EX-10.12 6 c76356_ex10-12.htm

Exhibit 10.12

 

Private and Confidential

 

Amendment and Restatement Agreement

 

relating to

 

CONFIRMATION MEMORANDUM – SHI HN 1946

 

Between

Gas-three Ltd.

(as Owners)

 

and

 

Methane Services Limited

(as Charterers)

 

17 June 2013

 

SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****).

 

THIS Agreement is dated 17 June 2013 and made between:

 

(1)GAS-three Ltd. (referred to as the “Owners”); and

 

(2)Methane Services Limited (referred to as the “Charterers”) and together with the Owners the “Parties”).

 

IT IS AGREED as follows:

 

Reference is made to the Master Time Charter party and the confirmation memorandum (the “Confirmation Memorandum”) between the Owners and the Charterers dated 9 May 2011.

 

Capitalised terms not otherwise defined herein shall have the meaning ascribed to such terms in the Master Time Charter party.

 

 1Amendment and Restatement

 

1.1With effect from the date hereof, Clause 6, paragraph 4 of the Confirmation Memorandum shall be amended to read as follows:

 

“The ***** for the Vessel shall be United States Dollars ***** per day and shall be *****; each anniversary year shall begin on 1 January 2011.”

 

 2Continuity and Further Assurance

 

2.1Continuing Obligations

 

The provisions of the Master Time Charter party and the Confirmation Memorandum shall, save as amended by this Agreement, continue in full force and effect.

 

The Parties agree that the terms of this Agreement shall be covered by the terms of the Master Time Charter party and the Confirmation Memorandum and based hereon, all clauses of the Master Time Charter party shall apply to this Agreement (mutatis mutandis) as if set out herein.

 

In the event of a conflict between this Agreement and the Master Time Charter Party and/or the Confirmation Memorandum, this Agreement shall prevail.

 

 3Miscellaneous

 

3.1Applicable Law

 

The provisions of Clause 47 (Law and Litigation) of the Master Time Charter Party shall apply mutatis mutandis to this Agreement.

 

3.2Counterparts

 

This Agreement may be executed in any number of counterparts, each of which shall constitute the original.

 

3.3Successors and Assigns

 

This Agreement shall be binding upon the parties and their successors and assignees.

 

SIGNATORY

 

Agreed and signed by the Owners   Agreed and signed by the Charterers  
       
       
Name:   Name:  
Title:   Title:  
Company: GAS-three Ltd.   Company: Methane Services Limited  
Date:   Date: