Pledge Amendment to Securities Pledge Agreement among Statia Terminals Entities and HSBC Bank USA (09/30/2001)

Summary

This amendment updates a previous Securities Pledge Agreement between Statia Terminals Canada Incorporated, Statia Terminals Canada Holdings, Inc., Point Tupper Marine Services Limited, and HSBC Bank USA. The amendment adds new shares and partnership units to the collateral pledged to HSBC Bank USA. The parties acknowledge and agree to the updated pledge, and the partnership undertakes to register the pledge and transfer voting rights as required. The amendment remains effective as long as the original pledge agreement is in force.

EX-4.16A 5 g72197ex4-16a.txt STATIA TERMINALS - SHARE PLEDGE AMENDMENT 09/30/01 Exhibit 4.16a PLEDGE AMENDMENT To: HSBC Bank USA (formerly known as Marine Midland Bank) as Pledgee under the Securities Pledge Agreement described below: This is to inform you that we have acquired or obtained the following Additional Shares as defined in the Securities Pledge Agreement dated November 27, 1996, originally between you and the undersigned, as amended to date:

and that these Additional Shares are, and to the extent required, are hereby made, subject to the Pledge as defined in said Securities Pledge Agreement. This Pledge Amendment forms an integral part of the Securities Pledge Agreement. Dated: September 30, 2001 STATIA TERMINALS CANADA, INCORPORATED By: ------------------------------------- Name: Paul Crissman Title: President By: ------------------------------------- Name: Title: STATIA TERMINALS CANADA HOLDINGS, INC. ACKNOWLEDGMENT Statia Terminals Canada Holdings, Inc. (the "COMPANY"), hereby accepts notice of and acknowledges the pledge created by the attached Securities Pledge Agreement originally between Statia Terminals Canada, Incorporated and HSBC Bank USA (formerly known as Marine Midland Bank), as Trustee (the "PLEDGEE") (as amended to date, the "PLEDGE AGREEMENT"), agrees to and acknowledges the contents of the Pledge Agreement. Dated: September 30, 2001 STATIA TERMINALS CANADA HOLDINGS, INC. By: ------------------------------------- Name: Paul Crissman Title: President By: ------------------------------------- Name: Title: -2- STATIA TERMINALS CANADA PARTNERSHIP ACKNOWLEDGMENT Statia Terminals Canada Partnership (the "Partnership") hereby represented by its managing partner, Statia Terminals Canada, Incorporated (the "STCI"), accepts notice of and acknowledges the pledge created by the attached Securities Pledge Agreement by and among Point Tupper Marine Services Limited and Statia Terminals Canada Holdings, Inc. (collectively, the "Pledgors") and HSBC Bank USA (formerly known as Marine Midland Bank), as Trustee (the "PLEDGEE") (the "PLEDGE AGREEMENT"), and each of STCI and the Pledgors agrees to and acknowledges the contents of the Securities Pledge Agreement, undertakes to register the pledge of Pledged Interests in the books and records of the Partnership, including the transfer of voting rights to Pledgee in accordance with Section 5 and to maintain such registration until Pledgee has instructed in writing otherwise, and undertakes to Pledgee during the existence of the pledge created thereby to comply with the provisions of the Pledge Agreement so long as the pledge is in effect. Each of the undersigned agree that the provisions of this acknowledgement apply notwithstanding the terms of any restrictions or conditions contained in the partnership agreement dated September 21, 2001, among such parties pursuant to which the Partnership was created. Dated: September 30, 2001 STATIA TERMINALS CANADA STATIA TERMINALS CANADA INCORPORATED, on its own behalf and as HOLDINGS, INC. managing partner of STATIA TERMINALS CANADA PARTNERSHIP. By: ------------------------------ Name: Paul Crissman By: Title: President ------------------------------ Name: Paul Crissman Title: President By: ----------------------------- By: Name: ------------------------------ Title: Name: Title: POINT TUPPER MARINE SERVICES LIMITED By: ------------------------------ Title: President