HOLDING PTY. LIMITED. ACN 002 797 668 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) Executed by MCDERMOTT AUSTRALIA PTY. LTD. ACN 002 736 352 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] Executed by CBI CONSTRUCTORS PTY. LTD. ACN 000 612 411 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] CHICAGO BRIDGE & IRON (ANTILLES) N.V. XXXXXXXXX INTERNATIONAL MARINE INVESTMENTS N.V. MCDERMOTT OVERSEAS INVESTMENT CO. N.V. VARSY INTERNATIONAL N.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney SIGNED AND DELIVERED for and on behalf of and as the deed of CB & I FINANCE COMPANY LIMITED by its lawfully appointed attorney XXXXX XXXXXXXX /s/ Xxxxx Xxxxxxxx in the presence of: Attorney (Signature of Witness): /s/ Xxxxx Xxxxx (Name of Witness): Xxxxx Xxxxx (Address of Witness): 000 X. Xxxxxxxx Pkwy Houston, TX 77079 (Occupation of Witness): Paralegal Executed and Delivered as a Deed by XXXXX & CO LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I CONSTRUCTORS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I GROUP UK HOLDINGS By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I HOLDINGS (UK) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I LONDON By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I PADDINGTON LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I POWER LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CBI UK CAYMAN ACQUISITION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXXXX CONSULTANTS INTERNATIONAL LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by LUTECH RESOURCES LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by OXFORD METAL SUPPLY LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by PIPEWORK ENGINEERING AND DEVELOPMENTS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXX XXXX LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXX GROUP UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by WHESSOE PIPING SYSTEMS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal CBI EASTERN ANSTALT By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] J. XXX XXXXXXXXX DE MEXICO, S.A. DE X.X. XXXXXXXXX MARINE MEXICO, S.A. DE C.V. SERVICIOS DE FABRICACION DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE X. X. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CHICAGO BRIDGE DE MÉXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. MCDERMOTT ASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS INTERNATIONAL, PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] CB&I EL DORADO, INC. CB&I LLC CHICAGO BRIDGE & IRON COMPANY J. XXX XXXXXXXXX TECHNOLOGY, INC. XXXXXX GASIFICATION TECHNOLOGY LICENSING LLC MCDERMOTT BLACKBIRD HOLDINGS, LLC XXXXXXXXX INVESTMENTS, LLC OPI VESSELS, INC. 000 XXXX XXXXXX LLC A & B BUILDERS, LTD. ASIA PACIFIC SUPPLY CO. ATLANTIC CONTINGENCY CONSTRUCTORS II, LLC ATLANTIS CONTRACTORS INC. CB&I CLEARFIELD, INC. CB&I CONNECTICUT, INC. CB&I FINANCIAL RESOURCES LLC CB&I GLOBAL, L.L.C. CB&I HOUSTON 06 LLC CB&I HOUSTON 07 LLC CB&I HOUSTON 08 LLC CB&I HOUSTON 09 LLC CB&I HOUSTON 10 LLC CB&I HOUSTON 11 LLC CB&I HOUSTON 12 LLC CB&I HOUSTON 13 LLC CB&I HOUSTON LLC CB&I TYLER LLC CBI AMERICAS LTD. CBI OVERSEAS (FAR EAST) INC. CBI US HOLDING COMPANY INC. CENTRAL TRADING COMPANY LTD. HBI HOLDINGS, LLC CB&I LAURENS, INC. CB&I NORTH CAROLINA, INC. CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CBI HOLDCO TWO INC. CHICAGO BRIDGE & IRON COMPANY (NETHERLANDS), LLC CONSTRUCTORS INTERNATIONAL, L.L.C. XXXX-XXXXX ENGINEERS, LTD. XXXX-XXXXX HOLDINGS, L.L.C. XXXX-XXXXX INTERNATIONAL MANAGEMENT, LLC XXXX-XXXXX INTERNATIONAL, L.L.C. XXXX-XXXXX MANAGEMENT, L.L.C. J. XXX XXXXXXXXX SOLUTIONS, INC. XXXXXX TECHNOLOGY INTERNATIONAL LLC XXXXXX TECHNOLOGY LLC XXXXXX TECHNOLOGY OVERSEAS LLC XXXXXX TECHNOLOGY SERVICES LLC XXXXXX TECHNOLOGY VENTURES LLC MATRIX ENGINEERING, LTD. MATRIX MANAGEMENT SERVICES, LLC MCDERMOTT ENGINEERING, LLC MCDERMOTT SUBSEA ENGINEERING, INC. NUCLEAR ENERGY HOLDINGS, L.L.C. PROSPECT INDUSTRIES (HOLDINGS) INC. XXXX CONNEX, INC. XXXX INTERNATIONAL INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES INTERNATIONAL, INC. SPARTEC, INC. TVL LENDER II, INC. CB&I PROJECT SERVICES GROUP, LLC CBI OVERSEAS, LLC LUTECH RESOURCES INC. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer J. XXX XXXXXXXXX HOLDINGS, LLC MCDERMOTT FINANCE L.L.C. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President, Treasurer [Signature Page to Amended and Restated Forbearance Agreement] MCDERMOTT SERVICOS OFFSHORE DO BRASIL LTDA. By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] HOLDERS: [Additional signature pages on file with the Company.] SIGNATURE PAGE TO FORBEARANCE AGREEMENT Exhibit A FORM OF FORBEARANCE JOINDER AGREEMENT [●], 2019 XxXxxxxxx International, Inc. 000 X. Xxxxxxxx Parkway Houston, Texas 77079 Attention: [●] RE: Forbearance Agreement Ladies and Gentlemen: Reference is made to the Forbearance Agreement dated as of [●], 2019 entered into between the Issuers, the Company, the Guarantors, and the Holders party thereto (such Forbearance Agreement, as in effect on the date hereof and as it may hereafter be amended, supplemented or otherwise modified from time to time, together with this Forbearance Joinder Agreement, being the “Forbearance Agreement”). Any capitalized terms not defined in this Forbearance Joinder Agreement have the meanings given to them in the Forbearance Agreement.
