AMENDMENT NO. 1 TO SENIOR SECURED TERM CREDIT FACILITY AGREEMENTSenior Secured Term Credit Facility Agreement • June 18th, 2010 • Top Ships Inc. • Deep sea foreign transportation of freight • New York
THIS AMENDMENT NO. 1 TO SENIOR SECURED TERM CREDIT FACILITY AGREEMENT (this "Amendment") is made as of the 11th day of May, 2009, and amends and is supplemental to that certain senior secured term credit facility agreement dated as of November 8, 2007 (the "Credit Facility Agreement"), and is by and among (1) JEKE SHIPPING COMPANY LIMITED, a corporation organized and existing under the laws of the Republic of Liberia, NOIR SHIPPING S.A., a corporation organized and existing under the laws of the Republic of the Marshall Islands and AMALFI SHIPPING COMPANY LIMITED, a corporation organized and existing under the laws of the Republic of the Marshall Islands, as joint and several borrowers (together the "Borrowers" and each a "Borrower"), (2) the banks and financial institutions listed on Schedule 1 thereto, as lenders (together with any bank or financial institution which becomes a Lender pursuant to Section 10 thereof, the "Lenders") and (3) HSH NORDBANK AG ("HSH"), as mandated lead arra
AMENDMENT NO. 1 to CREDIT FACILITY PROVIDING FOR A SENIOR SECURED TERM LOAN OF UP TO US$121,286,500 TO BE MADE AVAILABLE TO WARHOL SHIPPING COMPANY LIMITED, INDIANA R SHIPPING COMPANY LIMITED, AND BRITTO SHIPPING COMPANY LIMITED, as joint and several...Credit Facility Agreement • June 18th, 2010 • Top Ships Inc. • Deep sea foreign transportation of freight • New York
THIS AMENDMENT NO. 1 TO SENIOR SECURED TERM CREDIT FACILITY AGREEMENT (this "Amendment") is made as of the 11th day of May, 2009, and amends and is supplemental to that certain senior secured term credit facility agreement dated as of October 1, 2008, by and among (1) WARHOL SHIPPING COMPANY LIMITED, INDIANA R SHIPPING COMPANY LIMITED, and BRITTO SHIPPING COMPANY LIMITED, each a corporation organized and existing under the laws of the Republic of Liberia, as joint and several borrowers (together the "Borrowers" and each a "Borrower"), (2) the banks and financial institutions listed on Schedule 1 thereto, as lenders (together with any bank or financial institution which becomes a Lender pursuant to Section 10, the "Lenders") and (3) HSH NORDBANK AG ("HSH"), as mandated lead arranger, underwriter, administrative agent for the Lenders (in such capacity, the "Administrative Agent") and security trustee for the Lenders. Unless otherwise defined herein, the capitalized terms used herein shal
DATED 25 November 2009 JAPAN III SHIPPING COMPANY LIMITED (as borrower) -and- ALPHA BANK A.E. (as lender) THIRD SUPPLEMENTAL AGREEMENT TO SECURED LOAN FACILITY AGREEMENT DATED 17 DECEMBER 2007 AS AMENDED AND SUPPLEMENTED BY A FIRST SUPPLEMENTAL...Third Supplemental Agreement • June 18th, 2010 • Top Ships Inc. • Deep sea foreign transportation of freight
SUPPLEMENTAL TO a secured loan agreement dated 17 December 2007 (the “Original Loan Agreement”) as amended and supplemented by a first supplemental agreement dated 3 April 2009 (the “First Supplemental Agreement”) and as further amended and supplemented by a second supplemental agreement dated 21 May 2009 (the “Second Supplemental Agreement” and together with the First Supplemental Agreement and the Second Supplemental Agreement and as the same may be amended, supplemented, novated and/or replaced from time to time, the “Loan Agreement”) each made between, amongst others, the Borrower, as borrower and the Lender, as lender on the terms and subject to the conditions of which the Lender has agreed to advance to the Bonrower an aggregate amount not exceeding forty eight million Dollars ($48,000,000) (the “Loan”).
