recordation no. w242-a filed holland knight surface transportation … · 2019. 12. 5. · surface...

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Holland & Knight 800 17th Street N.W., Suite 1100 I Washington, DC 20006 I T 202.955.3000 I F 202.955.5564 Holland & Knight LLP I www.hklaw.com Gerald A. Morrissey Ill +1 202-469-5497 [email protected] December 5, 2019 Via E-Filing Chief, Section of Administration Office of Proceedings Surface Transportation Board 395 E Street SW Washington, DC 20024 Dear Section Chief: Enclosed for recordation with the Surface Transportation Board ("STB"), pursuant to 49 U.S.C. § 1130l(a), is a Memorandum of Partial Release of Vessel from Memorandum of Charter and Financing Agreement, dated as of December 5, 2019 (the "Memorandum"), a secondary document as defined under to 49 U.S.C. § 11301 and 49 C.F.R. § 1177 et seq. We request that the Memorandum be given the next available recordation number under W242. The names and addresses of the parties to the Memorandum are as follows: Lessor/Owner: Mizuho America Leasing LLC 1251 Avenue of the Americas New York, NY 10020 Attention: Lease Operation Lessee/Charterer: East Side River Brokerage Company, Inc. 15 Bronze Pointe Swansea, Illinois 62226 A description of the equipment covered by the Memorandum follows: Anchorage I Atlanta I Austin I Boston I Charlotte I Chicago I Dallas I Denver I Fort Lauderdale I Houston I Jacksonville Lakeland i Los Angeles I Miami I New York I Orlando I Philadelphia I Portland I San Francisco I Stamford I Tallahassee I Tampa Tysons I Washington, D.C. I West Palm Beach Bogota I London I Mexico City RECORDATION NO. W242-A FILED December 5, 2019 3:10 PM SURFACE TRANSPORTATION BOARD

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Page 1: RECORDATION NO. W242-A FILED Holland Knight SURFACE TRANSPORTATION … · 2019. 12. 5. · Surface Transportation Board 395 E Street SW Washington, DC 20024 Dear Section Chief: Enclosed

Holland & Knight 800 17th Street N.W., Suite 1100 I Washington, DC 20006 I T 202.955.3000 I F 202.955.5564

Holland & Knight LLP I www.hklaw.com

Gerald A. Morrissey Ill +1 202-469-5497

[email protected]

December 5, 2019

Via E-Filing

Chief, Section of Administration Office of Proceedings Surface Transportation Board 395 E Street SW Washington, DC 20024

Dear Section Chief:

Enclosed for recordation with the Surface Transportation Board ("STB"), pursuant to 49 U.S.C. § 1130l(a), is a Memorandum of Partial Release of Vessel from Memorandum of Charter and Financing Agreement, dated as of December 5, 2019 (the "Memorandum"), a secondary document as defined under to 49 U.S.C. § 11301 and 49 C.F.R. § 1177 et seq. We request that the Memorandum be given the next available recordation number under W242.

The names and addresses of the parties to the Memorandum are as follows:

Lessor/Owner:

Mizuho America Leasing LLC 1251 A venue of the Americas New York, NY 10020 Attention: Lease Operation

Lessee/Charterer:

East Side River Brokerage Company, Inc. 15 Bronze Pointe Swansea, Illinois 62226

A description of the equipment covered by the Memorandum follows:

Anchorage I Atlanta I Austin I Boston I Charlotte I Chicago I Dallas I Denver I Fort Lauderdale I Houston I Jacksonville

Lakeland i Los Angeles I Miami I New York I Orlando I Philadelphia I Portland I San Francisco I Stamford I Tallahassee I Tampa Tysons I Washington, D.C. I West Palm Beach

Bogota I London I Mexico City

RECORDATION NO. W242-A FILED December 5, 2019 3:10 PM SURFACE TRANSPORTATION BOARD

Page 2: RECORDATION NO. W242-A FILED Holland Knight SURFACE TRANSPORTATION … · 2019. 12. 5. · Surface Transportation Board 395 E Street SW Washington, DC 20024 Dear Section Chief: Enclosed

December 5, 2019 Page 2

The Memorandum of Partial Release of a Vessel from Memorandum of Charter and Financing Agreement covers the vessel LTD 11140, Official Number 1233977, together with any and all appurtenances thereto.