Appears in 1 contract
Samples: Forbearance Agreement (McDermott International Inc)
HOLDING PTY. LIMITED. ACN 002 797 668 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print\(print) Executed by MCDERMOTT AUSTRALIA PTY. LTD. ACN 002 736 352 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT Executed by CBI CONSTRUCTORS PTY. LTD. ACN 000 612 411 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT CHICAGO BRIDGE & IRON (ANTILLES) N.V. XXXXXXXXX INTERNATIONAL MARINE INVESTMENTS N.V. MCDERMOTT OVERSEAS INVESTMENT CO. N.V. VARSY INTERNATIONAL N.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT SIGNED AND DELIVERED for and on behalf of and as the deed of CB & I FINANCE COMPANY LIMITED by its lawfully appointed attorney XXXXX XXXXXXXX /s/ Xxxxx Xxxxxxxx in the presence of: Attorney (Signature of Witness): /s/ Xxxxx Xxxxx Xxxxxx (Name of Witness): Xxxxx Xxxxx Xxxxxx (Address of Witness): 000 X. Xxxxxxxx Pkwy HoustonXxxx Xx Xxxxxxx, TX 77079 XX 00000 (Occupation of Witness): Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by XXXXX & CO LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I CONSTRUCTORS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I GROUP UK HOLDINGS By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by CB&I HOLDINGS (UK) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Xxxxxx Name: Xxxxx Xxxxxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I LONDON By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I PADDINGTON LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by CB&I POWER LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CBI UK CAYMAN ACQUISITION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by XXXXXX CONSULTANTS INTERNATIONAL LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by LUTECH RESOURCES LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by OXFORD METAL SUPPLY LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by PIPEWORK ENGINEERING AND DEVELOPMENTS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by XXXX XXXX LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by XXXX GROUP UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by WHESSOE PIPING SYSTEMS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by CB&I (US) HOLDINGS, LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Partner SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT CBI EASTERN ANSTALT By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT J. XXX XXXXXXXXX DE MEXICOMÉXICO, S.A. DE X.X. XXXXXXXXX MARINE MEXICOMÉXICO, S.A. DE C.V. SERVICIOS DE FABRICACION FABRICACIÓN DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE X. X. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CHICAGO BRIDGE DE MÉXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. MCDERMOTT ASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS INTERNATIONAL, PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT CB&I EL DORADO, INC. CB&I LLC CHICAGO BRIDGE & IRON COMPANY J. XXX XXXXXXXXX TECHNOLOGY, INC. XXXXXX GASIFICATION TECHNOLOGY LICENSING LLC MCDERMOTT BLACKBIRD HOLDINGS, LLC XXXXXXXXX INVESTMENTS, LLC OPI VESSELS, INC. 000 XXXX XXXXXX LLC A & B BUILDERS, LTD. ASIA PACIFIC SUPPLY CO. ATLANTIC CONTINGENCY CONSTRUCTORS II, LLC ATLANTIS CONTRACTORS INC. CB&I CLEARFIELD, INC. CB&I CONNECTICUT, INC. CB&I FINANCIAL RESOURCES LLC CB&I GLOBAL, L.L.C. CB&I HOUSTON 06 LLC CB&I HOUSTON 07 LLC CB&I HOUSTON 08 LLC CB&I HOUSTON 09 LLC CB&I HOUSTON 10 LLC CB&I HOUSTON 11 LLC CB&I HOUSTON 12 LLC CB&I HOUSTON 13 LLC CB&I HOUSTON LLC CB&I TYLER LLC CBI AMERICAS LTD. CBI OVERSEAS (FAR EAST) INC. CBI US HOLDING COMPANY INC. CENTRAL TRADING COMPANY LTD. HBI HOLDINGS, LLC CB&I LAURENS, INC. CB&I NORTH CAROLINA, INC. CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CBI HOLDCO TWO INC. CHICAGO BRIDGE & IRON COMPANY (NETHERLANDS), LLC CONSTRUCTORS INTERNATIONAL, L.L.C. XXXX-XXXXX ENGINEERS, LTD. XXXX-XXXXX HOLDINGS, L.L.C. XXXX-XXXXX INTERNATIONAL MANAGEMENT, LLC XXXX-XXXXX INTERNATIONAL, L.L.C. XXXX-XXXXX MANAGEMENT, L.L.C. J. XXX XXXXXXXXX SOLUTIONS, INC. XXXXXX TECHNOLOGY INTERNATIONAL LLC XXXXXX TECHNOLOGY LLC XXXXXX TECHNOLOGY OVERSEAS LLC XXXXXX TECHNOLOGY SERVICES LLC XXXXXX TECHNOLOGY VENTURES LLC MATRIX ENGINEERING, LTD. MATRIX MANAGEMENT SERVICES, LLC MCDERMOTT ENGINEERING, LLC MCDERMOTT SUBSEA ENGINEERING, INC. NUCLEAR ENERGY HOLDINGS, L.L.C. PROSPECT INDUSTRIES (HOLDINGS) INC. XXXX CONNEX, INC. XXXX INTERNATIONAL INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES INTERNATIONAL, INC. SPARTEC, INC. TVL LENDER II, INC. CB&I PROJECT SERVICES GROUP, LLC CBI OVERSEAS, LLC LUTECH RESOURCES INC. MCDERMOTT TECHNOLOGY, LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT J. XXX XXXXXXXXX HOLDINGS, LLC MCDERMOTT FINANCE L.L.C. