Common use of ORIGINAL LENDERS Clause in Contracts

ORIGINAL LENDERS. SIGNED by ) ) duly authorised ) for and on behalf of ) BLUE OCEAN INCOME FUND LP ) By: Blue Ocean GP LLC, ) as its General Partner ) in the presence of: ) Witness’ signature: Witness’ name: Witness’ address: ) ) ) GUARANTORS SIGNED by ) duly authorised attorney-in-fact ) for and on behalf of ) TRITON CONTAINERS HOLDINGS LLC ) in the presence of: ) Witness’ signature: ) Witness’ name: ) Witness’ address: ) SIGNED by ) duly authorised attorney-in-fact ) for and on behalf of ) POSEIDON CONTAINERS HOLDINGS LLC ) in the presence of: ) Witness’ signature: ) Witness’ name: ) Witness’ address: ) ORIGINAL LENDERS SIGNED by ) ) duly authorised ) for and on behalf of ) BLUE OCEAN INCOME FUND LP ) By: Blue Ocean GP LLC, ) as its General Partner ) in the presence of: ) Xxxxxxx X. Xxx Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: ) ARJUN XXXXXXX Witness’ address: ) 000 XXXX XXX XXX XXXX, XX 00000 SIGNED by ) duly authorised ) for and on behalf of ) BLUE OCEAN ONSHORE FUND LP ) By: Blue Ocean GP LLC, ) as its General Partner ) Xxxxxxx X. Xxx in the presence of: ) Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: ) ARJUN XXXXXXX Witness’ address: ) 000 XXXX XXX XXX XXXX, XX 00000 SIGNED by ) ) duly authorised ) for and on behalf of ) BLUE OCEAN INVESTMENTS SPC ) for and on behalf of Segregated Portfolio One ) By: EnTrustPermal Partners Offshore LP ) as Investment Advisor ) Xxxxxxx X. Xxx in the presence of: ) Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: ) ARJUN XXXXXXX Witness’ address: ) 000 XXXX XXX XXX XXXX, XX 00000 SIGNED by ) ) duly authorised ) for and on behalf of ) BLUE OCEAN INVESTMENTS SPC ) for and on behalf of Segregated Portfolio Three ) By: EnTrustPermal Partners Offshore LP ) as Investment Advisor ) Xxxxxxx X. Xxx in the presence of: ) Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: ) ARJUN XXXXXXX Witness’ address: ) 000 XXXX XXX XXX XXXX, XX 00000 155 FACILITY AGENT SIGNED by ) ) duly authorised ) for and on behalf of ) /s/ Xxxxxxxx Xxxxxxxx WILMINGTON TRUST, ) Xxxxxxxx Xxxxxxxx NATIONAL ASSOCIATION ) Vice President In the presence of: ) Witness’ signature: ) /s/ Xxxxxx X. Xxxxxxxxxx Witness’ name: ) Xxxxxx X. Xxxxxxxxxx Witness’ address: ) 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000 SECURITY AGENT SIGNED by ) ) duly authorised ) for and on behalf of ) /s/ Xxxxxxxx Xxxxxxxx WILMINGTON TRUST, ) Xxxxxxxx Xxxxxxxx NATIONAL ASSOCIATION ) Vice President in the presence of: ) Witness’ signature: ) /s/ Xxxxxx X. Xxxxxxxxxx Witness’ name: ) Xxxxxx X. Xxxxxxxxxx Witness’ address: ) 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000

Appears in 1 contract

Samples: Junior Facility Agreement (Global Ship Lease, Inc.)

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ORIGINAL LENDERS. SIGNED by ) ) duly authorised ) /s/ Txxxxxxx XXXXXXXX and /s/ Gxxxxxxx XXXXXXX for and on behalf of ) BLUE OCEAN INCOME FUND LP Ship Finance, Head Finance, Ship Finance, Project Manager, CRÉDIT AGRICOLE CORPORATE ) By: Blue Ocean GP LLCHEAD OF SHIPPING COORDINATION SHIPPING COORDINATION AND INVESTMENT BANK, ) as its General Partner SINGAPORE BRANCH ) in the presence of: ) Witness' signature: ) /s/ Oxxxxx Xxxxxxxxx Witness' name: ) Oxxxxx Xxxxxxxxx Witness' address: ) ) ) GUARANTORS 10 Xxxxx xxx Xxxxx Xxxx, XX 00000,00000 Montrouge Cedex SIGNED by ) duly authorised attorney-in-fact ) /s/ Vxxxxx Xxxxxxxxxxx and /s/ Axxxxxx Xxxxx for and on behalf of ) TRITON CONTAINERS HOLDINGS LLC Vxxxxx Xxxxxxxxxxx Axxxxxx Xxxxx HAMBURG COMMERCIAL BANK AG ) SENIOR VICE-PRESIDENT in the presence of: ) Witness’ signature: ) Witness’ name: ) Witness’ address: ) SIGNED by ) duly authorised attorney-in-fact ) for and on behalf of ) POSEIDON CONTAINERS HOLDINGS LLC ) in the presence of: ) Witness’ signature: ) Witness’ name: ) Witness’ address: ) ORIGINAL LENDERS SIGNED by ) ) duly authorised ) for and on behalf of ) BLUE OCEAN INCOME FUND LP ) By: Blue Ocean GP LLC, ) as its General Partner ) in the presence of: ) Xxxxxxx X. Xxx Managing Director, Deputy General Counsel Witness’ ' signature: ) /s/ Arjun Xxxxxxx Nxxxxxx Xxxxxx Witness' name: ) ARJUN XXXXXXX Nxxxxxx Xxxxxx Witness' address: ) 000 XXXX XXX XXX XXXXGxxxxxx-Xxxxxxxxx-Xxxxx 00, XX 00000 Xxxxxxx MANDATED LEAD ARRANGERS SIGNED by ) duly authorised ) for and on behalf of ) BLUE OCEAN ONSHORE FUND LP CRÉDIT AGRICOLE CORPORATE ) By: Blue Ocean GP LLC, AND INVESTMENT BANK ) as its General Partner ) Xxxxxxx X. Xxx in the presence of: ) Managing Director, Deputy General Counsel Witness' signature: ) /s/ Arjun Xxxxxxx Witness' name: ) ARJUN XXXXXXX Witness' address: ) 000 XXXX XXX XXX XXXX, XX 00000 SIGNED by ) ) duly authorised ) for and on behalf of ) BLUE OCEAN INVESTMENTS SPC HAMBURG COMMERCIAL BANK AG ) for and on behalf of Segregated Portfolio One ) By: EnTrustPermal Partners Offshore LP ) as Investment Advisor ) Xxxxxxx X. Xxx in the presence of: ) Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: ) ARJUN XXXXXXX Witness’ address: ) 000 XXXX XXX XXX XXXX, XX 00000 SIGNED by ) ) duly authorised ) for and on behalf of ) BLUE OCEAN INVESTMENTS SPC ) for and on behalf of Segregated Portfolio Three ) By: EnTrustPermal Partners Offshore LP ) as Investment Advisor ) Xxxxxxx X. Xxx in the presence of: ) Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: ) ARJUN XXXXXXX Witness’ address: ) 000 XXXX XXX XXX XXXX, XX 00000 155 FACILITY AGENT SIGNED by ) ) duly authorised ) for and on behalf of ) /s/ Xxxxxxxx Xxxxxxxx WILMINGTON TRUST, ) Xxxxxxxx Xxxxxxxx NATIONAL ASSOCIATION ) Vice President In the presence of: ) Witness’ signature: ) /s/ Xxxxxx X. Xxxxxxxxxx Witness’ name: ) Xxxxxx X. Xxxxxxxxxx Witness’ address: ) 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000 