Repurchase PlanRepurchase Plan • April 8th, 2010 • Navios Maritime Holdings Inc. • Deep sea foreign transportation of freight
Repurchase Plan, dated April 8, 2010 (this “Repurchase Plan”), among Navios Maritime Holdings Inc., a Marshall Islands corporation (“Navios Maritime”), Amadeus Maritime S.A., a Panama corporation (“Amadeus” and, together with Navios Maritime, the “Purchasers”), Navios Maritime Acquisition Corporation, a Marshall Islands corporation (the “Issuer”), and J. P. Morgan Securities Inc. (“JPMSI”).
AMENDMENT TO BUYBACK AGREEMENT AND ASSUMPTION AGREEMENTBuyback Agreement • April 8th, 2010 • Navios Maritime Holdings Inc. • Deep sea foreign transportation of freight
This AMENDMENT TO BUYBACK AGREEMENT AND ASSUMPTION AGREEMENT (this “Amendment”), dated as of April 8, 2010, is made by and among Navios Maritime Acquisition Corporation, a Marshall Islands corporation (“Navios Acquisition”), Amadeus Maritime S.A., a Panama corporation (“Amadeus”), J.P. Morgan Securities Inc. (“JPMorgan”), Deutsche Bank Securities Inc. (“Deutsche Bank”, and together with Navios Acquisition, Amadeus and JPMorgan, the “Original Parties”) and Navios Maritime Holdings Inc., a Marshall Islands corporation (“Navios Maritime”), and amends the Buyback Agreement (the “Agreement”) entered into among the Original Parties on June 25, 2008. Capitalized terms used and not otherwise defined in this Amendment shall have the meanings given them in the Agreement.
AMENDMENT TO CO-INVESTMENT SHARE SUBSCRIPTION AGREEMENT AND ASSUMPTION AGREEMENTInvestment Share Subscription Agreement and Assumption Agreement • April 8th, 2010 • Navios Maritime Holdings Inc. • Deep sea foreign transportation of freight
This AMENDMENT TO CO-INVESTMENT SHARE SUBSCRIPTION AGREEMENT AND ASSUMPTION AGREEMENT (this “Amendment”), dated as of April 8, 2010, is made by and among Navios Maritime Acquisition Corporation, a Marshall Islands corporation (“Navios Acquisition”), Amadeus Maritime S.A., a Panama corporation (“Amadeus”, and together with Navios Acquisition, the “Original Parties”) and Navios Maritime Holdings Inc., a Marshall Islands corporation (“Navios Maritime”), and amends the Co-Investment Share Subscription Agreement (the “Agreement”) entered into among the Original Parties on June 25, 2008. Capitalized terms used and not otherwise defined in this Amendment shall have the meanings given them in the Agreement.
EXHIBIT A JOINT FILING AGREEMENT PURSUANT TO RULE 13D-1(k)Joint Filing Agreement • April 8th, 2010 • Navios Maritime Holdings Inc. • Deep sea foreign transportation of freight
The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to this statement on Schedule 13D shall be filed on behalf of each of the undersigned without the necessity of filing additional joint acquisition statements. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning him or it contained therein, but shall not be responsible for the completeness and accuracy of the information concerning the others, except to the extent that he or it knows or has reason to believe that such information is inaccurate.