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President, Treasurer [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT MCDERMOTT SERVICOS SERVIÇOS OFFSHORE DO BRASIL LTDA. By: /s/ Xxxxx Xxxxxxxx X. Name: Xxxxx Xxxxxxxx Title: Attorney SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT PARTICIPANT: BARCLAYS BANK PLC, as Administrative Agent By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT PARTICIPANT: CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as a Participant By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] HOLDERSManaging Director By: [Additional signature pages on file with the Company.] /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Director SIGNATURE PAGE TO FORBEARANCE AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT Exhibit A FORM OF FORBEARANCE JOINDER AGREEMENT [●], 2019 XxXxxxxxx International, Inc. 000 X. Xxxxxxxx Parkway Houston, Texas 77079 AttentionPARTICIPANT: [●] RE: Forbearance Agreement Ladies and Gentlemen: Reference is made to the Forbearance Agreement dated as of [●], 2019 entered into between the Issuers, the Company, the Guarantors, and the Holders party thereto (such Forbearance AgreementABN AMRO CAPITAL USA LLC, as in effect on the date hereof and a Participant By: /s/ X. Xxxxx Name: X. Xxxxx Title: Director By: /s/ Xxxxxxx Xxxxxxx, Xx. Name: Xxxxxxx Xxxxxxx, Xx. Title: Director SIGNATURE PAGE TO AMENDMENT NO. 3 OF LETTER OF CREDIT AGREEMENT PARTICIPANT: ROYAL BANK OF CANADA, as it may hereafter be amended, supplemented or otherwise modified from time to time, together with this Forbearance Joinder Agreement, being the “Forbearance Agreement”). Any capitalized terms not defined in this Forbearance Joinder Agreement have the meanings given to them in the Forbearance Agreement.a Participant By: /s/ H. Xxxxxxxxxxx XxXxxxxx Name: H. Xxxxxxxxxxx XxXxxxxx Title: Authorized Signatory
Appears in 1 contract
Samples: Letter of Credit Agreement (McDermott International Inc)
HOLDING PTY. LIMITED. ACN 002 797 668 by its Attorney Treasurer under power of attorney which the Attorney Treasurer has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Treasurer Xxxxx Xxxxxxxx Name of Attorney Treasurer (print) Executed by MCDERMOTT AUSTRALIA PTY. LTD. ACN 002 736 352 by its Attorney Treasurer under power of attorney which the Attorney Treasurer has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Treasurer Xxxxx Xxxxxxxx Name of Attorney Treasurer (print) [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT Executed by CBI CONSTRUCTORS PTY. LTD. PTY LTD ACN 000 612 411 by its Attorney Treasurer under power of attorney which the Attorney Treasurer has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney attorney Xxxxx Xxxxxxxx Name of Attorney Treasurer (print) [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT CHICAGO BRIDGE & IRON (ANTILLES) N.V. XXXXXXXXX INTERNATIONAL MARINE INVESTMENTS N.V. MCDERMOTT OVERSEAS INVESTMENT CO. N.V. VARSY INTERNATIONAL N.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT SIGNED AND DELIVERED for and on behalf of and as the deed of CB & I FINANCE COMPANY LIMITED by its lawfully appointed attorney XXXXX XXXXXXXX /s/ Xxxxx Xxxxxxxx in the presence of: Attorney (Signature of Witness): /s/ Xxxxx Xxxxx Xxxx XxXxxxx (Name of Witness): Xxxxx Xxxxx Xxxx XxXxxxx (Address of Witness): Xxxxxxxx & Xxxxx, 000 X. Xxxxxxxx Pkwy HoustonXxxx Xx., TX 77079 Xxxxxxx, XX 00000 (Occupation of Witness): Paralegal Associate /s/ Xxxxx Xxxxxxxx Attorney SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by XXXXX & CO LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by CB&I CONSTRUCTORS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by CB&I GROUP UK HOLDINGS By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by CB&I HOLDINGS (UK) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by CB&I LONDON By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by CB&I PADDINGTON LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by CB&I POWER LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by CB&I UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by CBI UK CAYMAN ACQUISITION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by XXXXXX CONSULTANTS INTERNATIONAL LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by LUTECH RESOURCES LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by OXFORD METAL SUPPLY LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by PIPEWORK ENGINEERING AND DEVELOPMENTS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by XXXX XXXX LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by XXXX GROUP UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by WHESSOE PIPING SYSTEMS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT CBI EASTERN ANSTALT By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT J. XXX XXXXXXXXX DE MEXICO, S.A. DE X.X. XXXXXXXXX MARINE MEXICO, S.A. DE C.V. SERVICIOS DE FABRICACION DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE X. X. DE C.V. C.V.. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CHICAGO BRIDGE DE MÉXICOMEXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. MCDERMOTT ASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS INTERNATIONAL, CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE MCDERMOTT ASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT CB&I EL DORADO, INC. CB&I LLC CHICAGO BRIDGE & IRON COMPANY J. XXX XXXXXXXXX TECHNOLOGY, INC. XXXXXX GASIFICATION TECHNOLOGY LICENSING LLC MCDERMOTT BLACKBIRD HOLDINGS, LLC XXXXXXXXX INVESTMENTS, LLC OPI VESSELS, INC. 000 XXXX XXXXXX LLC A & B BUILDERS, LTD. ASIA PACIFIC SUPPLY CO. ATLANTIC CONTINGENCY CONSTRUCTORS II, LLC ATLANTIS CONTRACTORS INC. CB&I CLEARFIELD, INC. CB&I CONNECTICUT, INC. CB&I FINANCIAL RESOURCES LLC CB&I GLOBAL, L.L.C. CB&I HOUSTON 06 LLC CB&I HOUSTON 07 LLC CB&I HOUSTON 08 LLC CB&I HOUSTON 09 LLC CB&I HOUSTON 10 LLC CB&I HOUSTON 11 LLC