CERTIFICATION AND INDEMNIFICATION AGREEMENT REGARDING ENVIRONMENTAL MATTERSCertification and Indemnification Agreement • October 21st, 2005 • Omega Protein Corp • Fats & oils
THIS INDEMNITY AGREEMENT is entered into this 17th day of October, 2005, between Omega Protein, Inc., 835 B Pride Drive, Hammond, Louisiana 70401, (hereinafter, the “Borrower”), Omega Protein Corporation, 1717 St. James Place, Suite 550, Houston, Texas 77056, (hereinafter, the “Guarantor”) and the United States of America, acting by and through the Secretary of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Office of Financial Services, Southeast Region, 263 13th Avenue South, St. Petersburg, Florida 33701, (hereinafter, the “Government”); and
SECURITY AGREEMENTSecurity Agreement • October 21st, 2005 • Omega Protein Corp • Fats & oils • Virginia
This Security Agreement (hereinafter, the “Agreement”), made between Omega Protein, Inc., (hereinafter, the “Borrower”), whose address is 835 B Pride Drive, Hammond, Louisiana 70401 and the UNITED STATES OF AMERICA, acting by and through the Secretary of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Financial Services Division, 1315 East-West Highway, Silver Spring, Maryland 20910, which is the Secured Party, (hereinafter the “Government”).
PREFERRED SHIP MORTGAGE TO THE UNITED STATES OF AMERICAOmega Protein Corp • October 21st, 2005 • Fats & oils
DEFINITIONS: All terms contained herein are defined in the Acknowledgment of Definitions executed by all parties to this transaction.
GUARANTY AGREEMENTGuaranty Agreement • October 21st, 2005 • Omega Protein Corp • Fats & oils
RECITALS: THIS GUARANTY AGREEMENT, is made and entered into by Omega Protein Corporation, 1717 St. James Place, Suite 550, Houston, Texas 77056 (hereinafter, the “Guarantor”), and the UNITED STATES OF AMERICA, acting by and through the Secretary of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Financial Services Division (hereinafter, the “Government”).
DEED OF TRUST DATED AS OF OCTOBER 17, 2005 MADE BY OMEGA PROTEIN, INC. TO MATSON C. TERRY, II, OF NORTHUMBERLAND COUNTY, VIRGINIA AND LANCASTER COUNTY, VIRGINIA, TRUSTEES FOR THE BENEFIT OF THE UNITED STATES OF AMERICADeed of Trust • October 21st, 2005 • Omega Protein Corp • Fats & oils • Virginia
Additionally, Grantor does hereby assign, pledge and transfer to the Beneficiary, and grant to the Beneficiary a security interest in any transferable fishing conservation and management allocation (including, but not limited to, allocations, permits, quotas, licenses, cage tags, or any other fisheries access restriction or right, however characterized, of whatsoever nature) affecting, necessary for, or in any other way, however characterized, associated with any of the property included in the collateral, the Grantor agrees to grant to the Beneficiary a full senior security interest in such allocation by whatsoever means deemed by the Beneficiary to be appropriate (including, but not limited to, the Grantor’s execution of security agreements and the filing of financing statements under the UCC), presently owned or
Case No. FF-G-013Financial Agreement • October 21st, 2005 • Omega Protein Corp • Fats & oils • Virginia
THIS TITLE XI FINANCIAL AGREEMENT (hereinafter, the “Financial Agreement”), dated October 17, 2005, is made and entered into by Omega Protein, Inc., (hereinafter, the “Borrower”), Omega Protein Corporation, (hereinafter, the “Guarantor”),1 and the UNITED STATES OF AMERICA acting by and through the Secretary of Commerce, (hereinafter, the “Government”),