A short summary of the document to appear in the index follows:

Memorandum of Partial Release of a Vessel from Memorandum of Charter and Financing Agreement, dated as of December 5, 2019 by and between Mizuho America Leasing LLC and East Side River Brokerage Company, Inc. covering the release of one vessel LTD 11140, Official Number 1233977.

Thee-filing fee was submitted through an STB payment form.

Please contact me if you have any questions or concerns with the foregoing.

Sincerely,

HOLLAND & KNIGHT LLP

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Page 3: RECORDATION NO. W242-A FILED Holland Knight SURFACE TRANSPORTATION … · 2019. 12. 5. · Surface Transportation Board 395 E Street SW Washington, DC 20024 Dear Section Chief: Enclosed

Execution Version

MEMORANDUM OF PARTIAL RELEASE OF VESSEL FROM MEMORANDUM OF CHARTER AND FINANCING AGREEMENT

THIS MEMORANDUM OF PARTIAL RELEASE OF VESSEL FROM MEMORANDUM OF CHARTER AND FINANCING AGREEMENT (the "Memorandum”) is made and entered into as of December 5, 2019, by and between MIZUHO AMERICA LEASING LLC, a New York limited liability company, having its principal place of business at 1251 Avenue of the Americas, New York, New York 10020 (hereinafter, together with its successors and assigns, “Owner”), and EAST SIDE RIVER BROKERAGE COMPANY, INC., an Illinois corporation, having its principal place of business at 15 Bronze Pointe, Swansea, Illinois 62226 (“Charterer”).

WITNESSETH:

WHEREAS, Owner and Charterer are parties to that certain Memorandum of Bareboat Charter and Security Agreement dated as of December 5, 2017 with respect to 54 barges described in Exhibit A thereto (the “Original Memorandum”), pertaining to that certain Bareboat Charter dated as of December 5, 2017 (the “Agreement”).

WHEREAS, the Original Memorandum was recorded as a primary document with the Surface Transportation Board (“STB”) on December 5, 2017 at 11:56 AM under Water Recordation No. W242; and

WHEREAS, the Owner has agreed to release a the vessel LTD 11140, Official Number 1233977, from the lien of the Agreement, and the vessel is no longer subject to the Agreement or the Original Memorandum.

NOW THEREFORE, the Owner wishes to update the public record to reflect the following:

1. This Memorandum serves as notice that the vessel LTD 11140, Official Number 1233977 (the “Released Vessel”) has been released from the lien of the Agreement and the Original Memorandum and the Agreement and the Original Memorandum are terminated as to the Released Vessel except for the provisions of the Agreement that may survive release and termination. The partial release and termination is effective only with respect to the Released Vessel and not as to any other vessels subject to the Agreement or the Original Memorandum.

2. The Owner wishes to record this Memorandum with respect to the Released Vessel, but not as to any of the other 53 vessels subject to the Agreement or the Original Memorandum.

Signature page follows

RECORDATION NO. W242-A FILED December 5, 2019 3:10 PM SURFACE TRANSPORTATION BOARD

Page 4: RECORDATION NO. W242-A FILED Holland Knight SURFACE TRANSPORTATION … · 2019. 12. 5. · Surface Transportation Board 395 E Street SW Washington, DC 20024 Dear Section Chief: Enclosed

IN WITNESS WHEREOF, the Owner has caused this Memorandum to be duly executed by its officer duly authorized as of the date and year first above written (and the undersigned declares under penalty of perjury that he or she holds the title indicated below and that the execution of this Memorandum was the free act and deed of the Owner).

OWNER MIZUHO AMERICA LEASING LLC

By: ~/:J?--Name: Richard Burke Its: President

STATE ofNEW YORK )

) ss:

COUNTY OF NEW YORK )

On this i -tfa.'y of December 2019, before me personally came Richard Burke to me personally known, who being duly sworn, says that he is President of Mizuho America Leasing LLC, a New York limited liability company, (the "Company"), that the foregoing instrument was signed on behalf of said Company by authority of its Board of Directors or limited liability company Managers, as applicable, and he acknowledges that the execution of the foregoing instrument was the free act and deed of said Company.

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