kl03016.htm


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
                                                        
 
FORM 8-K
 
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of the
Securities Exchange Act of 1934
 
Date of Report (Date of earliest event reported):  March 10, 2009
 
               
 
GENCO SHIPPING & TRADING LIMITED
(Exact Name of Registrant as Specified in Charter)

Republic of the Marshall Islands
000-28506
98-043-9758
(State or Other Jurisdiction
of incorporation)
(Commission File Number)
(I.R.S. Employer
Identification No.)

299 Park Avenue
20th Floor
(Address of Principal Executive Offices)
 
 
10171
(Zip Code)

Registrant’s telephone number, including area code:  (646) 443-8550
 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

r
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
r
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 
 

 
Item 7.01  Regulation FD Disclosure
 
The Company is hereby disclosing the following updated information regarding the current employment of the vessels currently in the Company’s fleet:

Vessel
Type
Vessel Name
Year
Built
Charterer
Cash Daily
Rate (1)
Net Revenue
Daily Rate (2)
Charter
Expiration (3)
Capesize
Genco Augustus
2007
Cargill International S.A.
45,263
62,750
December, 2009
Genco Tiberius
2007
Cargill International S.A.
45,263
62,750
January, 2010
Genco London
2007
SK Shipping Co., Ltd.
57,500
64,250
August, 2010
Genco Titus
2007
Cargill International S.A.
45,000(4)
46,250
September, 2011
Genco Constantine
2008
Cargill International S.A.
52,750(4)
 
August, 2012
Genco Hadrian
2008
Cargill International S.A.
65,000(4)
 
October, 2012
 
Panamax
Genco Beauty
1999
Cargill International S.A.
31,500
 
May, 2009
Genco Knight
1999
SK Shipping Ltd.
37,700
 
May, 2009
Genco Vigour
1999
STX Panocean (UK) Co. Ltd.
29,000(5)
 
March, 2009
Genco Leader
1999
Baumarine AS
SPOT(6)
 
November, 2009
Genco Acheron
1999
Global Chartering Ltd (a subsidiary of ArcelorMittal Group)
55,250
 
July, 2011
Genco Raptor
2007
COSCO Bulk Carriers Co., Ltd.
52,800
 
April, 2012
Genco Surprise
1998
Hanjin Shipping Co., Ltd.
42,100
 
December, 2010
Genco Thunder
2007
Baumarine AS
SPOT (7)
 
October, 2009
Supramax
Genco Predator
2005
Bulkhandling Handymax AS
SPOT (8)
 
September, 2009
Genco Cavalier
2007
Clipper Bulk Shipping NV
12,000(9)
 
June, 2009
Genco Warrior
2005
Hyundai Merchant Marine Co. Ltd.
38,750
 
November, 2010
Genco Hunter
2007
Pacific Basin Chartering Ltd.
62,000
 
June, 2009
Handymax
Genco Muse
2001
Global Maritime Investments Ltd.
6,500(10)
 
May, 2009
Genco Marine
1996
NYK Bulkship Atlantic N.V./Clipper Bulk Shipping NV
47,000/14,500(11)
 
Mar, 2009/ Jun, 2009
Genco Wisdom
1997
Hyundai Merchant Marine Co. Ltd.
34,500
 
February, 2011
Genco Carrier
1998
Louis Dreyfus Corporation
37,000
 
March, 2011
Genco Success
1997
Korea Line Corporation
33,000(12)
 
 February, 2011
Genco Prosperity
1997
Pacific Basin Chartering Ltd.
37,000
 
June, 2011
Handysize
Genco Explorer
1999
Lauritzen Bulkers A/S
19,500
 
August, 2009
Genco Pioneer
1999
Lauritzen Bulkers A/S
19,500
 
August, 2009
Genco Progress
1999
Lauritzen Bulkers A/S
19,500
 
August, 2009
Genco Reliance
1999
Lauritzen Bulkers A/S
19,500
 
August, 2009
Genco Sugar
1998
Lauritzen Bulkers A/S
19,500
 
August, 2009
Genco Charger
2005
Pacific Basin Chartering Ltd.
24,000
 
November, 2010
Genco Challenger
2003
Pacific Basin Chartering Ltd.
24,000
 
November, 2010
Genco Champion
2006
Pacific Basin Chartering Ltd.
24,000
 
December, 2010
 
 
 
 