SECURITY AGENT SIGNED by ) ) duly authorised ) for and on behalf of ) /s/ Xxxxxxxx Xxxxxxxx WILMINGTON TRUST, ) Xxxxxxxx Xxxxxxxx NATIONAL ASSOCIATION ) Vice President in the presence of: ) Witness' signature: ) Witness' name: ) Witness' address: ) ACCOUNT BANK SIGNED by ) duly authorised ) /s/ Cxxxxxxxxx XXXXXX and Rxxx XXXXXXX for and on behalf of ) Cxxxxxxxxx XXXXXX Deputy Head of ATM Shipping CRÉDIT AGRICOLE CORPORATE ) Head of ATM Shipping AND INVESTMENT BANK ) in the presence of: ) Witness' signature: ) /s/ Xxxxxx X. Xxxxxxxxxx Rxxxxx XXXXX-XXXXXXXXX Witness' name: ) Xxxxxx X. Xxxxxxxxxx Rxxxxx XXXXX-XXXXXXXXX, Deputy Head of ATM Shipping Witness' address: ) 0000 10 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxxx Xxxxx Xxxx, XX 00000, 00000 Montrouge Cedex FACILITY AGENT SIGNED by ) duly authorised ) /s/ Cxxxxxxxxx XXXXXX and Rxxx XXXXXXX for and on behalf of ) Cxxxxxxxxx XXXXXX Deputy Head of ATM Shipping CRÉDIT AGRICOLE CORPORATE AND ) HEAD OF ATM SHIPPING INVESTMENT BANK ) in the presence of: ) Witness' signature: ) /s/ Rxxxxx XXXXX-XXXXXXXXX Witness' name: ) Rxxxxx XXXXX-XXXXXXXXX, Deputy Head of ATM Shipping Witness' address: ) 10 Xxxxx xxx Xxxxx Xxxx, XX 00000, 00000 Montrouge Cedex SECURITY AGENT SIGNED by ) duly authorised ) /s/ Cxxxxxxxxx XXXXXX and Rxxx XXXXXXX for and on behalf of ) Cxxxxxxxxx XXXXXX Deputy Head of ATM Shipping CRÉDIT AGRICOLE CORPORATE AND ) HEAD OF ATM SHIPPING INVESTMENT BANK ) in the presence of: ) Witness' signature: ) /s/ Rxxxxx XXXXX-XXXXXXXXX Witness' name: ) Rxxxxx XXXXX-XXXXXXXXX, Deputy Head of ATM Shipping Witness' address: ) 10 Xxxxx xxx Xxxxx Xxxx, XX 00000, 00000 Montrouge Cedex APPENDIX FORM OF AMENDED AND RESTATED FACILITY AGREEMENT (MARKED TO INDICATE AMENDMENTS) Amendments are indicated as follows: 1 additions are indicated by underlined text in blue; 2 deletions are shown by strike-through text in red; and 3 moved wording is indicated by underlined text in green.

Appears in 1 contract

Samples: Restatement Agreement (Grindrod Shipping Holdings Ltd.)

ORIGINAL LENDERS. SIGNED by Xxxxxxxxxx Xxxxxxxxx ) duly authorised ) for and on behalf of ) BLUE OCEAN ONSHORE FUND LP ) /s/ Charikleia Mavromati By: Blue Ocean GP LLC ) as its General Partner ) in the presence of: ) Witness’ signature: ) Witness’ name: Xxxxxxxxx Xxxxxxxxxxxx ) /s/ Xxxxxxxxx Xxxxxxxxxxxx Xxxxxxx’ address: ) ATTORNEY-AT-LAW XXXXXX XXXXXX & XXXXXXXX GREECE 000 XXXXXXX XXXXXX 17674 KALLITHEA ATHENS GREECE SIGNED by Xxxxxxxxxx Xxxxxxxxx ) duly authorised ) for and on behalf of ) BLUE OCEAN 1839 FUND LP ) /s/ Charikleia Mavromati By: Blue Ocean GP LLC ) as its General Partner ) in the presence of: ) Witness’ signature: ) Witness’ name: Xxxxxxxxx Xxxxxxxxxxxx ) /s/ Xxxxxxxxx Xxxxxxxxxxxx Xxxxxxx’ address: ) ATTORNEY-AT-LAW XXXXXX XXXXXX & XXXXXXXX GREECE 000 XXXXXXX XXXXXX 17674 KALLITHEA ATHENS GREECE SIGNED by Xxxxxxxxxx Xxxxxxxxx ) duly authorised ) for and on behalf of ) BLUE OCEAN INCOME FUND LP ) /s/ Charikleia Mavromati By: