does not hereby waive the
preferred status of the Mortgage. If for any reason this Supplement, or any part
hereof, shall be declared invalid or unenforceable for any reason whatsoever,
such invalidity or unenforceability shall not be deemed to affect the validity
or enforceability of the Secured Obligations or the Mortgage, as previously
supplemented and amended, or the remaining portions of this Supplement.
(G) All the terms, provisions, conditions and covenants herein contained
shall be binding upon Owner and on the permitted successors and assigns of
Owner, and shall inure to the benefit of Mortgagee and its successors and
assigns.
(H) This Supplement, and the rights and obligations of the parties hereto,
shall, for all purposes, be construed in accordance with, and governed by, the
laws of the United States, including, without limitation, Chapter 313 of Title
46 of the United States Code, as amended, and to the extent such laws shall not
be applicable, then in accordance with the laws of the State of New York as
applied to contracts made, executed and performed within the State of New York.
(I) The Mortgage, as previously supplemented and amended, and as further
supplemented and amended by this Supplement, may not be changed, modified or
discharged orally but only by an agreement in writing signed by the party
against whom enforcement of any waiver, change, modification or discharge is
sought.
(J) This Supplement may be executed in two or more counterparts, each of
which shall be deemed an original, and all of which shall be deemed one and the
same instrument.
[SIGNATURE PAGE FOLLOWS]
5
IN WITNESS WHEREOF, the parties have caused this Supplement Number 6 to
Preferred Fleet Mortgage to be executed as of the day, month and year first
above written.
OWNER:
RIGDON MARINE CORPORATION
By:
/s/ Larry T. Rigdon
Name:
Larry T. Rigdon
Title:
Chairman/Chief Executive Officer
MORTGAGEE:
BOURBON CAPITAL USA, INC.
By:
/s/ Richard D. Childers
Name:
Richard D. Childers
Title:
President
6
EXHIBIT "A"
TO SUPPLEMENT NO. 6
TO PREFERRED FLEET MORTGAGE
BY
RIGDON MARINE CORPORATION, OWNER
TO
BOURBON CAPITAL USA, INC., MORTGAGEE
Original Vessels:
VESSEL NAME
OFFICIAL NO.
GROSS TONS
NET TONS
ORLEANS
1151394
1702-ITC
529-ITC
BOURBON
1156133
1703-ITC
529-ITC
ROYAL
1159200
1702-ITC
529-ITC
CHARTRES
1160318
1703-ITC
529-ITC
IBERVILLE
1163367
1703-ITC
529-ITC
BIENVILLE
1163970
1708-ITC
529-ITC
CONTI
1166313
1708-ITC
529-ITC
ST. LOUIS
1167668
1708-ITC
529-ITC
TOULOUSE
1169977
1708-ITC
529-ITC
ESPLANADE
1173548
1708-ITC
529-ITC
Vessel Added by Previous Supplements:
VESSEL NAME
OFFICIAL NO.
GROSS TONS
NET TONS
FIRST AND TEN
1195773
1455-ITC
436-ITC
DOUBLE EAGLE
1200748
1455-ITC
436-ITC
TRIPLE PLAY
1203989
1455-ITC
436-ITC
GRAND SLAM
1204678
1455-ITC
436-ITC
SLAM DUNK
1204681
1455-ITC
436-ITC
Vessel Added by This Supplement:
VESSEL NAME
OFFICIAL NO.
GROSS TONS
NET TONS
TOUCHDOWN
1204682
1455-ITC
436-ITC
SUPPLEMENT NUMBER 7
TO PREFERRED FLEET MORTGAGE
THIS SUPPLEMENT NUMBER 7 dated as of June 27th, 2008 to that certain
PREFERRED FLEET MORTGAGE dated December 28, 2005 (this "Supplement") is executed
by and between RIGDON MARINE CORPORATION ("Owner"), a Delaware corporation,
whose address