CERTIFICATION AND INDEMNIFICATION AGREEMENT REGARDING ENVIRONMENTAL MATTERSCertification and Indemnification Agreement • June 1st, 2010 • Omega Protein Corp • Fats & oils
THIS INDEMNITY AGREEMENT is entered into this 25th day of May, 2010, between Omega Protein, Inc., 2105 City West Blvd., Suite 500, Houston, Texas 77042, (hereinafter, the “Borrower”), Omega Protein Corporation, 2105 CityWest Blvd., Suite 500, Houston, Texas 77042, (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 • June 1st, 2010 • Omega Protein Corp • Fats & oils • Virginia
This Security Agreement (hereinafter, the “Agreement”), made between Omega Protein, Inc., (hereinafter, the “Borrower”), whose address is 2105 City West Blvd., Suite 500, Houston, Texas 77042 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”).
FIRST PREFERRED SHIP MORTGAGE TO THE UNITED STATES OF AMERICAOmega Protein Corp • June 1st, 2010 • Fats & oils
THIS MORTGAGE, dated the 25th day of May, 2010, by Omega Protein, Inc., owning 100%, (the “Mortgagor/Owner”), a Virginia Corporation, doing business at 2105 City West Blvd., Suite 500, Houston, Texas, 77042, to the UNITED STATES OF AMERICA (the “Mortgagee”), acting by and through the Secretary of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Financial Services Division, F/MB5, 1315 East-West Highway, Silver Spring, MD 20910.
GUARANTY AGREEMENTGuaranty Agreement • June 1st, 2010 • Omega Protein Corp • Fats & oils
RECITALS: THIS GUARANTY AGREEMENT, is made and entered into by Omega Protein Corporation, 2105 CityWest Blvd., Suite 500, Houston, Texas 77042, (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”).
Case No. FF-G-017BTitle Xi Financial Agreement • June 1st, 2010 • Omega Protein Corp • Fats & oils • Virginia
THIS TITLE XI FINANCIAL AGREEMENT (hereinafter, the “Financial Agreement”), dated May 25, 2010, 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”),
CORRECTION DEED OF TRUST DATED AS OF MARCH 11, 2010 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 AMERICATrust and Security Agreement • June 1st, 2010 • Omega Protein Corp • Fats & oils
rate of 5.73% per year, payment to be made in installments of Two hundred forty nine thousand five hundred forty nine ($249,549.00) each, including principal and interest, payable quarterly. Payments shall be due on August 25, November 25, February 25, and May 25 of each year until sixty (60) quarterly payments are made with the balance of principal and interest due on May 25, 2025.
SUBORDINATION AGREEMENTSubordination Agreement • June 1st, 2010 • Omega Protein Corp • Fats & oils
THIS SUBORDINATION AGREEMENT, made as of the 11th day of March, 2010, by and between WELLS FARGO BANK, N. A. (“Wells Fargo”), party of the first part, and THE UNITED STATES OF AMERICA, acting by and through the Secretary of Commerce, its successors and assigns as their interest may appear, Office of the Financial Services Division, National Marine Fisheries Service, National Oceanic and Atmospheric Administration (the “Government”), party of the second part.
ContractOmega Protein Corp • June 1st, 2010 • Fats & oils
This letter amends an approval and agreement letter executed by the Fisheries Finance Program on December 1, 2005, and amended on September 14, 2006, approving in principle a $16,442,000 loan to Omega Protein, Inc. (the “Company”). This letter approves the second portion of the loan (the “Second Tranche”). Under the Agreement each disbursement will require the Company’s issuance of a separate promissory note to the United States of America. The Company now requests a disbursement in the amount of $10,000,000 (the “Second Tranche”).
