN HOLDING INC. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of BALCAN PROFIT LIMITED EVOLUTION CRUDE INC.
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Samples: Empire Spirit (StealthGas Inc.)
Incorporation of the Loan Agreement provisions. The provisions of clause 30 (Law law and Jurisdictionjurisdiction) of the Loan Agreement, as amended and supplemented restated by this Agreement, shall apply to this Agreement as if they were expressly incorporated in this Agreement with any necessary modifications. THIS AGREEMENT has been duly executed as a Deed by or on behalf of the parties and has, on the date stated at the beginning of this Agreement. BORROWERS EXECUTED Agreement been delivered as a Deed. SCHEDULE 1 LENDERS Lender Lending Office Xxxxxx xxxx 00 X-0000 Xxxxxxxxx Xxxxxx Attn: Internasjonal Finansiering Fokus Bank (being the Norwegian Branch of Danske Bank A/S) Fax No: +00 00 00 00 00 execution page BORROWER EXECUTED AND DELIVERED) AS A DEED) for and on behalf of: /s/Xxxxxxxxx Xxxx-Xxxxxx Attorney in Fact GOLAR LNG 2234 CORPORATION in the presence of:/s/ Xxxxx Xxxx ,Trainee Solicitor GUARANTOR EXECUTED AND DELIVERED AS A DEED ) by EMPIRE SPIRIT LTD. ) acting by for and on behalf of: /s/Xxxxxxxxx Xxxx-Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by INDEPENDENT TRADER LTD. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by TRIATHLON INC. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by SOLEIL TRUST INC. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by JUNGLE INVESTMENT XXXXX LNG LIMITED ) acting by Attorney in Fact in the presence of: :/s/ Xxxxx Xxxx ,Trainee Solicitor THE LENDERS EXECUTED AND DELIVERED AS A DEED for and on behalf of: /s/Xxxxxx Xxxxxxx Xxxx, Attorney in Fact FOKUS BANK (being the Norwegian Branch of Danske Bank A/S) in the presence of: :/s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) Xxxxx Xxxx,Trainee Solicitor RETIRING AGENT EXECUTED as a AND DELIVERED AS A DEED ) by NORTHERN YIELD SHIPPING LIMITED ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) LENDER EXECUTED as a DEED ) by DnB NOR BANK ASA ) acting by XXXXX XXXXX ) /s/ XXXXX XXXXX its duly authorised attorney-in-fact ) Witness to all the above ) Signatures: RONAN LE DU ) /s/ RONAN LE DU Name: Ince & Co Address: Xxxx Xxxxxxx 00-00 Xxxxxxx 000 00 Xxxxxx 22 We on this 14 day of March, 2008 hereby confirm and acknowledge that we have read and understood the terms and conditions of the above Second Supplemental Agreement and agree in all respects to the same and confirm that the Finance Documents to which we are a party shall remain in full force and effect and shall continue to stand as security for the obligations of the Borrowers under the Loan Agreement (as amended by the Second Supplemental Agreement) and shall, without limitation, secure the Loan (as increased or to be increased by the amount of Tranche E). /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For ddb as ) /s/Xxxxxx Xxxx , Attorney in Fact (formerly known as Fokus Bank ASA in the presence of: :/s/ Xxxxx Xxxx,Trainee Solicitor SUCCEEDING AGENT EXECUTED AND DELIVERED AS A DEED for and on behalf of XXXXXX FINANCE INC. QUINTA TRADING CO. /s/Xxxxxx Xxxx, Attorney in Fact FOKUS BANK (being the Norwegian Branch of Danske Bank A/S in the presence of: :/s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For Xxxxx Xxxx,Trainee Solicitor SWAP BANK EXECUTED AND DELIVERED AS A DEED for and on behalf of For FOKUS BANK /s/Xxxxxx Xxxx, Attorney in Fact (being the Norwegian Branch of Danske Bank A/S) ) in the presence of: :/s/ Xxxxx Xxxx,Trainee Solicitor SECURITY TRUSTEE EXECUTED AND DELIVERED AS A DEED for and on behalf of DREW INTERNATIONAL INC/s/Xxxxxx Xxxx, Attorney in Fact DDB AS (formerly known as Fokus Bank ASA in the presence of: :/s/ Xxxxx Xxxx,Trainee Solicitor APPENDIX 1 form of amended and restated loan agreement marked to indicate amendments to the loan agreement Amendments are indicated as follows: 1 additions are indicated by underlined text; and 2 deletions are shown by the relevant text being struck out. REINA PROPERTIES CORPAPPENDIX 2 form of mortgage addendum Exhibit 4.30 Dated 19 April 2006 and as amended and restated on 27 February 2008 GOLAR LNG 2234 CORPORATION as Borrower - and - THE BANKS AND FINANCIAL INSTITUTIONS listed in Schedule 1 as Lenders - and - FOKUS BANK (being the Norwegian Branch of Danske Bank A/S) as Swap Bank and Agent DDB AS (formerly known as Fokus Bank ASA) as Security Trustee _______________________________________________________ LOAN AGREEMENT ______________________________________________________ relating to a US$120,000,000 term loan facility to finance a 145,700 cbm LNG carrier being constructed by Daewoo Shipbuilding & Marine Engineering Co., Ltd., known during construction as Hull No. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For 2234 and on behalf of For delivery to be named “GRANOSA” INDEX Clause Page 1INTERPRETATION 1 2FACILITY 13 3POSITION OF THE LENDERS AND THE SWAP BANK 13 4DRAWDOWN 14 5INTEREST 14 6INTEREST PERIODS 16 7DEFAULT INTEREST 17 8REPAYMENT AND PREPAYMENT 18 9CONDITIONS PRECEDENT 20 10REPRESENTATIONS AND WARRANTIES 20 12CORPORATE UNDERTAKINGS 26 13INSURANCE 27 14SHIP COVENANTS 30 15SECURITY COVER 33 16PAYMENTS AND CALCULATIONS 34 17APPLICATION OF RECEIPTS 36 18APPLICATION OF EARNINGS 37 19EVENTS OF DEFAULT 37 20FEES AND EXPENSES 41 21INDEMNITIES 42 22NO SET-OFF OR TAX DEDUCTION 44 23ILLEGALITY, ETC 45 24INCREASED COSTS 45 25SET-OFF 47 26TRANSFERS AND CHANGES IN LENDING OFFICES 47 27VARIATIONS AND WAIVERS 50 28NOTICES 51 29SUPPLEMENTAL 53 30LAW AND JURISDICTION 53 SCHEDULE 1 LENDERS AND COMMITMENTS55 SCHEDULE 2 DRAWDOWN NOTICE56 SCHEDULE 3 CONDITION PRECEDENT DOCUMENTS57 FER CERTIFICATE59 SCHEDULE 5 MANDATORY COST FORMULA63 SCHEDULE 6 LIST OF APPROVED SHIPBROKERS65 THIS AGREEMENT is made on 19 April 2006 and is amended and restated on behalf of STEALTHGAS INC. BALKAN HOLDING INC. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of BALCAN PROFIT LIMITED EVOLUTION CRUDE INC.[● ] 2008 BETWEEN:
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Samples: Loan Agreement
Incorporation of the Loan Agreement provisions. The provisions of clause 30 (Law law and Jurisdictionjurisdiction) of the Loan Agreement, as amended and supplemented restated by this Agreement, shall apply to this Agreement as if they were expressly incorporated in this Agreement with any necessary modifications. THIS AGREEMENT has been duly executed and delivered as a Deed deed on the date stated at the beginning of this Agreement. BORROWERS SCHEDULE LENDERS Lender Lending Office Bank of Scotland plc. New Uberior House 00-00 Xxxx Xxxx Street Edinburgh EH3 9BN Scotland Dexia Bank Belgium XX/XX Xxxxxxxxxxx 00 X-0000 Xxxxxxxx Xxxxxxx Natixis 00-00 Xxxx xx xx Xxxxx 00000 Xxxxx Xxxxxx EXECUTION PAGES BORROWER EXECUTED and DELIVERED as a DEED ) by EMPIRE SPIRIT LTDPARAGON SHIPPING INC. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised ) attorney-in-fact in the presence of: ) GUARANTORS EXECUTED and DELIVERED as a DEED ) by INDEPENDENT TRADER LTD. IMPERATOR I MARITIME ) COMPANY ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised ) attorney-in-fact in the presence of: ) EXECUTED and DELIVERED as a DEED ) by TRIATHLON INCCANYON I NAVIGATION CORP. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised ) attorney-in-fact in the presence of: ) LENDERS EXECUTED and DELIVERED as a DEED ) by SOLEIL TRUST INCBANK OF SCOTLAND PLC. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised ) attorney-in-fact in the presence of: ) EXECUTED and DELIVERED as a DEED ) by JUNGLE INVESTMENT LIMITED DEXIA BANK BELGIUM SA/NV ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised ) attorney-in-fact in the presence of: ) EXECUTED and DELIVERED as a DEED ) by NORTHERN YIELD SHIPPING LIMITED NATIXIS ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised ) attorney-in-fact in the presence of: ) LENDER AGENT EXECUTED and DELIVERED as a DEED ) by DnB NOR BANK ASA OF SCOTLAND PLC. ) acting by XXXXX XXXXX ) /s/ XXXXX XXXXX its duly authorised ) attorney-in-fact in the presence of: ) Witness to all SECURITY TRUSTEE EXECUTED and DELIVERED as a DEED ) BANK OF SCOTLAND PLC. ) acting by ) its duly authorised ) attorney-in-fact in the above presence of: ) SignaturesMANDATED LEAD ARRANGER EXECUTED and DELIVERED as a DEED ) by BANK OF SCOTLAND PLC. ) acting by ) its duly authorised ) attorney-in-fact in the presence of: RONAN LE DU ) /s/ RONAN LE DU NameUNDERWRITER EXECUTED and DELIVERED as a DEED ) by BANK OF SCOTLAND PLC. ) acting by ) its duly authorised ) attorney-in-fact in the presence of: Ince & Co Address) PART A FORM OF AMENDED AND RESTATED LOAN AGREEMENT MARKED TO INDICATE AMENDMENTS TO THE LOAN AGREEMENT Amendments are