Ship Mortgage
Court Rules on Liens and Breaches
A Lesson in admiralty law was recently provided by the U.S. Court of Appeals for the Fifth Circuit when it ruled that a maritime lien for breach of a charter party attaches when the vessel is placed at the charterer's disposal. Dennis Bryant, writing about the case on the Maritime Liens website, notes, "A vessel owner entered into a time charter and accordingly delivered the vessel. The vessel was then sold to a third party, subject to the time charter, and the new owner obtained a mortgage loan on the vessel. The bank providing the loan duly recorded its preferred ship mortgage. "Soon thereafter, the new owner breached the time charter and then defaulted on the mortgage. Both the bank and the charterer sought to recoup their losses by having the vessel sold, but the proceeds were not expected to cover both claims. Therefore, the priority of the two liens became paramount. The bank asserted that its lien took precedence as its preferred ship mortgage was recorded before the time charter was breached. The court held that the maritime lien for a charter attaches when the vessel is placed at the disposal of the charterer, even though it remains inchoate until a breach arises. Thus, since the charter commenced prior to the vessel sale, the charterer's lien prevailed over the preferred ship mortgage." Source: Maritime Advocate Online
LISCR Welcomes Liberian Legislation
The Advisory Board of the Liberian International Ship & Corporate Registry (LISCR), at its inaugural meeting, held in conjunction with the Annual Conference of the Connecticut Maritime Association, in Stamford, Conn., has set a positive agenda designed to drive forward the Liberian Registry's goal of achieving excellence in standards of quality and service. In his address to the CMA's lunch, Board chairman Rex Harrington reported that the Board had welcomed a number of developments but had
Useless Judgment Doctrine Moots Appeal
The U.S. Court of Appeals for the Fifth Circuit ruled that, under the useless judgment doctrine, it lacked jurisdiction to consider an appeal. In the instant case, plaintiff ship manager operated a ship for the owner. The ship was subject to a preferred ship mortgage and also subject to various liens held by suppliers of necessaries. When the owner did not pay as promised, plaintiff filed an in rem claim and had the ship arrested. The other claimants also filed their claims
Moore Stephens: Russia a Good Place to do Business
Shipping accountant and business consultant Moore Stephens says that, despite recent publicity to the contrary, Russia is now a better place to do business than it has ever been for small and medium-size enterprises, including shipowners. Writing in the latest issue of The Bottom Line, the newsletter of the Moore Stephens shipping industry group, Gavin Stoddart, managing director of Moore Stephens Russia, says, "The door to international finance and international markets is open
Trico Announces $50M Refinancing of Credit Facility
Trico Marine Services, Inc. announced that it has entered into a new $50 million revolving credit facility to refinance its previous $45 million credit facility. The new facility will mature on December 18, 2005, and is structured as a senior secured revolving credit facility. Proceeds from the facility will be used for working capital needs, capital expenditures and other general corporate purposes. The facility will be secured by mortgages on substantially all of the company's Gulf
Star Bulk New Charter for Capesize Star Beta
Star Bulk Carriers Corp. (Nasdaq: SBLK), a global maritime transportation company focusing on dry bulk cargoes announced the Star Beta, a Capesize vessel of 174,691 dwt, built in 1993, has been time chartered for a period of 13 to 15 months at a gross daily rate of $32,500. The vessel is expected to be delivered to its new charterers within February 2009. The company has reached agreements in principle with its lenders to obtain waivers for certain covenants including minimum asset
LED Provides Guide to Gulf Opportunity Zone Incentives
Released this week, through the lead sponsorship of Louisiana Economic Development (LED), is a compact and comprehensive business guide to federal and state incentives initiated in the wake of hurricanes Katrina and Rita. The Louisiana Gulf Opportunity Zone Business Guide, published in conjunction with Louisiana Business Inc. and other private-sector partners, offers large and small business owners and executives a valuable primer on navigating this set of investment programs – dubbed the
NNS Shipbuilder Volunteers Build House
Newport News Shipbuilding (NNS) division recently dedicated its 11th Habitat for Humanity house in Hampton. NNS has partnered with Habitat for Humanity Peninsula and Greater Williamsburg since 2002 to build homes for families in Hampton Roads. Ron Murray, NNS' vice president of quality and process excellence, presented the house keys to Shereen Wynder and her daughters, Shakira and Treasure. "While this house was built by the hands of shipbuilders
General Maritime Sells Aframax & Suezmax Tankers