DATED 30th July 2009Fourth Supplemental Agreement • June 18th, 2010 • Top Ships Inc. • Deep sea foreign transportation of freight
Clause Page 1 Interpretation 1 2 Amendments to the Principal Agreement 2 3 Representations and warranties 9 4 Security Documents 10 5 Expenses 11 6 Effective Date 11 7 Miscellaneous 13 8 Governing Law 13 Schedule 1 Form of Supplemental Letter 15 Schedule 2 Retention Account Charge 17
EMPORIKI BANK OF GREECE S.A. (as lender) - and - JAPAN I SHIPPING COMPANY LIMITED (as borrower) - and - TOP SHIPS INC (as corporate guarantor)First Supplemental Agreement • June 18th, 2010 • Top Ships Inc. • Deep sea foreign transportation of freight
IS SUPPLEMENTAL to a Loan Agreement dated 5th March, 2008 made between (1) the Bank and (2) the Borrower (the "Principal Agreement"), on the terms and conditions of which the Bank agreed to advance and has advanced to the Borrower a secured floating interest rate term loan facility in the amount of fifty million ($50,000,000) (the "Loan") for the purpose therein specified (the Principal Agreement as hereby amended and/or supplemented and as the same may hereinafter be amended and/or supplemented called the "Loan Agreement").
Date: 27th day of July, 2009 Parties InterpretationTop Ships Inc. • June 18th, 2010 • Deep sea foreign transportation of freight
On the occurrence of any of the events specified below the Lender may, by giving written notice cancel this Agreement and/or demand immediate repayment of the whole outstanding balance of the Loan and all accrued interest, and all costs and expenses and any other moneys due hereunder and the Lender may exercise its rights under any security which it holds:
1 We refer to the loan agreement dated 6 October 2008 (as amended by letters dated 15 January 2009 and 18 March 2009 and as further amended and/or supplemented from time to time, the "Loan Agreement") and made between (1) Banksy Shipping Company...Top Ships Inc. • June 18th, 2010 • Deep sea foreign transportation of freight
DATED 25 NOVEMBER 2009 LICHTENSTEIN SHIPPING COMPANY LIMITED (as borrower) -and- ALPHA BANK A.E. (as lender) THIRD AGREEMENT DATED 3 APRIL 2009 AND A SIDE SUPPLEMENTAL AGREEMENT TO SECURED LOAN FACILITY AGREEMENT DATED 18 AUGUST 2008 AS AMENDED AND...Third Agreement • June 18th, 2010 • Top Ships Inc. • Deep sea foreign transportation of freight
SUPPLEMENTAL TO a secured loan agreement dated 18 August 2008, as amended and supplemented by a first supplemental agreement dated 23 February 2009 (the "First Supplemental Agreement"), as further amended and supplemented by a second supplemental agreement dated 3 April 2009 (the "Second Supplemental Agreement") and a side letter dated 2 July 2009, and as the same may be amended, supplemented, novated and/or replaced from time to time (the "Original Loan Agreement") each made between, amongst others, the Borrower, as borrower, and the Lender, as lender, on the terms and subject to the conditions of which the Lender has agreed to advance to the Borrower an aggregate amount not exceeding thirty nine million Dollars ($39,000,000) (the "Loan").
JAPAN III SHIPPING COMPANY LIMITED (as borrower) -and- LICHTENSTEIN SHIPPING COMPANY LIMITED (as collateral guarantor) -and- ALPHA BANK A.E. (as lender) SECOND SUPPLEMENTAL AGREEMENT TO A SECURED LOAN FACILITY AGREEMENT DATED 17 DECEMBER 2007 AS...Supplemental Agreement • June 18th, 2010 • Top Ships Inc. • Deep sea foreign transportation of freight
SUPPLEMENTAL TO a secured loan agreement dated 17 December 2007 (the "Original Agreement") as amended and supplemented by a first supplemental agreement dated 3 April 2009 (the "First Supplemental" and together with the Original Agreement, the "Loan Agreement") both made, among others, between the Borrower, as borrower and the Lender, as lender on the terms and subject to the conditions of which the Lender has agreed to advance to the Borrower an aggregate amount not exceeding forty eight million Dollars ($48,000,000) (the "Loan").