Blue Ocean GP LLC, LLC ) as its General Partner ) in the presence of: ) Witness’ signature: ) Witness’ name: WitnessXxxxxxxxx Xxxxxxxxxxxx ) /s/ Xxxxxxxxx Xxxxxxxxxxxx Xxxxxxx’ address: ) ) ) GUARANTORS ATTORNEY-AT-LAW XXXXXX XXXXXX & XXXXXXXX GREECE 000 XXXXXXX XXXXXX 17674 KALLITHEA ATHENS GREECE SIGNED by Xxxxxxxxxx Xxxxxxxxx ) duly authorised attorney-in-fact ) for and on behalf of ) TRITON CONTAINERS HOLDINGS LLC ENTRUST GLOBAL ICAV ) for and on behalf of ) /s/ Xxxxxxxxxx Xxxxxxxxx BLUE OCEAN FUND ) By: EnTrust Global Partners Offshore LP ) as its Investment Advisor ) in the presence of: ) Witness’ signature: ) Witness’ name: Xxxxxxxxx Xxxxxxxxxxxx ) Witness/s/ Xxxxxxxxx Xxxxxxxxxxxx Xxxxxxx’ address: ) ATTORNEY-AT-LAW XXXXXX XXXXXX & XXXXXXXX GREECE 000 XXXXXXX XXXXXX 17674 KALLITHEA ATHENS GREECE SIGNED by Xxxxxxxxxx Xxxxxxxxx ) duly authorised attorney-in-fact ) for and on behalf of ) POSEIDON CONTAINERS HOLDINGS LLC BLUE OCEAN INVESTMENTS SPC ) /s/ Charikleia Mavromati for and on behalf of ) SEGREGATED PORTFOLIO ONE ) By: EnTrust Global Partners Offshore LP ) as its Investment Advisor ) in the presence of: ) Witness’ signature: ) Witness’ name: Xxxxxxxxx Xxxxxxxxxxxx ) Witness/s/ Xxxxxxxxx Xxxxxxxxxxxx Xxxxxxxaddress: address ) ORIGINAL LENDERS ATTORNEY-AT-LAW XXXXXX XXXXXX & XXXXXXXX GREECE 000 XXXXXXX XXXXXX 17674 KALLITHEA ATHENS GREECE SIGNED by ) Xxxxxxxxxx Xxxxxxxxx ) duly authorised ) for and on behalf of ) BLUE OCEAN INCOME FUND II LP ) /s/ Charikleia Mavromati By: Blue Ocean GP LLC, LLC ) as its General Partner ) in the presence of: ) Xxxxxxx X. Xxx Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: Xxxxxxxxx Xxxxxxxxxxxx ) ARJUN XXXXXXX Witness/s/ Xxxxxxxxx Xxxxxxxxxxxx Xxxxxxx’ address: ) ATTORNEY-AT-LAW XXXXXX XXXXXX & XXXXXXXX GREECE 000 XXXX XXX XXX XXXX, XX 00000 XXXXXXX XXXXXX 17674 KALLITHEA ATHENS GREECE SIGNED by Xxxxxxxxxx Xxxxxxxxx ) duly authorised ) for and on behalf of ) BLUE OCEAN ONSHORE OFFSHORE MASTER ) /s/ Charikleia Mavromati FUND LP I LLC ) By: Blue Ocean GP LLC, EnTrust Global Partners Offshore LP ) as its General Partner Investment Advisor ) Xxxxxxx X. Xxx in the presence of: ) Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: Xxxxxxxxx Xxxxxxxxxxxx ) ARJUN XXXXXXX Witness/s/ Xxxxxxxxx Xxxxxxxxxxxx Xxxxxxx’ address: ) ATTORNEY-AT-LAW XXXXXX XXXXXX & XXXXXXXX GREECE 000 XXXX XXX XXX XXXX, XX 00000 XXXXXXX XXXXXX 17674 KALLITHEA ATHENS GREECE SIGNED by ) Xxxxxxxxxx Xxxxxxxxx ) duly authorised ) for and on behalf of ) BLUE OCEAN INVESTMENTS SPC IDF SERIES OF THE SALI ) for and on behalf of Segregated Portfolio One ) /s/ Charikleia Mavromati MULTI-SERIES FUND, L.P. By: EnTrustPermal EnTrust Global Partners Offshore LP ) as its Investment Advisor Subadvisor ) Xxxxxxx X. Xxx in the presence of: ) Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: ) ARJUN XXXXXXX Witness’ address: ) 000 XXXX XXX XXX XXXX, XX 00000 SIGNED by ) ) duly authorised ) for and on behalf of ) BLUE OCEAN INVESTMENTS SPC ) for and on behalf of