General Maritime Corporation (NYSE: GMR) announced that it has completed the sale of the Genmar Princess, a 1991-built Aframax tanker, to an unaffiliated third party, generating net proceeds of $7.5m. The Company also announced it has entered into an agreement to sell the Genmar Gulf, a 1991-built Suezmax tanker, in a separate transaction with another unaffiliated third party. The sale of the Genmar Gulf is expected to generate net proceeds of $11m and close by February 28, 2011
Drewry Report Examines Investment in Ships
Drewry research highlights a buoyant industry but aims to prevent over-optimism by pointing to previous shipping cycles “Investment in Ships” examines the crucial factors and shipping sectors but advises caution to maintain current growth rates Drewry Shipping Consultants announced that its latest report, “Investment in Ships” is now available to purchase. This independent assessment of all the shipping markets identified that most of the world’s leading shipbuilders are in possession of
Utile Maritime Legislation Enacted in Marshall Islands
'Financing Charters' may now be treated as 'Preferred Mortgages' — The Republic of the Marshall Islands passes Maritime Amendment Act (No. 1), 2013. The Republic of the Marshall Islands’ Nitijela has passed the Maritime Amendment Act (No
Near-Bankrupt Shipowners Vanish
Foreign seafarers are being left stranded in British ports after their shipping companies flounder on the brink of bankruptcy. HM Courts and Tribunals Service said there were 42 warrants of arrest executed in the UK in 2011, up from 34 in 2010
Ship Sale Pays Off Mortgage, Compensates Charter Termination
Mercator Lines (Singapore) agrees to sell its 279,022 dwt VLOC 'Sri Prem Putli'. The vessel was built in 1993 and converted from Very Large Crude Carrier (VLCC) to Very Large Ore Carrier (VLOC) in 2009. The Vessel is expected to be delivered to its buyers in March 2013
China Plans Shipuilding Expansion on SE Coast
Fujian province expects to have the ability to build more than 8 million deadweight tons of ships each year, by the end of 2015. The government’s “11 Measures to Transform and Upgrade the Shipbuilding Industry” calls the province to develop into an important shipbuilding base on
“Maritime … Or Not?”
Here is a multiple choice question: which of the following contracts is considered to be a “maritime contract” under U.S. law? - (a) a shipbuilding contract - (b) a ship-sale contract
Finance: Love on the Rocks
Ain’t love grand? There’s the courtship phase: the wine, the roses, the proposal; the blood tests come back approved by the credit committee . . . finally the borrower and the lender fund the deal and tie the knot forever, walking off into the sunset in vessel finance ecstasy.
Moller Tapped for NAVSAC
Blank Rome’s Jeffrey Moller Appointed to Navigation Safety Advisory Council. Jeffrey S. Moller, Blank Rome LLP Partner and Product Liability, Mass Torts, insurance Practice Group Leader has been appointed to the Navigation Safety Advisory Council (NAVSAC) as a member representing the
Fairstar Heavy Transport Takes Fleet Finance Loan
Fairstar Heavy Transport signs USD 247 million fleet finance facility with a Dutch banking syndicate led by ING Bank, mainly for Chinese liftboat newbuilds Fairstar Heavy Transport N.V. (FAIR) has signed a USD 247 million syndicated loan facility led by ING Bank
Eidesvik Sells Two OSV's, Buys New One
Eidesvik takes gain in Brazil & buys new offshore supply vessel Eidesvik has entered into sales agreements of US$ 64 million for the two supply vessels Viking Surf (built 2002) and Viking Thaumas (built 2005). Both vessels are employed on contracts in Brazil.
Passenger Safety, Loss & Injury Benefits – Denmark Legislates
Denmark ratifies the 2002 Athens Convention, improves protection for injured passengers The purpose of the new legislation passed by Denmark's parliament is partly to ensure improved protection of passengers injured at sea, partly to ensure easier access to transferring ships to the Danish flag
AKD: Chapter 11 Protection is Not Enforceable in The Netherlands
Netherlands law firm AKD says that, while beleaguered shipowners may be looking increasingly to Chapter 11 filings in the United States to protect their financial interests, the fact is that Chapter 11 does not enjoy the force of law throughout the world, and certainly not in The Netherlands
Teekay Tankers Reports Q1 Results
Teekay Tankers Ltd. (NYSE: TNK) - Highlights Teekay Tankers Ltd. (Teekay Tankers or the Company) today reported its first quarter results for 2011. During the quarter, the Company generated $15.7 million in Cash Available for Distribution(1). Today, Teekay Tankers declared a dividend of $0
Brad L. Berman Joins Holland and Knight as Partner
New York City – April 29, 2011 – Holland & Knight is pleased to announce that Brad L. Berman has joined the firm as Partner in the firm's New York City office. Prior to joining Holland & Knight, Berman served as Executive Director of the Liberian International Ship
Teekay Tankers Q4 & Year End Results
Teekay Tankers Ltd. (NYSE:TNK) - Highlights · Declared a cash dividend of $0.22 per share for the quarter ended December 31, 2010. · Reported fourth quarter adjusted net income of $2.6 million, or $0
NIC: Jones Act Has Not Interfered with Spill Cleanup
The National Incident Commander (NIC) issued a Fact Sheet stating that the Jones Act has not impeded response to the Gulf of Mexico oil spill: “Currently 15 foreign-flagged vessels are involved in the largest response to an oil spill in U.S. history
