MANDATED LEAD ARRANGER. SIGNED by ) for and on behalf of ) HSH NORDBANK AG ) CO-ARRANGER SIGNED by ) for and on behalf of ) DnB NOR BANK ASA ) FACILITY AGENT SIGNED by ) for and on behalf of ) HSH NORDBANK AG ) SECURITY TRUSTEE SIGNED by ) for and on behalf of ) HSH NORDBANK AG ) Witness to all the ) above signatures ) Name: Address: COUNTERSIGNED this day 30th of June 2010 for and on behalf of the following Security Parties each of which, by its execution hereof, confirms and acknowledges that it has read and understood the terms and conditions of this Second Supplemental Agreement, that it agrees in all respects to the same and that the Finance Documents to which it is a party shall remain in full force and effect and shall continue to stand as security for the obligations of the Borrower under the Loan Agreement and the other Finance Documents. for and on behalf of for and on behalf of BAYMONT ENTERPRISES INCORPORATED FORBES MARITIME CO. for and on behalf of for and on behalf of WIND DANCER SHIPPING INC. BELERION MARITIME CO. for and on behalf of for and on behalf of XXXXXX XXXXXXXXXXX INC. ATLANTAS MARITIME CO.
MANDATED LEAD ARRANGER. SIGNED by XXXXX XXXXX KOSSYFA ) duly authorised ) for and on behalf of ) HAMBURG COMMERCIAL BANK AG ) in the presence of: ) Witness’ signature: ) Witness’ name: ) Witness’ address: ) SECURITY TRUSTEE SIGNED by XXXXX ELENI KOSSYFA ) duly authorised ) for and on behalf of ) HAMBURG COMMERCIAL BANK AG ) in the presence of: ) Witness’ signature: ) Witness’ name: ) Witness’ address: ) Appendix Dated 8 October 2019 as amended and restated on 16 October 2020 LEFKADA SHIPPING CORPORATION as Borrower and THE BANKS AND FINANCIAL INSTITUTIONS as Lenders and HAMBURG COMMERCIAL BANK AG as Agent, Mandated Lead Arranger and Security Trustee LOAN AGREEMENT relating to a senior secured post-delivery term loan facility of (originally) up to US$31,800,000 to provide finance secured on one 2011-built very large crude carrier Clause Page 1 Interpretation 3 2 Facility 22 3 Position of the Lenders 22 4 Drawdown 23 5 Interest 24 6 Interest Periods 26 7 Default Interest 27 8 Repayment and Prepayment 28 9 Conditions Precedent 30 10 Representations and Warranties 31 11 General Undertakings 35 12 Corporate Undertakings 40 13 Insurance 41 14 Ship Covenants 48 15 Security Cover 54 16 Payments and Calculations 56 17 Application of Receipts 58 18 Application of Earnings 59 19 Events of Default 61 20 Fees and Expenses 67 21 Indemnities 68 22 No Set-Off or Tax Deduction 71 23 Illegality, etc. 74 24 Increased Costs 74 25 Set-Off 76 26 Transfers and Changes in Lending Offices 77 27 Variations and Waivers 82 28 Notices 85 29 Supplemental 87 30 Law and Jurisdiction 88 Schedules Schedule 1 Lenders and Commitments 89 Schedule 2 Drawdown Notice 90 Schedule 3 Condition Precedent Documents 91 Part A 91 Part B 93 Schedule 4 Mandatory Cost Formula 95 Schedule 5 Transfer Certificate 97 Schedule 6 Power of Attorney 101 Schedule 7 Form of Compliance Certificate 102 Schedule 8 Additional Provisions 103 Execution THIS AGREEMENT is made on 8 October 2019 as amended and restated by an amending and restating agreement dated 16 October 2020
MANDATED LEAD ARRANGER. SIGNED by ) for and on behalf of ) HSH NORDBANK AG ) FACILITY AGENT SIGNED by ) for and on behalf of ) HSH NORDBANK AG )
