AMENDMENT NO. 1 AND WAIVER AGREEMENT1 and Waiver Agreement • February 9th, 2016 • Rand Logistics, Inc. • Water transportation • New York
THIS AMENDMENT NO. 1 AND WAIVER AGREEMENT (this “Agreement”) is made and entered into as of February 9, 2016, by and among LOWER LAKES TOWING LTD., a Canadian corporation, LOWER LAKES TRANSPORTATION COMPANY, a Delaware corporation, GRAND RIVER NAVIGATION COMPANY, INC., a Delaware corporation, and BLACK CREEK SHIPPING COMPANY, INC., a Delaware corporation (collectively, the “Borrowers”), the other Credit Parties signatory hereto, BANK OF AMERICA, N.A., as agent (in such capacity, the “Agent”) and documentation agent for the several financial institutions from time to time party to the Credit Agreement (as defined below) (collectively, the “Lenders” and individually, a “Lender”) and for itself as a Lender, and such Lenders.
THIRD AMENDMENT AND WAIVER UNDER TERM LOAN CREDIT AGREEMENTUnder Term Loan Credit Agreement • February 9th, 2016 • Rand Logistics, Inc. • Water transportation
THIS THIRD AMENDMENT AND WAIVER UNDER TERM LOAN CREDIT AGREEMENT (this “Waiver”), dated as of February 9, 2016, is entered into by and among LOWER LAKES TOWING LTD., a Canadian corporation, GRAND RIVER NAVIGATION COMPANY, INC., a Delaware corporation, BLACK CREEK SHIPPING COMPANY, INC., a Delaware corporation, the other Credit Parties signatory thereto, are referred to hereinafter each individually, as a “Credit Party”, and individually and collectively, jointly and severally, as the “Credit Parties”), the lenders identified on the signature pages hereof (such lenders, and the other lenders party to the below-defined Credit Agreement, together with their respective successors and permitted assigns, each individually, a “Lender”, and collectively, the “Lenders”), and GUGGENHEIM CORPORATE FUNDING, LLC (in its individual capacity, “Guggenheim”) as Agent, as Collateral Agent, and as Co-Arranger (in such capacity, is referred to hereinafter as “Agent”), and in light of the following:
