exhibit43835eta20140407v







Exhibit 4.38      CERTAIN MATERIAL (INDICATED BY THREE ASTERISKS) HAS BEEN OMITTED FROM THIS   DOCUMENT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED   MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE   COMMISSION.   *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   HN\1522356.1                           (2014)   Amendment Agreement   Related to contract ETA-V.MOGAS-1 dated 18-11-2010   Vitol Mogas      Between      EuroTank Amsterdam BV      And      Vitol SA     





 







   *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   HN\1522356.1      THIS AMENDMENT AGREEMENT is made 07 April 2014      BETWEEN:      1. EuroTank Amsterdam BV., a company incorporated under the laws of The   Netherlands with a registered office at Van Riebeeckhavenweg 9, 1041 AD   Amsterdam, The Netherlands (“ETA”); and      2. Vitol SA., a company incorporated under the laws of Switzerland with a registered   office at Boulevard du Pont d’Arve 28, 1205 Geneva, Switzerland; (“Principal”)       together the “Parties”.      (A) The Parties entered into a contract ETA-V.MOGAS-1 dated 18-11-2010       (the   “Agreement”) relating to Gasoline products storage and handling.   (B) The Parties now wish to amend the terms of the Agreement as detailed below.      The Parties hereby agree as follows:      1. DEFINITIONS AND INTERPRETATION      Words and expressions defined in the Agreement shall have the same meanings in   this Amendment Agreement.      2. AMENDMENT OF THE AGREEMENT       The Parties hereby agree to amend the Agreement with effect from 1 January 2014 as   follows:    (a) By adjusting the rates in article 9 a-h with *** % as agreed in article 16.   Article 9 a-h is replaced by:      a. Tank rental        € ***    per cubic meter (M3) of shell capacity per month or part thereof      Tank rental rate includes:     - Delivery from seagoing vessel and barge (min parcel size 500Mt)     - Redelivery into seagoing vessel and barge (min parcel size 500Mt)   - Storage during the period    - Standard customs documentation on ship’s departure at terminal   (B/L,AAD, T1, timesheet and document receipt)   - *** free throughputs in M3 shell capacity per period of ***.      - Free pumping over within these contractual tanks up to *** free              throughputs in M3 shell capacity per period of ***.      





 







   *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   HN\1522356.1      b. Additional Throughput Surcharge, per M3 at 15 CD      Throughput         € ***   Charged at the end of each Calendar year on the difference, expressed in   M3 at 15 CD between the actual throughput and the free throughputs   mentioned in paragraph 9 a.         c. Surcharge for pumping over ex shore tank into shore tank, per M3 at 15   CD    Throughput over 4 times       € ***   Charged at the end of each Calendar year on the difference, expressed in   M3 at 15 CD between the actual pumping over and the free pumping   overs mentioned in paragraph 9 a.      d. Handling of additives                                 € ***   Charged per event (batch)   No storage facilities at the company for additives   In case of support of third party, these costs will be charged to the Client   plus ***%      e. Butanization Surcharge   Charged per metric ton of Butane injected (excl butane and nitrogen cost) € ***      f. Nitrogen surcharge   Charged per M3 of Nitrogen injected (excluding nitrogen cost)  € ***      g. Board-a-board Surcharge (BaB)       € ***   Using one or more unloading equipment (ETA berths and lines) including   connection and disconnection, supervision with a minimum quantity of ***   Mt per parcel, per M3               





 







   *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   HN\1522356.1   h. Additional services    a. First document of every month     € ***   b. Second and more document that month    € ***   Supply of e.g. Certificate of Origin, EUR1, Form A, INF3, ATR          3. AGREEMENT REMAINS IN FORCE      The Parties confirm that the Agreement shall continue in full force and effect as   modified in accordance with the terms of this Amendment Agreement.      4. ENTIRE AGREEMENT      This Amendment Agreement-rates 2014 and the Agreement (as amended by this   Amendment Agreement) together constitute the entire and only agreement between   the Parties relating to Contract ETA-V.MOGAS-1 dated 18-11-2010 and supersede   any previous agreement whether written or oral between the Parties relating to the   subject matter hereof and thereof. The Agreement and this Amendment Agreement   shall be read and construed as one.         Executed by the Parties in 2 originals on 15 January 2014:         By EuroTank Amsterdam BV.   By Vitol SA         /s/ Jaap Koomen    /s/ David Fransen