CB&I HOUSTON 12 LLC CB&I HOUSTON 13 LLC CB&I HOUSTON LLC CB&I TYLER LLC CBI AMERICAS LTD. CBI OVERSEAS (FAR EAST) INC. CBI US HOLDING COMPANY INC. CENTRAL TRADING COMPANY LTD. HBI HOLDINGS, LLC CB&I LAURENS, INC. CB&I NORTH CAROLINA, INC. CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CBI HOLDCO TWO INC. CHICAGO BRIDGE & IRON COMPANY (NETHERLANDS), LLC CONSTRUCTORS INTERNATIONAL, L.L.C. XXXX-XXXXX ENGINEERS, LTD. XXXX-XXXXX HOLDINGS, L.L.C. XXXX-XXXXX INTERNATIONAL MANAGEMENT, LLC XXXX-XXXXX INTERNATIONAL, L.L.C. XXXX-XXXXX MANAGEMENT, L.L.C. J. XXX XXXXXXXXX SOLUTIONS, INC. XXXXXX TECHNOLOGY INTERNATIONAL LLC XXXXXX TECHNOLOGY LLC XXXXXX TECHNOLOGY OVERSEAS LLC XXXXXX TECHNOLOGY SERVICES LLC XXXXXX TECHNOLOGY VENTURES LLC MATRIX ENGINEERING, LTD. MATRIX MANAGEMENT SERVICES, LLC MCDERMOTT ENGINEERING, LLC MCDERMOTT SUBSEA ENGINEERING, INC. NUCLEAR ENERGY HOLDINGS, L.L.C. PROSPECT INDUSTRIES (HOLDINGS) INC. XXXX CONNEX, INC. XXXX INTERNATIONAL INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES INTERNATIONAL, INC. SPARTEC, INC. TVL LENDER II, INC. CB&I PROJECT SERVICES GROUP, LLC CBI OVERSEAS, LLC LUTECH RESOURCES INC. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer SIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT J. XXX XXXXXXXXX HOLDINGS, LLC MCDERMOTT FINANCE L.L.C. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President, Treasurer [Signature Page to Amended and Restated Forbearance Agreement] MCDERMOTT SERVICOS OFFSHORE DO BRASIL LTDASIGNATURE PAGE TO AMENDMENT NO. 1 OF LETTER OF CREDIT AGREEMENT ADMINISTRATIVE AGENT: BARCLAYS BANK PLC, as Administrative Agent By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director AMENDMENT NO. 1 TO LETTER OF CREDIT AGREEMENT SIGNATURE PAGE PARTICIPANT: BARCLAYS BANK PLC, as a Participant By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director AMENDMENT NO. 1 TO LETTER OF CREDIT AGREEMENT SIGNATURE PAGE PARTICIPANT: CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as a Participant By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] HOLDERSManaging Director By: [Additional signature pages on file with the Company.] /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Director AMENDMENT NO. 1 TO LETTER OF CREDIT AGREEMENT SIGNATURE PAGE PARTICIPANT: ABN AMRO CAPITAL USA LLC, as a Participant By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: By: /s/ Xxxxxxx Xxxxxxx, Xx. Name: Xxxxxxx Xxxxxxx, Xx. Title: Director AMENDMENT NO. 1 TO FORBEARANCE LETTER OF CREDIT AGREEMENT Exhibit SIGNATURE PAGE PARTICIPANT: ROYAL BANK OF CANADA, as a Participant By: /s/ H. Xxxxxxxxxxx XxXxxxxx Name: H. Xxxxxxxxxxx XxXxxxxx Title: Authorized Signatory AMENDMENT NO. 1 TO LETTER OF CREDIT AGREEMENT SIGNATURE PAGE PARTICIPANT: Xxxxxxx Xxxxx Bank USA, as a Participant By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Authorized Signatory AMENDMENT NO. 1 TO LETTER OF CREDIT AGREEMENT SIGNATURE PAGE EXHIBIT A FORM [Attached] Execution VersionExhibit A to Amendment No. 1 to Letter of Credit Agreement LETTER OF FORBEARANCE JOINDER CREDIT AGREEMENT [●], 2019 XxXxxxxxx International, Inc. 000 X. Xxxxxxxx Parkway Houston, Texas 77079 Attention: [●] RE: Forbearance Agreement Ladies and Gentlemen: Reference is made to the Forbearance Agreement dated Dated as of [●]October 30, 2019 entered into between the Issuers2018 among MCDERMOTT TECHNOLOGY (AMERICAS), the CompanyINC., the GuarantorsMCDERMOTT TECHNOLOGY (US), INC., and the Holders party thereto (such Forbearance AgreementMCDERMOTT TECHNOLOGY, B.V., as in effect on the date hereof Applicants and XXXXXXXXX INTERNATIONAL, INC., as it may hereafter be amendedParent and THE PARTICIPANTS AND ISSUERS PARTY HERETO and BARCLAYS BANK PLC, supplemented or otherwise modified from time to timeas Administrative Agent and BARCLAYS BANK PLC, together with this Forbearance Joinder Agreementand CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, being the “Forbearance Agreement”). Any capitalized terms not defined in this Forbearance Joinder Agreement have the meanings given to them in the Forbearance Agreement.as Joint Lead Arrangers and Joint Lead Bookrunners and BARCLAYS BANK PLC, CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, and ABN AMRO CAPITAL USA LLC, as Co-Syndication Agents TABLE OF CONTENTS PAGE ARTICLE I Definitions, Interpretation And Accounting Terms 1 Section 1.1 Defined Terms 1 Section 1.2 Computation of Time Periods 4951 Section 1.3 Accounting Terms and Principles 4951 Section 1.4 Certain Terms 4952 Section 1.5 Dutch Terms 5153 ARTICLE II Letters of Credit 5255 Section 2.1 [Reserved] 5255
Appears in 1 contract
Samples: Letter of Credit Agreement (McDermott International Inc)
