INSTRUMENT OF ACCESSION STOCKHOLDERS AGREEMENT
Exhibit 10.9
INSTRUMENT OF ACCESSION
STOCKHOLDERS AGREEMENT
The undersigned, Stockwell Fund, L.P., as a condition precedent to becoming the owner or holder of record of (i) one hundred twenty six thousand five hundred eighty two (126,582) shares of Common Stock, par value $0.01 per share, of H-Lines Holding Corp., a Delaware corporation (the “Company”) and (ii) one million eight hundred ninety eight thousand seven hundred thirty (1,898,730) shares of Series A Redeemable Preferred Stock, par value $0.01 per share, of the Company, hereby agrees to become a “Stockholder” under, a party to, and bound by, that certain Stockholders Agreement dated as of July 7, 2004, by and among the Company and the other parties thereto, as amended, restated, amended and restated, supplemented or otherwise modified through the date hereof. This Instrument of Accession shall take effect and shall become an integral part of said Stockholders Agreement immediately upon execution and delivery to the Company of this Instrument.
IN WITNESS WHEREOF, the undersigned has caused this INSTRUMENT OF ACCESSION to be signed as of the date below written.
| STOCKWELL FUND, L.P. | ||
| By: | STOCKWELL MANAGERS, LLC, its general partner | |
| By: | /s/ Thomas L. Hufnagel | |
| Name: | Thomas L. Hufnagel | |
| Title: | Vice President | |
| Address: | c/o Glencoe Capital | |
| 222 West Adams Street. Suite 1000 | ||
| Chicago, IL 60606 | ||
| Date: | October 15, 2004 | |
| Accepted: | ||
| H-LINES HOLDING CORP. | ||
| By: | /s/ Charles G. Raymond | |
| Name: | Charles G. Raymond | |
| Title: | President & CEO | |
| Date: | October 15, 2004 | |
INSTRUMENT OF ACCESSION
STOCKHOLDERS AGREEMENT
The undersigned, Stockwell Fund, L.P., as a condition precedent to becoming the owner or holder of record of (i) one hundred twenty six thousand five hundred eighty two (126,582) shares of Common Stock, par value $0.01 per share, of H-Lines Holding Corp., a Delaware corporation (the “Company”) and (ii) one million eight hundred ninety eight thousand seven hundred thirty (1,898,730) shares of Series A Redeemable Preferred Stock, par value $0.01 per share, of the Company, hereby agrees to become a “Stockholder” under, a party to, and bound by, that certain Stockholders Agreement dated as of July 7, 2004, by and among the Company and the other parties thereto, as amended, restated, amended and restated, supplemented or otherwise modified through the date hereof. This Instrument of Accession shall take effect and shall become an integral part of said Stockholders Agreement immediately upon execution and delivery to the Company of this Instrument.
IN WITNESS WHEREOF, the undersigned has caused this INSTRUMENT OF ACCESSION to be signed as of the date below written.
| STOCKWELL FUND, L.P. | ||
| By: | STOCKWELL MANAGERS, LLC, its general partner | |
| By: |
| |
| Name: | Thomas L. Hufnagel | |
| Title: | Vice President | |
| Address: | c/o Glencoe Capital | |
| 222 West Adams Street. Suite 1000 | ||
| Chicago. IL 60606 | ||
| Date: |
| |
| Accepted: | ||
| H-L1NES HOLDING CORP. | ||
| By: | /s/ Charles Raymond | |
| Name: | Charles Raymond | |
| Title: | President & CEO | |
| Date: | October 15, 2004 | |