 
(1)  
Time charter rates presented are the gross daily charterhire rates before the payments of brokerage commissions ranging from 1.25% to 6.25% to third parties, except as indicated for the Genco Leader in note 6 below. In a time charter, the charterer is responsible for voyage expenses such as bunkers, port expenses, agents’ fees and canal dues.
(2)  
For the vessels acquired with a below-market time charter rate, the approximate amount of revenue on a daily basis to be recognized as revenues is displayed in the column named “Net Revenue Daily Rate” and is net of any third-party commissions. Since these vessels were acquired with existing time charters with below-market rates, we allocated the purchase price between the respective vessel and an intangible liability for the value assigned to the below-market charterhire.  This intangible liability is amortized as an increase to voyage revenues over the minimum remaining term of the charter.  For cash flow purposes, we will continue to receive the rate presented in the “Cash Daily Rate” column until the charter expires.
(3)  
The charter expiration dates presented represent the earliest dates that our charters may be terminated in the ordinary course.  Except for the Genco Titus,  Genco Constantine, and Genco Hadrian under the terms of each contract, the charterer is entitled to extend time charters from two to four months in order to complete the vessel's final voyage plus any time the vessel has been off-hire. The charterer of the Genco Titus and Genco Hadrian has the option to extend the charter for a period of one year.  The Genco Constantine has the option to extend the charter for a period of eight months.
(4)  
These charters include a 50% index-based profit sharing component above the respective base rates listed in the table. The profit sharing between the charterer and us for each 15-day period is calculated by taking the average over that period of the published Baltic Cape Index of the four time charter routes, as reflected in daily reports. If such average is more than the base rate payable under the charter, the excess amount is allocable 50% to each of the charterer and us. A third-party commission of 3.75% based on the profit sharing amount due to us is payable out of our share.
(5)  
We have entered into a time charter for 23 to 25 months at a rate of $33,000 per day for the first 11 months, $25,000 per day for the following 11 months and $29,000 per day thereafter, less a 5% third-party commission. For purposes of revenue recognition, the time charter contract is reflected on a straight-line basis at approximately $29,000 per day for 23 to 25 months in accordance with generally accepted accounting principles in the United States, or U.S. GAAP.
(6)  
We have reached an agreement to enter the vessel into the Baumarine Panamax Pool with an option to convert the balance period of the charter party to a fixed rate, but only after June 1, 2009.The vessel entered the pool following the completion of its previous time charter on December 16, 2008. In addition to a 1.25% third party brokerage commission, the charter party calls for a management fee which consists of a 1.25% deduction as well as a $334 fixed daily management fee.
(7)  
We have reached an agreement to enter the vessel into the Baumarine Panamax Pool with an option to convert the balance period of the charter party to a fixed rate, but only after March 1, 2009.The vessel entered the pool following the completion of its previous time charter on November 16, 2008. In addition to a 1.25% third party brokerage commission, the charter party calls for a management fee which consists of a 1.25% deduction as well as a $334 fixed daily management fee.
(8)  
We have reached an agreement to enter the vessel into the Bulkhandling Handymax Pool with an option to convert the balance period of the charter party to a fixed rate, but only after January 1, 2009.The vessel entered the pool following the completion of its previous time charter on November 2, 2008.
(9)  
Following Samsun Logix Corporation’s (“Samsun”) filing for the equivalent of bankruptcy protection in South Korea, otherwise referred to as a rehabilitation application, the Company has terminated the charter party agreement as a result of the non-payment of hire and has commenced arbitration proceedings in the United Kingdom for damages related to the non-performance of Samsun under the time charter. In addition, we have entered into a short term time charter for approximately 3 to 5 months at a rate of $12,000 per day, less a 5% third-party commission. The vessel entered into the time charter on March 9, 2009.
(10)  
We have entered into a short term time charter for 3.5 to 6 months at a rate of $6,500 per day, less a 5% third-party commission. The vessel entered the into the time charter following the completion of its previous time charter on February 8, 2009.
(11)  
We have entered into a short term time charter for approximately 3 to 5 months at a rate of $14,500 per day, less a 5% third-party commission. The vessel entered into the time charter following the expected completion of its previous time charter with NYK Bulkship Atlantic NV on or about March 21, 2009.
(12)  
We extended the time charter for an additional 35 to 37.5 months at a rate of $40,000 per day for the first 12 months, $33,000 per day for the following 12 months, $26,000 per day for the next 12 months and $33,000 per day thereafter less a 5% third-party commission. In all cases, the rate for the duration of the time charter will average $33,000 per day. For purposes of revenue recognition, the time charter contract is reflected on a straight-line basis at approximately $33,000 per day for 35 to 37.5 months in accordance with U.S. GAAP.

 
 

 

 
"Safe Harbor" Statement Under the Private Securities Litigation Reform Act of 1995
 
This report contains forward-looking statements made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These forward looking statements are based on management’s current expectations and observations. Included among the important factors that, in our view, could cause actual results to differ materially from the forward looking statements contained in this report are the Company’s ability to collect amounts due from Samsun Logix Corporation with respect to the terminated charter for the Genco Cavalier; the Company’s ability to collect on any damage claim for the recent collision involving the Genco Cavalier;  and other factors listed from time to time in our public filings with the Securities and Exchange Commission, including, without limitation, the Company's Annual Report on Form 10-K for the year ended December 31, 2007 and its subsequent reports on Form 10-Q and Form 8-K.
 
The information set forth under “Item 7.01 Regulation FD Disclosure” shall not be deemed “filed” for purposes of Section 18 of the Securities Act of 1934, as amended, nor shall such information be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such filing.


 

 
 

 

SIGNATURE
 
Pursuant to the requirements of the Securities Exchange Act of 1934, Genco Shipping & Trading Limited has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
 
                                                        GENCO SHIPPING & TRADING LIMITED
 
                                                        DATE:  March 10, 2009
 
 
                                                        /s/ John C. Wobensmith                                
                                                         John C. Wobensmith
                                                        Chief Financial Officer, Secretary and Treasurer
                                     (Principal Financial and Accounting Officer)