HOLDING PTY. LIMITED. ACN 002 797 668 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) Executed by MCDERMOTT AUSTRALIA PTY. LTD. ACN 002 736 352 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 3 SIGNATURE PAGE Executed by CBI CONSTRUCTORS PTY. LTD. ACN 000 612 411 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 3 SIGNATURE PAGE CHICAGO BRIDGE & IRON (ANTILLES) N.V. XXXXXXXXX INTERNATIONAL MARINE INVESTMENTS N.V. MCDERMOTT OVERSEAS INVESTMENT CO. N.V. VARSY INTERNATIONAL N.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney AMENDMENT NO. 3 SIGNATURE PAGE SIGNED AND DELIVERED for and on behalf of and as the deed of CB & I FINANCE COMPANY LIMITED by its lawfully appointed attorney XXXXX XXXXXXXX /s/ Xxxxx Xxxxxxxx in the presence of: Attorney (Signature of Witness): /s/ Xxxxx Xxxxx Xxxxxx (Name of Witness): Xxxxx Xxxxx Xxxxxx (Address of Witness): 000 X. Xxxxxxxx Pkwy HoustonXxxx Xx Xxxxxxx, TX 77079 XX 00000 (Occupation of Witness): Paralegal Partner AMENDMENT NO. 3 SIGNATURE PAGE Executed and Delivered as a Deed by XXXXX & CO LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I CONSTRUCTORS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I GROUP UK HOLDINGS By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner AMENDMENT NO. 3 SIGNATURE PAGE Executed and Delivered as a Deed by CB&I HOLDINGS (UK) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Xxxxxx Name: Xxxxx Xxxxxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I LONDON By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I PADDINGTON LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner AMENDMENT NO. 3 SIGNATURE PAGE Executed and Delivered as a Deed by CB&I POWER LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CBI UK CAYMAN ACQUISITION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner AMENDMENT NO. 3 SIGNATURE PAGE Executed and Delivered as a Deed by XXXXXX CONSULTANTS INTERNATIONAL LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by LUTECH RESOURCES LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by OXFORD METAL SUPPLY LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner AMENDMENT NO. 3 SIGNATURE PAGE Executed and Delivered as a Deed by PIPEWORK ENGINEERING AND DEVELOPMENTS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by XXXX XXXX LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner AMENDMENT NO. 3 SIGNATURE PAGE Executed and Delivered as a Deed by XXXX GROUP UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by WHESSOE PIPING SYSTEMS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner AMENDMENT NO. 3 SIGNATURE PAGE Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner AMENDMENT NO. 3 SIGNATURE PAGE CBI EASTERN ANSTALT By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 3 SIGNATURE PAGE J. XXX XXXXXXXXX DE MEXICOMÉXICO, S.A. DE X.X. XXXXXXXXX MARINE MEXICOMÉXICO, S.A. DE C.V. SERVICIOS DE FABRICACION FABRICACIÓN DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE X. X. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CHICAGO BRIDGE DE MÉXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 3 SIGNATURE PAGE CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 3 SIGNATURE PAGE CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. MCDERMOTT ASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS INTERNATIONAL, PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 3 SIGNATURE PAGE CB&I EL DORADO, INC. CB&I LLC CHICAGO BRIDGE & IRON COMPANY J. XXX XXXXXXXXX TECHNOLOGY, INC. XXXXXX GASIFICATION TECHNOLOGY LICENSING LLC MCDERMOTT BLACKBIRD HOLDINGS, LLC XXXXXXXXX INVESTMENTS, LLC OPI VESSELS, INC. 000 XXXX XXXXXX LLC A & B BUILDERS, LTD. ASIA PACIFIC SUPPLY CO. ATLANTIC CONTINGENCY CONSTRUCTORS II, LLC ATLANTIS CONTRACTORS INC. CB&I CLEARFIELD, INC. CB&I CONNECTICUT, INC. CB&I FINANCIAL RESOURCES LLC CB&I GLOBAL, L.L.C. CB&I HOUSTON 06 LLC CB&I HOUSTON 07 LLC CB&I HOUSTON 08 LLC CB&I HOUSTON 09 LLC CB&I HOUSTON 10 LLC CB&I HOUSTON 11 LLC CB&I HOUSTON 12 LLC CB&I HOUSTON 13 LLC CB&I HOUSTON LLC CB&I TYLER LLC CBI AMERICAS LTD. CBI OVERSEAS (FAR EAST) INC. CBI US HOLDING COMPANY INC. CENTRAL TRADING COMPANY LTD. HBI HOLDINGS, LLC CB&I LAURENS, INC. CB&I NORTH CAROLINA, INC. CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CBI HOLDCO TWO INC. CHICAGO BRIDGE & IRON COMPANY (NETHERLANDS), LLC CONSTRUCTORS INTERNATIONAL, L.L.C. XXXX-XXXXX ENGINEERS, LTD. XXXX-XXXXX HOLDINGS, L.L.C. XXXX-XXXXX INTERNATIONAL MANAGEMENT, LLC XXXX-XXXXX INTERNATIONAL, L.L.C. XXXX-XXXXX MANAGEMENT, L.L.C. J. XXX XXXXXXXXX SOLUTIONS, INC. XXXXXX TECHNOLOGY INTERNATIONAL LLC XXXXXX TECHNOLOGY LLC XXXXXX TECHNOLOGY OVERSEAS LLC XXXXXX TECHNOLOGY SERVICES LLC XXXXXX TECHNOLOGY VENTURES LLC MATRIX ENGINEERING, LTD. MATRIX MANAGEMENT SERVICES, LLC MCDERMOTT ENGINEERING, LLC MCDERMOTT SUBSEA ENGINEERING, INC. NUCLEAR ENERGY HOLDINGS, L.L.C. PROSPECT INDUSTRIES (HOLDINGS) INC. XXXX CONNEX, INC. XXXX INTERNATIONAL INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES INTERNATIONAL, INC. SPARTEC, INC. TVL LENDER II, INC. CB&I PROJECT SERVICES GROUP, LLC CBI OVERSEAS, LLC LUTECH RESOURCES INC. MCDERMOTT TECHNOLOGY, LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer AMENDMENT NO. 3 SIGNATURE PAGE J. XXX XXXXXXXXX HOLDINGS, LLC MCDERMOTT FINANCE L.L.C. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President, Treasurer [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 3 SIGNATURE PAGE MCDERMOTT SERVICOS SERVIÇOS OFFSHORE DO BRASIL LTDA. By: /s/ Xxxxx Xxxxxxxx X. Name: Xxxxx Xxxxxxxx Title: Attorney ARABIAN CBI LTD. ARABIAN CBI TANK MANUFACTURING COMPANY LTD. XXXXXX ARABIA LTD CO. