Second Amendment to Storage and Throughput Agreement between Statia Terminals N.V. and Bolanter Corporation N.V.

Summary

This amendment, effective January 31, 2001, extends the existing Storage and Throughput Agreement between Statia Terminals N.V. and Bolanter Corporation N.V. from its original expiration date of January 30, 2003, to January 30, 2005. It also updates certain numerical terms in the agreement, while all other provisions remain unchanged. The amendment ensures continued storage and throughput services under the same general terms as before, with only the specified changes taking effect.

EX-10.4B 7 g67176ex10-4b.txt 2ND AMENDMENT TO STORAGE AND THROUGHPUT AGREEMENT 1 Exhibit 10.4b SECOND AMENDMENT TO STORAGE AND THROUGHPUT AGREEMENT(1) This Second Amendment, entered into as of the 10th day of January, 2001, and effective as of January 31, 2001, further amends that certain Storage and Throughput Agreement which was effective as of August 20, 1993, between Statia Terminals N.V., a corporation duly incorporated in the Netherlands Antilles (the "Terminal Company") with offices at St. Eustatius, Netherlands Antilles, and Bolanter Corporation N.V., a corporation duly incorporated in the Netherlands Antilles (the "User") with offices at Curacao, Netherlands Antilles (the "Original Agreement"). WHEREAS, the Original Agreement was heretofore amended by the amendment entered into as of October 1999, and having an effective date of January 31, 2000 (the "First Amendment"); WHEREAS, the Original Agreement as heretofore amended by the First Amendment is hereinafter referred to as the "Agreement"; WHEREAS, the initial Term of the Agreement will expire at midnight on January 30, 2003; and WHEREAS, the parties desire to further extend the Agreement beyond the expiration of the initial Term and to amend certain provisions of the Agreement as set forth in this Second Amendment; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto mutually agree as follows: 1. Amend Article I, Definitions, by deleting the number "[**]" and inserting in place thereof the number "[**]" in the definition of "EXCESS THROUGHPUT." 2. Amend Section 4.1 of the Agreement by deleting "January 30, 2003" and inserting "January 30, 2005" in place thereof. 3. Amend Section 5.3 of the Agreement by deleting the number "[**]" each place where it occurs and substituting the number "[**]" in place thereof. 4. Unless otherwise amended herein, all other terms and conditions of the Agreement and the Terminal Regulations, including any attachments thereto, shall remain in full force and effect. 5. Capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement or the Terminal Regulations, as appropriate. - ---------- (1) Asterisks indicate redacted language for which confidential treatment has been requested pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. 1 2 IN WITNESS WHEREOF, this Amendment has been executed by the parties hereto as of the day first herein specified. STATIA TERMINALS N.V. BOLANTER CORPORATION N.V. By: ____________________________ By: _________________________ Clarence W. Brown Director Name: _________________________ Title: _________________________ By: ____________________________ Paul R. Crissman Director 2