Date 27 January 2011 CLAREMONT SHIPPING CORP. and YORKSHIRE SHIPPING CORP. as joint and several Borrowers - and - TBS INTERNATIONAL LIMITED as Guarantor - and - TBS INTERNATIONAL PUBLIC LIMITED COMPANY as New Guarantor - and - CREDIT SUISSE AG as LenderSupplemental Agreement • January 31st, 2011 • TBS International PLC • Deep sea foreign transportation of freight
Date 27 January 2011 GRAINGER MARITIME CORP. as Borrower - and - TBS INTERNATIONAL LIMITED as Guarantor 1 - and - TBS WORLDWIDE SERVICES INC. as Guarantor 2 - and - TBS HOLDINGS LIMITED as Guarantor 3 - and - TBS INTERNATIONAL PUBLIC LIMITED COMPANY...Supplemental Agreement • January 31st, 2011 • TBS International PLC • Deep sea foreign transportation of freight
Rushmore Shipping LLCTBS International PLC • January 31st, 2011 • Deep sea foreign transportation of freight
RE: Bareboat Charter Party dated as of January 24, 2007 (as amended and supplemented, the “Charter”) among Rushmore Shipping LLC as Owner (the “Owner”), Beekman Shipping Corp. as Charterer (the “Charterer”), and the Guarantors named therein in respect of the Panamanian registered and Philippines bareboat registered LAGUNA BELLE
Adirondack Shipping LLCTBS International PLC • January 31st, 2011 • Deep sea foreign transportation of freight
RE: Bareboat Charter Party dated as of January 24, 2007 (as amended and supplemented, the “Charter”) among Adirondack Shipping LLC as Owner (the “Owner”), Fairfax Shipping Corp. as Charterer (the “Charterer”), and the Guarantors named therein in respect of the Panamanian registered and Philippines bareboat registered SEMINOLE PRINCESS
Dated: as of January 27, 2011 BEDFORD MARITIME CORP. BRIGHTON MARITIME CORP. HARI MARITIME CORP. PROSPECT NAVIGATION CORP. HANCOCK NAVIGATION CORP COLUMBUS MARITIME CORP. and WHITEHALL MARINE TRANSPORT CORP. as joint and several Borrowers TBS...Fifth Amendatory Agreement • January 31st, 2011 • TBS International PLC • Deep sea foreign transportation of freight • New York
WHEREAS, the Borrowers, the Guarantors, the Lender, the Facility Agent, the Security Trustee, the Swap Banks and others are parties to a Loan Agreement dated as of January 16, 2008, as amended by a First Amendatory Agreement dated as of March 23, 2009, a Second Amendatory Agreement dated as of December 31, 2009, a Third Amendatory Agreement dated as of January 11, 2010 and a Fourth Amendatory Agreement dated as of April 30, 2010 (as so amended, the “Loan Agreement”).
Date 27 January 2011 ARGYLE MARITIME CORP. CATON MARITIME CORP. DORCHESTER MARITIME CORP. LONGWOODS MARITIME CORP. McHENRY MARITIME CORP. SUNSWYCK MARITIME CORP. as Joint and Several Borrowers — and — THE BANKS AND FINANCIAL INSTITUTIONS listed in...Loan Agreement • January 31st, 2011 • TBS International PLC • Deep sea foreign transportation of freight
ISDAÒ International Swaps and Derivatives Association, Inc. FIFTH AMENDMENT dated as of January 28, 2011 to the 2002 Master Agreement and Schedule to the Master AgreementForbearance Agreement • January 31st, 2011 • TBS International PLC • Deep sea foreign transportation of freight • New York
have previously entered into that certain ISDA Master Agreement dated as of June 28, 2005 and the subsequent Amendments to the ISDA Master Agreement (collectively called the “Agreement”), which Agreement includes the Schedule and all Confirmations exchanged between the parties confirming the Transactions (or Swap Transactions) thereunder. The parties have now agreed to amend the Agreement by this Fifth Amendment (this “Fifth Amendment”).
INVESTMENT AGREEMENT by and among TBS International plc, Joseph E. Royce, Gregg L. McNelis, and Lawrence A. Blatte Dated January 25, 2011Investment Agreement • January 31st, 2011 • TBS International PLC • Deep sea foreign transportation of freight • New York
Now, therefore, in consideration of the mutual promises and covenants set forth below and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties hereto agree as follows:
FOURTH AMENDMENT TO LOAN AGREEMENT by and among AMOROS MARITIME CORP., LANCASTER MARITIME CORP. AND CHATHAM MARITIME CORP., as Borrowers, SHERWOOD SHIPPING CORP. TBS INTERNATIONAL LIMITED AND TBS HOLDINGS LIMITED as Guarantors, TBS INTERNATIONAL...Loan Agreement • January 31st, 2011 • TBS International PLC • Deep sea foreign transportation of freight
THIS FOURTH AMENDMENT TO LOAN AGREEMENT (this “Fourth Amendment”) is made and entered into this 27th day of January, 2011, by and among Amoros Maritime Corp., Lancaster Maritime Corp. and Chatham Maritime Corp., each a Marshall Islands corporation having a mailing address of P.O. Box HM 2522, Hamilton HMGX, Bermuda and a registered address of Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands MH96960 (the “Borrowers”; each, a “Borrower”), TBS International Limited, a Bermuda corporation whose tax domicile is in Ireland (“TBSIL Guarantor”), Sherwood Shipping Corp. (“Sherwood”), TBS Holdings Limited, a Bermuda company (“Bermuda Holdco”), TBS International public limited Company, an Irish public limited company (“Parent Guarantor”) and AIG Commercial Equipment Finance, Inc., a Delaware corporation (together with its successors and assigns, “Lender”). Unless specifically defined in this Fourth Amendment, capitalized terms not used in this Fourth Amendment shall
