| (1) |
EUROSEAS LTD a company incorporated under the laws of the Marshall Islands, (the “Borrower”) and
|
| (2) |
COLBY TRADING LTD, a company incorporated under the laws of the Marshall Islands (as “Lender”).
|
| (A) |
By a loan facility dated 30 September 2019 as supplemented by a First Supplemental Agreement dated 20th December 2019 (as from time to time amended or supplemented, the “Loan”) and made between (i) the Borrower and (ii) the Lender, the Lender agreed to make available to the Borrower a loan facility of $2,500,000 for the purpose of financing the special survey and water
ballasting treatment (“WBT”) plant installation of my Akinanda Bridge which is owned by a subsidiary of the Borrower and providing working capital financing on the terms and conditions contained therein.
|
| (B) |
Whereas the Borrower has requested (the “Request”) that the Lender agrees to defer payment of the first repayment instalment in the amount of
US$625,000 (which was originally due on 31 March 2020) to be repaid on 15 May 2020.
|
| (C) |
This Second Supplemental Agreement sets out the terms and conditions on which the Lender agrees to:
|
| (i) |
the Borrower’s Request; and
|
| (ii) |
the consequential amendments to the Loan.
|
| 1 |
DEFINITIONS
|
| 1.1 |
Defined Expressions
|
| 2 |
REPRESENTATIONS AND WARRANTIES
|
| 2.1 |
Repetition of Loan representations
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| 2.2 |
Further representations and warranties
|
| (a) |
it has all power to enter into and perform its obligations under this Second Supplemental Agreement;
|
| (b) |
all consents, licences, approvals and authorizations required in connection with this Second Supplemental Agreement and the transactions contemplated hereby and thereby have been obtained
and are in full force and effect; and
|
| (c) |
no action, suit, proceeding or litigation is presently taking place or pending or, to its knowledge, is threatened against the Borrower which if adversely determined would result to a
Material Adverse Effect on the Borrower;
|
| 3 |
AGREEMENT OF THE LENDER
|
| 3.1 |
Agreement of the Lender
|
| (a) |
the Request; and
|
| (b) |
the amendments/variations to the Loan referred to in Article 5.
|
| 4 |
CONDITIONS
|
| 4.1 |
Conditions precedent
|
| (a) |
in form and substance satisfactory to it and its legal advisors an original of this Second Supplemental Agreement duly executed by the parties hereto; and
|
| (b) |
such legal opinions as the Lender may reasonably require in respect of the matters contained in this Second Supplemental Agreement;
|
| 5 |
VARIATIONS TO LOAN
|
| 5.1 |
Specific amendments to Loan
|
| (a) |
by deleting Article 4.1 and replacing it with the following:
|
| 5.2 |
Loan to remain in full force and effect
|
| (a) |
the amendments to the Loan; and
|
| (b) |
such further or consequential modifications as may be necessary to make the same consistent with, and to give full effect to, the terms of this Second Supplemental Agreement.
|
| 6 |
SUPPLEMENTAL
|
| 6.1 |
Counterparts
|
| 7 |
LAW AND JURISDICTION
|
| 7.1 |
Governing law
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| 7.2 |
Incorporation of the Loan Agreement provisions
|
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BORROWER
|
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SIGNED by Aristides J. Pittas
|
/s/ Aristides J. Pittas
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|
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for and behalf of
|
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EUROSEAS LTD
|
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in the presence of:
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LENDER
|
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SIGNED by Nikolaos Pittas
|
/s/ Nikolaos Pittas
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|
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for and behalf of
|
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COLBY TRADING LTD
|
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in the presence of:
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