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Commodore Holdings Ltd – ‘10-K’ for 9/30/98 – EX-10.AA

As of:  Tuesday, 12/29/98   ·   For:  9/30/98   ·   Accession #:  950170-98-2423   ·   File #:  0-20961

Previous ‘10-K’:  ‘10-K’ on 12/29/97 for 9/30/97   ·   Next & Latest:  ‘10-K’ on 12/29/99 for 9/30/99

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

12/29/98  Commodore Holdings Ltd            10-K        9/30/98   15:567K                                   Donnelley Fin’l/Miami/FA

Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                         58    315K 
 2: EX-4.F      Instrument Defining the Rights of Security Holders     2     11K 
 9: EX-10.AA    Material Contract                                      5     15K 
10: EX-10.EE    Material Contract                                     18     85K 
11: EX-10.FF    Material Contract                                     10     45K 
12: EX-10.GG    Material Contract                                     27     97K 
13: EX-10.HH    Material Contract                                      9     36K 
 3: EX-10.U     Material Contract                                      8     23K 
 4: EX-10.V     Material Contract                                      9     27K 
 5: EX-10.W     Material Contract                                      1      9K 
 6: EX-10.X     Material Contract                                     17     74K 
 7: EX-10.Y     Material Contract                                     17     75K 
 8: EX-10.Z     Material Contract                                     30    124K 
14: EX-21       Subsidiaries of the Registrant                         1      6K 
15: EX-27       Financial Data Schedule (Pre-XBRL)                     1      8K 