Segregated Portfolio Three ) By: EnTrustPermal Partners Offshore LP ) as Investment Advisor ) Xxxxxxx X. Xxx in the presence of: ) Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: ) ARJUN XXXXXXX Witness’ address: ) 000 XXXX XXX XXX XXXX, XX 00000 155 FACILITY AGENT SIGNED by ) ) duly authorised ) for and on behalf of ) /s/ Xxxxxxxx Xxxxxxxx WILMINGTON TRUST, ) Xxxxxxxx Xxxxxxxx NATIONAL ASSOCIATION ) Vice President In the presence of: ) Witness’ signature: ) /s/ Xxxxxx X. Xxxxxxxxxx Witness’ name: ) Xxxxxx X. Xxxxxxxxxx Witness’ address: ) 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000 SECURITY AGENT SIGNED by ) ) duly authorised ) for and on behalf of ) /s/ Xxxxxxxx Xxxxxxxx WILMINGTON TRUST, ) Xxxxxxxx Xxxxxxxx NATIONAL ASSOCIATION ) Vice President in the presence of: ) Witness’ signature: ) /s/ Xxxxxx X. Xxxxxxxxxx Witness’ name: Xxxxxxxxx Xxxxxxxxxxxx ) Xxxxxx X. /s/ Xxxxxxxxx Xxxxxxxxxxxx Xxxxxxx’ address: ) ATTORNEY-AT-LAW XXXXXX XXXXXX & XXXXXXXX GREECE 000 XXXXXXX XXXXXX 17674 KALLITHEA ATHENS GREECE SIGNED by Xxxxxxxxxx Xxxxxxxxx ) duly authorised ) for and on behalf of ) BO FR SPV I LP ) /s/ Charikleia Mavromati By: EnTrust Global Ltd. ) as its Investment Manager ) in the presence of: ) Witness’ signature: ) Witness’ name: Xxxxxxxxx Xxxxxxxxxxxx ) /s/ Xxxxxxxxx Xxxxxxxxxxxx Xxxxxxx’ address: ) ATTORNEY-AT-LAW XXXXXX XXXXXX & XXXXXXXX GREECE 000 XXXXXXX XXXXXX 17674 KALLITHEA ATHENS GREECE FACILITY AGENT SIGNED by XXXXXXXX-XXX XXXXXXXXXXXXXX ) duly authorised ) for and on behalf of ) XXXXX AGENCY SERVICES LIMITED ) /s/ STEFANOS – XXX XXXXXXXXXXXXXX in the presence of: ) Witness’ signature: ) Witness’ name: XXXXXXX XXXXXXXXXXXXXX ) /s/ XXXXXXX XXXXXXXXXXXXXX Witness’ address: ) 0000 Xxxxx Xxxxxx Xxxxxx000 XXXXXXX XXX. 00000 XXXXXXXXX ATHENS, XxxxxxxxxxGREECE SECURITY AGENT SIGNED by XXXXXXXX-XXX XXXXXXXXXXXXXX ) duly authorised ) for and on behalf of ) /S/ XXXXXXXX – XXX XXXXXXXXXXXXXX XXXXX TRUSTEE SERVICES LIMITED ) in the presence of: ) Witness’ signature: ) Witness’ name: XXXXXXX XXXXXXXXXXXXXX ) /S/ XXXXXXX XXXXXXXXXXXXXX Witness’ address: ) 000 XXXXXXX XXX. 00000 XXXXXXXXX ATHENS, XX 00000GREECE

Appears in 1 contract

Samples: Second Supplemental Agreement (United Maritime Corp)

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ORIGINAL LENDERS. SIGNED by ) Xxxxxxxx Xxxxx ) duly authorised ) for and on behalf of ) BLUE OCEAN INCOME ONSHORE FUND LP ) /s/ Xxxxxxxx Xxxxx By: Blue Ocean GP LLC, LLC ) as its General Partner ) in the presence of: ) Witness’ signature: Witness’ name: Witness’ address: ) ) ) GUARANTORS SIGNED by ) duly authorised attorney-in-fact ) for and on behalf of ) TRITON CONTAINERS HOLDINGS LLC ) in the presence of: ) Witness’ signature: ) Witness’ name: ) /s/ Xxxxxxxx Xxxxxxxxxx Witness’ address: ) ATTORNEY-AT-LAW XXXXXX XXXXXX XXXXXXXX 000 XXXXXXX XXXXXX KALLITHEA 176 74 ATHENS-GREECE SIGNED by Xxxxxxxx Xxxxx ) duly authorised attorney-in-fact ) for and on behalf of ) POSEIDON CONTAINERS HOLDINGS BLUE OCEAN 1839 