indicated as follows: Xxxx Xxxxxxx 001 additions are indicated by underlined text; and 2 deletions are shown by strike-00 Xxxxxxx 000 00 Xxxxxx 22 We on this 14 day of March, 2008 hereby confirm and acknowledge that we have read and understood the terms and conditions of the above Second Supplemental Agreement and agree in all respects to the same and confirm that the Finance Documents to which we are a party shall remain in full force and effect and shall continue to stand as security for the obligations of the Borrowers under the Loan Agreement (as amended by the Second Supplemental Agreement) and shall, without limitation, secure the Loan (as increased or to be increased by the amount of Tranche E)through text. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of XXXXXX FINANCE INC. QUINTA TRADING CO. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of DREW INTERNATIONAL INC. REINA PROPERTIES CORP. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of STEALTHGAS INC. BALKAN HOLDING INC. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of BALCAN PROFIT LIMITED EVOLUTION CRUDE INC.PART B FORM OF CLEAN VERSION AMENDED AND RESTATED LOAN AGREEMENT APPENDIX 2 FORM OF MORTGAGE ADDENDUM
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Incorporation of the Loan Agreement provisions. The provisions of clause 30 (Law and Jurisdiction) of the Loan Agreement, as amended and supplemented by this Agreement, shall apply to this Agreement as if they were expressly incorporated in this Agreement with any necessary modifications. THIS AGREEMENT has been duly executed as a Deed on the date stated at the beginning of this Agreement. BORROWERS EXECUTED as a DEED ) by EMPIRE SPIRIT LTD. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by INDEPENDENT TRADER LTD. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by TRIATHLON INC. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by SOLEIL TRUST INC. ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by JUNGLE INVESTMENT LIMITED ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) EXECUTED as a DEED ) by NORTHERN YIELD SHIPPING LIMITED ) acting by Xxxxxx Xxxxxxx ) /s/ Xxxxxx Xxxxxxx its duly authorised attorney-in-fact ) LENDER EXECUTED as a DEED ) by DnB NOR BANK ASA ) acting by XXXXX XXXXX ) /s/ XXXXX XXXXX its duly authorised attorney-in-fact ) Witness to all the above ) Signatures: ) Name: RONAN LE DU ) /s/ RONAN LE DU NameDÛ Address: Ince & Co Address: Xxxx Xxxxxxx 00-00 Xxxxxxx 000 00 Xxxxxx 22 We on this 14 30 day of MarchJanuary, 2008 2007 hereby confirm and acknowledge that we have read and understood the terms and conditions of the above Second Supplemental Agreement and agree in all respects to the same and confirm that the Finance Documents to which we are a party shall remain in full force and effect and shall continue to stand as security for the obligations of the Borrowers under the Loan Agreement (as amended by the Second Supplemental Agreement) and shall, without limitation, secure the Loan (as increased or to be increased by the amount of Tranche ED), and we further acknowledge that Xxxxxxx & Co of Xxx Xxxxx Xxxx, London EC2V 8AE, England have been appointed as agent to receive and accept any process or other document relating to any proceedings in the English courts which are connected with the Loan Agreement and the Finance Documents. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of XXXXXX FINANCE INC. QUINTA TRADING CO. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of DREW INTERNATIONAL INC. REINA PROPERTIES CORP. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of STEALTHGAS INC. BALKAN HOLDING INC. /s/ Xxxxxx Xxxxxxx /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx For and on behalf of For and on behalf of BALCAN PROFIT LIMITED EVOLUTION CRUDE INCDRAWDOWN NOTICE To: DnB NOR BANK ASA 00 Xx Xxxxxxx’x Xxxx, London EC3R 8HY Attention: 30th, January 2007 DRAWDOWN NOTICE 1 We refer to the loan agreement dated 5 December 2005 (as supplemented and amended by a supplemental agreement dated 27 February 2006 and a second supplemental agreement dated January 2007 the “Loan Agreement”) and made between us as Borrowers and you as Lender in connection with a loan facility of $84,317,500. Terms defined in the Loan Agreement have their defined meanings when used in this Drawdown Notice.
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