EX-10.AA   —   Material Contract

EX-10.AA1st Page of 5TOCTopPreviousNextBottomJust 1st
 

EXHIBIT 10.aa ASSIGNMENT OF FIRST PRIORITY MORTGAGE OVER M/V ENCHANTED ISLE THIS ASSIGNMENT OF FIRST PRIORITY MORTGAGE OVER M/V ENCHANTED ISLE is executed this 4th day of December, 1998 by MERITA BANK PLC, a Finland corporation ("Merita"), in favor of EFFJOHN INTERNATIONAL CRUISE HOLDINGS, INC., a Cayman Islands corporation ("EffJohn"). RECITALS WHEREAS, by a loan agreement entered into on October 21, 1991, as amended in March 1993, March 1994 and July 1995 (the "EffJohn Loan Agreement"), Merita made available to EffJohn thirty-two million dollars (US$32,000,000); WHEREAS, by a loan agreement dated July 14, 1995 (the "Almira Loan Agreement") by and between EffJohn, Azure Investments, Inc. ("Azure"), Almira Enterprises, Inc. ("Almira"), New Commodore Cruises Lines Limited and Commodore Holdings Limited, EffJohn made available to Azure and Almira twenty-four million five hundred thousand dollars (US$24,500,000); WHEREAS, on July 14, 1995, as security for its obligations under the Almira Loan Agreement, Almira granted EffJohn a first priority Panamanian mortgage in respect of the M/V Enchanted Isle (the "Mortgage"); WHEREAS, on July 14, 1995, as security for its obligations under the EffJohn Loan Agreement, EffJohn assigned its interest in the Mortgage to Merita; WHEREAS, EffJohn has entered into an agreement with Merita to remit payment to Merita for the outstanding indebtedness due under the EffJohn Loan Agreement; and WHEREAS, EffJohn and Merita have agreed to re-assign Merita's interest in the Mortgage to EffJohn by executing this Assignment of the First Priority Mortgage. NOW, THEREFORE, in consideration of EffJohn paying the unpaid balance due under the EffJohn Loan Agreement to Merita, receipt of which is hereby acknowledged, EffJohn and Merita agree as follows: Merita assigns all of its right, title and interest in the Mortgage to EffJohn. Merita agrees to execute such additional documents as may be required by EffJohn to record such assignment in the Panamanian shipping records and Merita and EffJohn hereby appoint the law firm of Galindo, Arias & Lopez to attend to the protocolization and registration of this Assignment of the First Priority Mortgage.
EX-10.AA2nd Page of 5TOC1stPreviousNextBottomJust 2nd
IN WITNESS WHEREOF, EffJohn and Merita have executed this Assignment of First Mortgage over M/V Enchanted Isle as of the date first above written. THIS ASSIGNMENT may be executed in any number of counterparts, all of which shall constitute one and the same instrument. EFFJOHN INTERNATIONAL CRUISE HOLDINGS, INC. By:/S/ THOMAS FORSS ------------------------------------------- Name: THOMAS FORSS Title: DIRECTOR MERITA BANK, PLC By: /S/ KIRSTEN KAARE-JENSEN ------------------------------------------- Name: KIRSTEN KAARE-JENSEN Title: DEPUTY HEAD OF SHIP FINANCING By: /S/ HENNY O'BRIEN ------------------------------------------- Name: HENNY O'BRIEN Title: HEAD OF SHIP FINANCING
EX-10.AA3rd Page of 5TOC1stPreviousNextBottomJust 3rd
NOTARIZATION I, John Saville, Notary Public, duly authorized, admitted and sworn, and practicing in London, DO HEREBY CERTIFY that Kirsten Kaare-Jensen, did sign the foregoing Assignment of First Priority Mortgage and the signature of said Kirsten Kaare-Jensen, appearing thereon is the true and authentic signature of said Kirsten Kaare-Jensen, AND I DO FURTHER CERTIFY that satisfactory and sufficient proof has been produced to me that said Kirsten Kaare-Jensen, is the Deputy Head of Ship Finance of MERITA BANK, PLC and duly authorized and empowered by the said corporation to sign and execute the foregoing Assignment of First Priority Mortgage for and on behalf of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal of office this 4th day of December, 1998. /S/ JOHN SAVILLE --------------------------------------- Notary Public
EX-10.AA4th Page of 5TOC1stPreviousNextBottomJust 4th
NOTARIZATION I, John Saville, Notary Public, duly authorized, admitted and sworn, and practicing in London, DO HEREBY CERTIFY that Henny O'Brien, did sign the foregoing Assignment of First Priority Mortgage and the signature of said Henny O'Brien, appearing thereon is the true and authentic signature of said Henny O'Brien, AND I DO FURTHER CERTIFY that satisfactory and sufficient proof has been produced to me that said Kirsten Kaare-Jensen, is the Head of Ship Finance of MERITA BANK, PLC and duly authorized and empowered by the said corporation to sign and execute the foregoing Assignment of First Priority Mortgage for and on behalf of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal of office this 4th day of December, 1998. /S/ JOHN SAVILLE --------------------------------------- Notary Public
EX-10.AALast Page of 5TOC1stPreviousNextBottomJust 5th
NOTARIZATION I, Jukka Heikkila, Notary Public, duly authorized, admitted and sworn, and practicing in Helsinki, Finland, DO HEREBY CERTIFY that Thomas Forss, did sign the foregoing Assignment of First Priority Mortgage and the signature of said Thomas Forss, appearing thereon is the true and authentic signature of said Thomas Forss, AND I DO FURTHER CERTIFY that satisfactory and sufficient proof has been produced to me that said Thomas Forss, is the Director of EFFJOHN INTERNATIONAL CRUISE HOLDINGS, INC. and duly authorized and empowered by the said corporation to sign and execute the foregoing Assignment of First Priority Mortgage for and on behalf of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal of office this 4th day of December, 1998. /S/ JUKKA HEIKKILA ----------------------------------------- Notary Public

Dates Referenced Herein

Referenced-On Page
This ‘10-K’ Filing    Date First  Last      Other Filings
Filed on:12/29/98None on these Dates
For Period End:9/30/98
7/14/951
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Filing Submission 0000950170-98-002423   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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