FUND LP ) /s/ Xxxxxxxx Emiri By: Blue Ocean GP LLC ) as its General Partner ) in the presence of: ) Witness’ signature: ) Witness’ name: Xxxxxxxx Xxxxxxxxxx ) /s/ Xxxxxxxx Xxxxxxxxxx Witness’ address: ) ORIGINAL LENDERS ATTORNEY-AT-LAW XXXXXX XXXXXX XXXXXXXX 000 XXXXXXX XXXXXX KALLITHEA 176 74 ATHENS-GREECE 20 SIGNED by ) Xxxxxxxx Xxxxx ) duly authorised ) for and on behalf of ) BLUE OCEAN INCOME FUND LP ) /s/ Xxxxxxxx Xxxxx By: Blue Ocean GP LLC, LLC ) as its General Partner ) in the presence of: ) Xxxxxxx X. Xxx Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: Xxxxxxxx Xxxxxxxxxx ) ARJUN XXXXXXX /s/ Xxxxxxxx Xxxxxxxxxx Witness’ address: ) ATTORNEY-AT-LAW XXXXXX XXXXXX XXXXXXXX 000 XXXX XXX XXX XXXX, XX 00000 XXXXXXX XXXXXX KALLITHEA 176 74 ATHENS-GREECE SIGNED by Xxxxxxxx Xxxxx ) duly authorised ) for and on behalf of ) ENTRUST GLOBAL ICAV ) for and on behalf of ) /s/ Xxxxxxxx Xxxxx BLUE OCEAN ONSHORE FUND LP ) By: Blue Ocean GP LLC, EnTrust Global Partners Offshore LP ) as its General Partner Investment Advisor ) Xxxxxxx X. Xxx in the presence of: ) Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: Xxxxxxxx Xxxxxxxxxx ) ARJUN XXXXXXX /s/ Xxxxxxxx Xxxxxxxxxx Witness’ address: ) ATTORNEY-AT-LAW XXXXXX XXXXXX XXXXXXXX 000 XXXX XXX XXX XXXX, XX 00000 XXXXXXX XXXXXX KALLITHEA 176 74 ATHENS-GREECE SIGNED by ) Xxxxxxxx Xxxxx ) duly authorised ) for and on behalf of ) BLUE OCEAN INVESTMENTS SPC ) for and on behalf of Segregated Portfolio One ) /s/ Xxxxxxxx Xxxxx SEGREGATED PORTFOLIO ONE ) By: EnTrustPermal EnTrust Global Partners Offshore LP ) as its Investment Advisor ) Xxxxxxx X. Xxx in the presence of: ) Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: Xxxxxxxx Xxxxxxxxxx ) ARJUN XXXXXXX /s/ Xxxxxxxx Xxxxxxxxxx Witness’ address: ) ATTORNEY-AT-LAW XXXXXX XXXXXX XXXXXXXX 000 XXXX XXX XXX XXXX, XX 00000 XXXXXXX XXXXXX KALLITHEA 176 74 ATHENS-GREECE SIGNED by ) Xxxxxxxx Xxxxx ) duly authorised ) for and on behalf of ) BLUE OCEAN INVESTMENTS SPC INCOME FUND II LP ) /s/ Xxxxxxxx Xxxxx By: Blue Ocean GP LLC ) as its General Partner ) in the presence of: ) Witness’ signature: ) Witness’ name: Xxxxxxxx Xxxxxxxxxx ) /s/ Xxxxxxxx Xxxxxxxxxx Witness’ address: ) XXXXXX XXXXXX XXXXXXXX 000 XXXXXXX XXXXXX KALLITHEA 176 74 ATHENS-GREECE SIGNED by Xxxxxxxx Xxxxx ) duly authorised ) for and on behalf of Segregated Portfolio Three ) BLUE OCEAN OFFSHORE MASTER ) FUND I LLC ) /s/ Xxxxxxxx Xxxxx By: EnTrustPermal EnTrust Global Partners Offshore LP ) as its Investment Advisor ) Xxxxxxx X. Xxx in the presence of: ) Managing Director, Deputy General Counsel Witness’ signature: ) /s/ Arjun Xxxxxxx Witness’ name: Xxxxxxxx Xxxxxxxxxx ) ARJUN XXXXXXX /s/ Xxxxxxxx Xxxxxxxxxx Witness’ address: ) XXXXXX XXXXXX XXXXXXXX 000 XXXX XXX XXX XXXXXXXXXXX XXXXXX KALLITHEA 176 74 ATHENS-GREECE SIGNED by Xxxxxxxx Xxxxx ) duly authorised ) for and on behalf of ) BLUE OCEAN IDF SERIES OF THE SALI ) /s/ Xxxxxxxx Xxxxx MULTI-SERIES FUND, XX 00000 155 L.P. By: EnTrust Global Partners Offshore LP ) as its Investment Subadvisor ) in the presence of: ) Witness’ signature: ) Witness’ name: Xxxxxxxx Xxxxxxxxxx ) /s/ Xxxxxxxx Xxxxxxxxxx Witness’ address: ) XXXXXX XXXXXX XXXXXXXX 000 XXXXXXX XXXXXX KALLITHEA 176 74 ATHENS-GREECE SIGNED by Xxxxxxxx Xxxxx ) duly authorised ) for and on behalf of ) BO FR SPV I LP ) /s/ Xxxxxxxx Xxxxx By: EnTrust Global Ltd. ) as its Investment Manager ) in the presence of: ) Witness’ signature: ) Witness’ name: Xxxxxxxx Xxxxxxxxxx ) /s/ Xxxxxxxx Xxxxxxxxxx Witness’ address: ) ATTORNEY-AT-LAW XXXXXX XXXXXX XXXXXXXX 000 XXXXXXX XXXXXX KALLITHEA 176 74 ATHENS-GREECE FACILITY AGENT SIGNED by ) Xxxxx-Xxxxxxxx Xxxxx ) duly authorised ) for and on behalf of ) /s/ Xxxxx-Xxxxxxxx Xxxxxxxx WILMINGTON TRUST, Xxxxx XXXXX AGENCY SERVICES LIMITED ) Xxxxxxxx Xxxxxxxx NATIONAL ASSOCIATION ) Vice President In in the presence of: ) Witness’ signature: ) /s/ Xxxxxx X. Xxxxxxxxxx Witness’ name: Xxxxxxxx Xxxxxxxxxx ) Xxxxxx X. /s/ Xxxxxxxx Xxxxxxxxxx Witness’ address: ) 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000 ATTORNEY-AT-LAW XXXXXX XXXXXX XXXXXXXX 000 XXXXXXX XXXXXX KALLITHEA 176 74 ATHENS-GREECE SECURITY AGENT SIGNED by ) Xxxxx-Xxxxxxxx Xxxxx ) duly authorised ) for and on behalf of ) /s/ Xxxxx-Xxxxxxxx Xxxxxxxx WILMINGTON TRUST, Xxxxx XXXXX TRUSTEE SERVICES LIMITED ) Xxxxxxxx Xxxxxxxx NATIONAL ASSOCIATION ) Vice President in the presence of: ) Witness’ signature: ) /s/ Xxxxxx X. Xxxxxxxxxx Witness’ name: Xxxxxxxx Xxxxxxxxxx ) Xxxxxx X. /s/ Xxxxxxxx Xxxxxxxxxx Witness’ address: ) 0000 Xxxxx Xxxxxx XxxxxxATTORNEY-AT-LAW XXXXXX XXXXXX XXXXXXXX 000 XXXXXXX XXXXXX KALLITHEA 176 74 ATHENS-GREECE COUNTERSIGNED this 30 day of January 2023 for and on behalf of each of the following Approved Managers which, Xxxxxxxxxxby its execution hereof, XX 00000confirms and acknowledges that it has read and understood the terms and conditions of this Deed, 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 Borrowers under the Facility Agreement and the other Finance Documents (each as amended and restated and/or supplemented by this Deed). /s/ Xxxxxxxxx Xxxxxxxxx By: Xxxxxxxxx Xxxxxxxxx for and on behalf of SEANERGY MANAGEMENT CORP. its President as Approved Commercial Manager /s/ Xxxxxxxxx Xxxxxxxxx By: Xxxxxxxxx Xxxxxxxxx for and on behalf of UNITED MANAGEMENT CORP. its President as Approved Commercial Manager /s/ Xxxxxxxxx Xxxxxxxxx By: Xxxxxxxxx Xxxxxxxxx for and on behalf of SEANERGY SHIPMANAGEMENT its President as Approved Technical Manager APPENDIX FORM OF AMENDED AND RESTATED FACILITY AGREEMENT Facility agreement dated 8 August 2022 as amended and supplemented by a supplemental agreement dated 26 October 2022, a second supplemental agreement dated 21 December 2022 and as further amended and restated by a deed of accession, amendment and restatement dated 30 January 2023 US$63,600,000 TERM LOAN FACILITY MINOANSEA MARITIME CO. EPANASTASEA MARITIME CO. GOOD MARITIME CO. TRADERS MARITIME CO. as joint and several Borrowers and UNITED MARITIME CORPORATION as Guarantor and KROLL AGENCY SERVICES LIMITED as Facility Agent and KROLL TRUSTEE SERVICES LIMITED as Security Agent AMENDED AND RESTATED FACILITY AGREEMENT relating (originally) to (a) partially financing the acquisition of m.ts “PAROSEA”, “BLUESEA” “MINOANSEA” and “EPANASTASEA” and (b) the refinancing of m.vs. “GOODSHIP” and “TRADERSHIP” Index Clause Page Section 1 Interpretation 4 1 Definitions and Interpretation 4 Section 2 The Facility 33 2 The Facility 33 3 Purpose 33 4 Conditions of Utilisation 34 Section 3 Utilisation 36 5 Utilisation 36 Section 4 Repayment, Prepayment and Cancellation 38 6 Repayment 38 7 Prepayment and Cancellation 39 Section 5 Costs of Utilisation 43 8 Interest 43 9 Interest Periods 43 10 Fees 44 Section 6 Additional Payment Obligations 46 11 Tax Gross Up and Indemnities 46 12 Increased Costs 50 13 Other Indemnities 52 14 Mitigation by the Finance Parties 55 15 Costs and Expenses 55 Section 7 Guarantee and Joint and Several Liability of the Borrowers 57 16 Guarantee and Indemnity 57 17 Joint and Several Liability of the Borrowers 60 Section 8 Representations, Undertakings and Events of Default 62 18 Representations 62 19 Most Favoured Nation 69 20 Information Undertakings 69 21 Purchase Agreement and MOA Undertakings 73 22 General Undertakings 74 23 Insurance Undertakings 81 24 Ship Undertakings 86 25 Valuations 92 26 Earnings Account and Application of Earnings 93 27 Events of Default 94 Section 9 Changes to Parties 100 28 Changes to the Lenders 100 29 Changes to the Transaction Obligors 105 Section 10 The Finance Parties 106 30 The Facility Agent 106 31 Amounts paid in error 117 32 The Security Agent 117 33 Conduct of Business by the Finance Parties 133 34 Sharing among the Finance Parties 133 Section 11 Administration 136 35 Payment Mechanics 136 36 Set-Off 139 37 Bail-In 139 38 Notices 139 39 Calculations and Certificates 142 40 Partial Invalidity 142 41 Remedies and Waivers 142 42 Settlement or Discharge Conditional 142 43 Irrevocable Payment 142 44 Amendments and Waivers 143 45 Confidential Information 145 46 Counterparts 148 Section 12 Governing Law and Enforcement 149 47 Governing Law 149 48 Enforcement 149 49 Patriot Act Notice 149 Schedules Schedule 1 The Parties 151 Part A The Obligors 151 Part B The Original Lenders 153 Part C The Servicing Parties 156 Schedule 2 Conditions Precedent 157 Part A Conditions precedent to Initial Utilisation Request 157 Part B Conditions precedent to Utilisation 159 Part C Conditions precedent to Release of Allocated Amounts 161 Schedule 3 Requests 163 Schedule 4 Form of Transfer Certificate 165 Schedule 5 Form of Assignment Agreement 167 Schedule 6 Details of the Ships 170 Schedule 7 Timetables 172 Execution Execution Pages 173 THIS AGREEMENT is made on 8 August 2022 as amended and restated on the Effective Date by the Deed of Accession, Amendment and Restatement

Appears in 1 contract

Samples: Facility Agreement (United Maritime Corp)

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