MANDATED LEAD ARRANGER. SIGNED by Xxxxxx Xxxxx Xxxxxxx ) for and on behalf of ) /s/ Xxxxxx Xxxxx Xxxxxxx HSH NORDBANK AG ) CO-ARRANGER SIGNED by Xxxxxx Xxxxx Xxxxxxx ) for and on behalf of ) /s/ Xxxxxx Xxxxx Xxxxxxx DNB BANK ASA ) FACILITY AGENT SIGNED by Xxxxxx Xxxxx Xxxxxxx ) for and on behalf of ) /s/ Xxxxxx Xxxxx Xxxxxxx HSH NORDBANK AG ) SECURITY TRUSTEE SIGNED by Xxxxxx Xxxxx Xxxxxxx ) for and on behalf of ) /s/ Xxxxxx Xxxxx Xxxxxxx HSH NORDBANK AG ) Witness to all the ) above signatures ) /s/ Christofors Bismpikos Name: Christoforos Bismpikos, Solicitor Address: Xxxxxx, Xxxxxx & Xxxxxxxx, 00 Xxxx Xxxxxxx, Xxxxxxx 00000 – Greece COUNTERSIGNED this day 21 of December 2012 for and on behalf of the following Security Parties each of which, by its execution hereof, confirms and acknowledges that it has read and understood the terms and conditions of this Agreement, that it agrees in all respects to the same and that the Finance Documents to which it is a party shall remain in full force and effect and shall continue to stand as security for the obligations of the Borrower under the Loan Agreement and the other Finance Documents. /s/ Xxxxxxxxx Xxxxxxxxxxx /s/ Xxxxxxxxx Xxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxx for and on behalf of for and on behalf of WIND DANCER SHIPPING INC. BELERION MARITIME CO. /s/ Xxxxxxxxx Xxxxxxxxxxx /s/ Xxxxxxxxx Xxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxx for and on behalf of for and on behalf of EPICURUS SHIPPING COMPANY AIAS CARRIERS CORP. /s/ Xxxxxxxxx Xxxxxxxxxxx /s/ Xxxxxxxxx Xxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxx for and on behalf of for and on behalf of MILTIADIS MII CARRIERS CORP. BAYMONT ENTERPRISES INCORPORATED
MANDATED LEAD ARRANGER. Shanghai Pudong Development Bank Co., Ltd., Shanghai Branch
MANDATED LEAD ARRANGER. Xxxxxxx Xxxxx Japan Co., Ltd. (GSJCL) (the Arranger) Bookrunner: GSJCL Facility Agent: GSJCL Lenders: GSJCL and/or other financial institutions selected by GSJCL in consultation with the Borrower (the Lenders). Amount of the Facility: JPY110 billion Availability: One drawing may be made under the Facility on the Closing Date.
MANDATED LEAD ARRANGER. Mandated Lead Arranger as such shall not have any duties or obligations under or in connection with this Agreement. Sections 16.5, 16.6 and 16.8 shall (where relevant) apply for the benefit of Mandated Lead Arranger as if references therein to Agent were references to it.
MANDATED LEAD ARRANGER. The Mandated Lead Arranger shall not have any right, power, obligation, liability, responsibility or duty under this Agreement other than, to the extent it is a Lender or the Administrative Agent, those applicable to all Lenders or the Administrative Agent, as the case may be, as such. Each Lender acknowledges that it has not relied, and will not rely, on the Mandated Lead Arranger in deciding to enter into this Agreement or in taking or not taking action hereunder.
MANDATED LEAD ARRANGER. SIGNED by XXXXXXXXX XXXXXXXXXXXX ) /s/ XXXXXXXXX XXXXXXXXXXXX for and on behalf of ) NORDDEUTSCHE LANDESBANK ) GIROZENTRALE ) BOOKRUNNER SIGNED by XXXXXXXXX XXXXXXXXXXXX ) /s/ XXXXXXXXX XXXXXXXXXXXX for and on behalf of ) NORDDEUTSCHE LANDESBANK ) GIROZENTRALE ) AGENT SIGNED by XXXXXXXXX XXXXXXXXXXXX ) /s/ XXXXXXXXX XXXXXXXXXXXX for and on behalf of ) NORDDEUTSCHE LANDESBANK ) GIROZENTRALE )
MANDATED LEAD ARRANGER. Executed by CRÉDIT INDUSTRIEL ET COMMERCIAL ) acting by /s/ Txxxxx Xxxxxx and /s/ Franęais Guiffart ) duly authorised by CRÉDIT INDUSTRIEL ET COMMERCIAL ) to sign on its behalf, in the presence of: Witness’s Signature: /s/ Philippe Gibon Name: Philippe Gibon Address: 6, xxxxxx xx Xxxxxxxx 00000 Xxxxx Xxxxxx Security Agent Executed by BNP PARIBAS ) acting by /s/ Ixxxx Xxxxxxxxxxx and /s/ Lxxx xx Xxxxx ) duly authorised by BNP PARIBAS ) to sign on its behalf, ) in the presence of: Witness’s Signature: /s/ Txxxxx Xxxx Mefano Name: Txxxxx Xxxx Mefano Address: 37, Px. xx Xxxxxx Xx. Xxxxxx - 00000 Xxxxx - Xxxxxx
