Amendment to Agreement to Elect Directors between TransMontaigne Inc. and First Reserve Funds VI, VII, and VIII

Contract Categories: Business Finance › Modification Agreements
Summary

This amendment updates a prior agreement between TransMontaigne Inc. and First Reserve Fund VI to include First Reserve Fund VII and VIII as parties with director election rights. The agreement will remain in effect as long as the First Reserve Investors collectively own at least 10% of TransMontaigne's common stock. All other terms of the original agreement remain unchanged. The amendment is acknowledged and signed by representatives of all involved funds.

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EX-10.6 3 dex106.htm AMD. TO AGREEMENT TO ELECTED DIRECTORS 4/17/1996 Prepared by R.R. Donnelley Financial -- Amd. to Agreement to Elected Directors 4/17/1996
 
June 26, 2002
 
Exhibit 10.6
 
First Reserve Fund VI, Limited Partnership (“Fund VI”)
First Reserve Fund VII, Limited Partnership (“Fund VII”)
First Reserve Fund VIII, L.P. (“Fund VIII”)
c/o First Reserve Corporation
1801 California Street, Suite 4110
Denver, CO 80202
 
 
Re:
 
Amendment to Agreement to Elect Directors dated as of April 17, 1996 (the “Agreement”)
 
Dear Tom:
 
This letter will amend the above-referenced Agreement to include Fund VII and Fund VIII as “First Reserve Investors” as defined in the Agreement. All other terms of the Agreement shall remain unchanged and in full force and effect except that Section 2.7 shall be amended and restated as set forth below:
 
Section 2.7. Term. This Agreement shall terminate and no longer be binding on the parties hereto at such time as the First Reserve Investors beneficially own (as such term is defined in Rule 13d-3 under the Securities Exchange Act of 1934) less than 10% of the Common Stock.
 
To acknowledge your agreement to this amendment, please sign below on behalf of Fund VI, Fund VII and Fund VIII.
 
Sincerely
TRANSMONTAIGNE INC.
/s/    HAROLD R. LOGAN, JR.        
Executive Vice President, Chief Financial Officer and Treasurer

 
First Reserve Fund VI, Limited Partnership (“Fund VI”)
First Reserve Fund VII, Limited Partnership (“Fund VII”)
First Reserve Fund VIII, L.P. (“Fund VIII”)
June 26, 2002
Page 2
 
Acknowledged this 26th day of June, 2002
 
FIRST RESERVE FUND VI, LIMITED PARTNERSHIP
By:
   
First Reserve Corporation, its General Partner
    
By:
   
/s/  THOMAS R. DENISON
Managing Director
FIRST RESERVE FUND VII, LIMITED PARTNERSHIP
By:
   
First Reserve GP VII, L.P., its General Partner
    
By:
   
First Reserve Corporation, its General Partner
    
By:
   
THOMAS R. DENISON
Managing Director
FIRST RESERVE FUND VIII, L.P.
By:
   
First Reserve GP VIII, L.P., its General Partner
    
By:
   
First Reserve Corporation, its General Partner
    
By:
   
THOMAS R. DENISON
Managing Director