106
11.23
Flag Jurisdiction Transfer
107
11.24
Acknowledgement and Consent to Bail-In
107
11.25
German Resident Secured Creditor.
107
11.26
Amendment and Restatement
108
SCHEDULE I-A
-
Term Loan Commitments
SCHEDULE I-B
-
Revolving Loan Commitments
SCHEDULE II
-
Lender Addresses
SCHEDULE III
-
Subsidiaries
SCHEDULE IV-A
-
Required Insurance
SCHEDULE IV-B
-
Collateral Vessel Insurance
SCHEDULE V
-
ERISA
SCHEDULE VI
-
Collateral Vessels
SCHEDULE VII
-
Notice Addresses
SCHEDULE VIII
-
Financial Indebtedness
SCHEDULE IX
-
Disqualified Lenders
SCHEDULE X-A
-
Scheduled Repayments -Term Loans
SCHEDULE X-B
-
Scheduled Reductions - Revolving Loans
EXHIBIT A
-
Form of Notice of Borrowing
EXHIBIT B-1
-
Form of Term Note
EXHIBIT B-2
-
Form of Revolving Note
EXHIBIT C
-
Form of Guaranty
EXHIBIT D-1
-
Form of Marshall Islands Collateral Vessel Mortgage
EXHIBIT D-2
-
Form of Liberian Collateral Vessel Mortgage
EXHIBIT E
-
Form of Pledge Agreement
EXHIBIT F
-
Form of Assignment of Insurances
EXHIBIT G
-
Form of Assignment of Earnings
EXHIBIT H
-
Form of Assignment of Charter
EXHIBIT I-1
-
Form of Compliance Certificate
EXHIBIT I-2
-
Form of Collateral Maintenance Ratio Certificate
EXHIBIT J
-
Form of Subordination Provisions
EXHIBIT K
-
Form of Assignment and Assumption Agreement
(iv)
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TABLE OF CONTENTS
(continued)
Page
EXHIBIT L
-
Form of Solvency Certificate
EXHIBIT M
-
Form of Assignment of Hedging Agreement
EXHIBIT N
-
Form of Account Security Agreement
(v)
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AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT, dated as of August 14,
2018 and amended and restated as of June 11, 2020, among GENCO SHIPPING &
TRADING LIMITED, a company incorporated under the laws of the Republic of the
Marshall Islands (the "Borrower"), the Lenders party hereto from time to time,
CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK ("CACIB"), as Structurer and
Bookrunner, CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK and SKANDINAVISKA
ENSKILDA BANKEN AB (PUBL), as Mandated Lead Arrangers (in such capacity, the
"Mandated Lead Arrangers") and CACIB, as Administrative Agent (in such capacity,
the "Administrative Agent") and as Security Agent under the Security Documents
(in such capacity, the "Security Agent").
All capitalized terms used herein and
defined in Section 1.01 are used herein as therein defined.
W I T N E S S E T H:
WHEREAS, the Borrower, the Administrative Agent, the Security Agent and the
Lenders party thereto are party to that certain Senior Secured Credit Agreement,
dated as of August 14, 2018 (as amended, restated, amended and restated,
supplemented and/or otherwise modified from time to time prior to the date
hereof, the "Original Credit Agreement"), pursuant to which the Lenders party
thereto made loans and commitments to the Borrower as provided therein;
WHEREAS, pursuant to that certain Amendment and Restatement Agreement, dated as
of June 11, 2020 (the "Restatement Agreement"), by and among the Borrower, the
Administrative Agent, the Security Agent and the Lenders party thereto, the
Administrative Agent and the Lenders have agreed, inter alia, to amend and
restate the Original Credit Agreement in its entirety to read