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person AMENDMENT NO. 3 SIGNATURE PAGE ADMINISTRATIVE AGENT OF THE REVOLVING CREDIT FACILITY AND LC FACILITY: CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Revolving and LC Administrative Agent, Cash Secured LC Issuer, Swing Loan Lender, Revolving Lender and LC Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] HOLDERSManaging Director By: [Additional signature pages on file with the Company.] /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Director AMENDMENT NO. 3 SIGNATURE PAGE TO FORBEARANCE AGREEMENT Exhibit A FORM ADMINISTRATIVE AGENT OF FORBEARANCE JOINDER AGREEMENT [●]THE TERM FACILITY: BARCLAYS BANK PLC, 2019 XxXxxxxxx Internationalas Administrative Agent for the Term Facility By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director ABN AMRO CAPITAL USA LLC, Inc. 000 X. Xxxxxxxx Parkway Houstonas an Issuer, Texas 77079 Attention: [●] RE: Forbearance Agreement Ladies and Gentlemen: Reference is made to the Forbearance Agreement dated as of [●], 2019 entered into between the Issuers, the Company, the GuarantorsRevolving Lender, and the Holders party thereto (such Forbearance AgreementLC Lender By: /s/ X. Xxxxx Name: X. Xxxxx Title: Director By: /s/ Xxxxxxx Xxxxxxx, Xx. Name: Xxxxxxx Xxxxxxx, Xx. Title: Director AMENDMENT NO. 3 SIGNATURE PAGE ROYAL BANK OF CANADA, as in effect on the date hereof a LC Lender By: /s/ H. Xxxxxxxxxxx XxXxxxxx Name: H. Xxxxxxxxxxx XxXxxxxx Title: Authorized Signatory AMENDMENT NO. 3 SIGNATURE PAGE SUMITOMO MITSUI BANKING CORPORATION, as an Issuer and LC Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Managing Director & Joint General Manager BANC OF AMERICA CREDIT PRODUCTS, INC., as it may hereafter be amendeda Revolving Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President DBS BANK LTD., supplemented or otherwise modified from time to timeas an Issuer, together with this Forbearance Joinder AgreementRevolving Lender, being the “Forbearance Agreement”). Any capitalized terms not defined in this Forbearance Joinder Agreement have the meanings given to them in the Forbearance Agreement.and LC Lender By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER:
Appears in 1 contract
HOLDING PTY. LIMITED. ACN 002 797 668 by its Attorney Treasurer under power of attorney which the Attorney Treasurer has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Treasurer Xxxxx Xxxxxxxx Name of Attorney Treasurer (print) Executed by MCDERMOTT AUSTRALIA PTY. LTD. ACN 002 736 352 by its Attorney Treasurer under power of attorney which the Attorney Treasurer has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Treasurer Xxxxx Xxxxxxxx Name of Attorney Treasurer (print) [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 1 SIGNATURE PAGE Executed by CBI CONSTRUCTORS PTY. LTD. PTY LTD ACN 000 612 411 by its Attorney Treasurer under power of attorney which the Attorney Treasurer has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney attorney Xxxxx Xxxxxxxx Name of Attorney Treasurer (print) [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 1 SIGNATURE PAGE CHICAGO BRIDGE & IRON (ANTILLES) N.V. XXXXXXXXX INTERNATIONAL MARINE INVESTMENTS N.V. MCDERMOTT OVERSEAS INVESTMENT CO. N.V. VARSY INTERNATIONAL N.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney AMENDMENT NO. 1 SIGNATURE PAGE SIGNED AND DELIVERED for and on behalf of and as the deed of CB & I FINANCE COMPANY LIMITED by its lawfully appointed attorney XXXXX XXXXXXXX /s/ Xxxxx Xxxxxxxx in the presence of: Attorney (Signature of Witness): /s/ Xxxxx Xxxxx Xxxx XxXxxxx (Name of Witness): Xxxxx Xxxxx Xxxx XxXxxxx (Address of Witness): Xxxxxxxx & Xxxxx, 000 X. Xxxxxxxx Pkwy HoustonXxxx Xx., TX 77079 Xxxxxxx, XX 00000 (Occupation of Witness): Paralegal Associate /s/ Xxxxx Xxxxxxxx Attorney AMENDMENT NO. 1 SIGNATURE PAGE Executed and Delivered as a Deed by XXXXX & CO LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by CB&I CONSTRUCTORS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by CB&I GROUP UK HOLDINGS By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate AMENDMENT NO. 1 SIGNATURE PAGE Executed and Delivered as a Deed by CB&I HOLDINGS (UK) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by CB&I LONDON By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by CB&I PADDINGTON LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate AMENDMENT NO. 1 SIGNATURE PAGE Executed and Delivered as a Deed by CB&I POWER LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by CB&I UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by CBI UK CAYMAN ACQUISITION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate AMENDMENT NO. 1 SIGNATURE PAGE Executed and Delivered as a Deed by XXXXXX CONSULTANTS INTERNATIONAL LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by LUTECH RESOURCES LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by OXFORD METAL SUPPLY LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate AMENDMENT NO. 1 SIGNATURE PAGE Executed and Delivered as a Deed by PIPEWORK ENGINEERING AND DEVELOPMENTS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by XXXX XXXX LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate AMENDMENT NO. 1 SIGNATURE PAGE Executed and Delivered as a Deed by XXXX GROUP UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by WHESSOE PIPING SYSTEMS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate AMENDMENT NO. 1 SIGNATURE PAGE Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer Witnessed By: /s/ Xxxxx Xxxxx Xxxx XxXxxxx Name: Xxxxx Xxxxx Xxxx XxXxxxx Title: Paralegal Associate AMENDMENT NO. 1 SIGNATURE PAGE CBI EASTERN ANSTALT By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 1 SIGNATURE PAGE J. XXX XXXXXXXXX DE MEXICO, S.A. DE X.X. XXXXXXXXX MARINE MEXICO, S.A. DE C.V. SERVICIOS DE FABRICACION DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE X. X. DE C.V. C.V.. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CHICAGO BRIDGE DE MÉXICOMEXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 1 SIGNATURE PAGE CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 1 SIGNATURE PAGE CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. MCDERMOTT ASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS INTERNATIONAL, CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE MCDERMOTT ASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 1 SIGNATURE PAGE CB&I EL DORADO, INC. CB&I LLC CHICAGO BRIDGE & IRON COMPANY J. XXX XXXXXXXXX TECHNOLOGY, INC. XXXXXX GASIFICATION TECHNOLOGY LICENSING LLC MCDERMOTT BLACKBIRD HOLDINGS, LLC XXXXXXXXX INVESTMENTS, LLC OPI VESSELS, INC. 000 XXXX XXXXXX LLC A & B BUILDERS, LTD. ASIA PACIFIC SUPPLY CO. ATLANTIC CONTINGENCY CONSTRUCTORS II, LLC ATLANTIS CONTRACTORS INC. CB&I CLEARFIELD, INC. CB&I CONNECTICUT, INC. CB&I FINANCIAL RESOURCES LLC CB&I GLOBAL, L.L.C. CB&I HOUSTON 06 LLC CB&I HOUSTON 07 LLC CB&I HOUSTON 08 LLC CB&I HOUSTON 09 LLC CB&I HOUSTON 10 LLC CB&I HOUSTON 11 LLC CB&I HOUSTON 12 LLC CB&I HOUSTON 13 LLC CB&I HOUSTON LLC CB&I TYLER LLC CBI AMERICAS LTD. CBI OVERSEAS (FAR EAST) INC. CBI US HOLDING COMPANY INC. CENTRAL TRADING COMPANY LTD. HBI HOLDINGS, LLC CB&I LAURENS, INC. CB&I NORTH CAROLINA, INC. CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CBI HOLDCO TWO INC. CHICAGO BRIDGE & IRON COMPANY (NETHERLANDS), LLC CONSTRUCTORS INTERNATIONAL, L.L.C. XXXX-XXXXX ENGINEERS, LTD. XXXX-XXXXX HOLDINGS, L.L.C. XXXX-XXXXX INTERNATIONAL MANAGEMENT, LLC XXXX-XXXXX INTERNATIONAL, L.L.C. XXXX-XXXXX MANAGEMENT, L.L.C. J. XXX XXXXXXXXX SOLUTIONS, INC. XXXXXX TECHNOLOGY INTERNATIONAL LLC XXXXXX TECHNOLOGY LLC XXXXXX TECHNOLOGY OVERSEAS LLC XXXXXX TECHNOLOGY SERVICES LLC XXXXXX TECHNOLOGY VENTURES LLC MATRIX ENGINEERING, LTD. MATRIX MANAGEMENT SERVICES, LLC MCDERMOTT ENGINEERING, LLC MCDERMOTT SUBSEA ENGINEERING, INC. NUCLEAR ENERGY HOLDINGS, L.L.C. PROSPECT INDUSTRIES (HOLDINGS) INC. XXXX CONNEX, INC. XXXX INTERNATIONAL INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES INTERNATIONAL, INC. SPARTEC, INC. TVL LENDER II, INC. CB&I PROJECT SERVICES GROUP, LLC CBI OVERSEAS, LLC LUTECH RESOURCES INC. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer AMENDMENT NO. 1 SIGNATURE PAGE J. XXX XXXXXXXXX HOLDINGS, LLC MCDERMOTT FINANCE L.L.C. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President, Treasurer [Signature Page to Amended AMENDMENT NO. 1 SIGNATURE PAGE ADMINISTRATIVE AGENT OF THE REVOLVING CREDIT FACILITY AND LC FACILITY: CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Revolving and Restated Forbearance Agreement] MCDERMOTT SERVICOS OFFSHORE DO BRASIL LTDA. LC Administrative Agent, Cash Secured LC Issuer, Swing Loan Lender, Revolving Lender and LC Lender By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] HOLDERSManaging Director By: [Additional signature pages on file with the Company.] /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Director AMENDMENT NO. 1 SIGNATURE PAGE TO FORBEARANCE ADMINISTRATIVE AGENT OF THE TERM FACILITY: BARCLAYS BANK PLC, as Administrative Agent for the Term Facility By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director LIQUIDITY LENDERS: BARCLAYS BANK PLC, as a LC Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director AMENDMENT NO. 1 SIGNATURE PAGE LIQUIDITY LENDERS: XXXXXXX XXXXX BANK USA, as a LC Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory AMENDMENT NO. 1 SIGNATURE PAGE BARCLAYS BANK PLC, as a Revolving Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director MUFG BANK, LTD., as an Issuer, Revolving Lender, and LC Lender By: /s/ Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxxx Title: Director ABN AMRO Capital USA LLC, as a Revolving Lender and LC Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: By: /s/ Xxxxxxx Xxxxxxx, Xx. Name: Xxxxxxx Xxxxxxx, Xx. Title: Director THE BANK OF NOVA SCOTIA, as an Issuer, Revolving Lender, and LC Lender By: /s/ Xxxxxxx Xxx Name: Xxxxxxx Xxx Title: Senior Manager By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Director AMENDMENT NO. 1 SIGNATURE PAGE ROYAL BANK OF CANADA, as a LC Lender By: /s/ H. Xxxxxxxxxxx XxXxxxxx Name: H. Xxxxxxxxxxx XxXxxxxx Title: Authorized Signatory DBS BANK LTD., as an Issuer, Revolving Lender, and LC Lender By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President HSBC BANK USA, NATIONAL ASSOCIATION, as an Issuer and Revolving Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President NIBC BANK N.V., as an LC Lender By: /s/ X. X. Nagtegaal Name: X. X. Nagtegaal Title: By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Associate Director SUNTRUST BANK, as a Revolving Lender and LC Lender By: /s/ Xxxx De Xxxxx-Xxxxxxxxx Name: Xxxx De Xxxxx-Xxxxxxxxx Title: Senior Vice President XXXXXX XXXXXXX SENIOR FUNDING, INC., as a LC Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President EXHIBIT A Execution Version[Exhibit A to Amendment No. 1 to Existing Credit Agreement Amendment] CREDIT AGREEMENT Exhibit A FORM OF FORBEARANCE JOINDER AGREEMENT [●], 2019 XxXxxxxxx International, Inc. 000 X. Xxxxxxxx Parkway Houston, Texas 77079 Attention: [●] RE: Forbearance Agreement Ladies and Gentlemen: Reference is made to the Forbearance Agreement dated Dated as of [●]May 10, 2019 entered into between the Issuers2018 among MCDERMOTT TECHNOLOGY (AMERICAS), the CompanyINC., the GuarantorsMCDERMOTT TECHNOLOGY (US), INC., and the Holders party thereto (such Forbearance AgreementMCDERMOTT TECHNOLOGY, B.V., as in effect on Borrowers and XXXXXXXXX INTERNATIONAL, INC., as Parent and THE LENDERS AND ISSUERS PARTY HERETO and CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Revolving and LC Administrative Agent and BARCLAYS BANK PLC, as Term Loan Administrative Agent and BARCLAYS BANK PLC, CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, XXXXXXX XXXXX BANK USA, ABN AMRO CAPITAL USA LLC, MUFG BANK, LTD., and ROYAL BANK OF CANADA, as Joint Lead Arrangers and Joint Lead Bookrunners and STANDARD CHARTERED BANK, as Co-Manager and BARCLAYS BANK PLC, and CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Co-Syndication Agents and XXXXXXX SACHS BANK USA, ABN AMRO CAPITAL USA LLC, MUFG BANK, LTD., ROYAL BANK OF CANADA, and STANDARD CHARTERED BANK, as Co-Documentation Agents TABLE OF CONTENTS PAGE ARTICLE I Definitions, Interpretation And Accounting Terms 1 Section 1.1 Defined Terms 1 Section 1.2 Computation of Time Periods 6669 Section 1.3 Accounting Terms and Principles 6669 Section 1.4 Certain Terms 6769 Section 1.5 Dutch Terms 6871 ARTICLE II The Loans and Letters of Credit 6972 Section 2.1 Loan Commitments 6972 Section 2.2 Borrowing Procedures for the date hereof and as it may hereafter be amended, supplemented or otherwise modified from time to time, together with this Forbearance Joinder Agreement, being the “Forbearance Agreement”). Any capitalized terms not defined in this Forbearance Joinder Agreement have the meanings given to them in the Forbearance Agreement.Loans 7072 Section 2.3 Swing Loans 7275 Section 2.4 Revolving Letters of Credit 7477 Section 2.5 LC Facility Letters of Credit 7679
Appears in 1 contract
HOLDING PTY. LIMITED. ACN 002 797 668 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) Executed by MCDERMOTT AUSTRALIA PTY. LTD. ACN 002 736 352 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] Executed by CBI CONSTRUCTORS PTY. LTD. ACN 000 612 411 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] CHICAGO BRIDGE & IRON (ANTILLES) N.V. XXXXXXXXX INTERNATIONAL MARINE INVESTMENTS N.V. MCDERMOTT OVERSEAS INVESTMENT CO. N.V. VARSY INTERNATIONAL N.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney SIGNED AND DELIVERED for and on behalf of and as the deed of CB & I FINANCE COMPANY LIMITED by its lawfully appointed attorney XXXXX XXXXXXXX /s/ Xxxxx Xxxxxxxx in the presence of: Attorney (Signature of Witness): /s/ Xxxxx Xxxxx (Name of Witness): Xxxxx Xxxxx (Address of Witness): 000 X. Xxxxxxxx Pkwy Houston, TX 77079 (Occupation of Witness): Paralegal Executed and Delivered as a Deed by XXXXX & CO LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I CONSTRUCTORS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I GROUP UK HOLDINGS By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I HOLDINGS (UK) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I LONDON By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I PADDINGTON LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I POWER LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CBI UK CAYMAN ACQUISITION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXXXX CONSULTANTS INTERNATIONAL LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by LUTECH RESOURCES LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by OXFORD METAL SUPPLY LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by PIPEWORK ENGINEERING AND DEVELOPMENTS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXX XXXX LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXX GROUP UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by WHESSOE PIPING SYSTEMS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal CBI EASTERN ANSTALT By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] J. XXX XXXXXXXXX DE MEXICO, S.A. DE X.X. XXXXXXXXX MARINE MEXICO, S.A. DE C.V. SERVICIOS DE FABRICACION DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE X. X. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CHICAGO BRIDGE DE MÉXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. MCDERMOTT ASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS INTERNATIONAL, PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] CB&I EL DORADO, INC. CB&I LLC CHICAGO BRIDGE & IRON COMPANY J. XXX XXXXXXXXX TECHNOLOGY, INC. XXXXXX GASIFICATION TECHNOLOGY LICENSING LLC MCDERMOTT BLACKBIRD HOLDINGS, LLC XXXXXXXXX INVESTMENTS, LLC OPI VESSELS, INC. 000 XXXX XXXXXX LLC A & B BUILDERS, LTD. ASIA PACIFIC SUPPLY CO. ATLANTIC CONTINGENCY CONSTRUCTORS II, LLC ATLANTIS CONTRACTORS INC. CB&I CLEARFIELD, INC. CB&I CONNECTICUT, INC. CB&I FINANCIAL RESOURCES LLC CB&I GLOBAL, L.L.C. CB&I HOUSTON 06 LLC CB&I HOUSTON 07 LLC CB&I HOUSTON 08 LLC CB&I HOUSTON 09 LLC CB&I HOUSTON 10 LLC CB&I HOUSTON 11 LLC CB&I HOUSTON 12 LLC CB&I HOUSTON 13 LLC CB&I HOUSTON LLC CB&I TYLER LLC CBI AMERICAS LTD. CBI OVERSEAS (FAR EAST) INC. CBI US HOLDING COMPANY INC. CENTRAL TRADING COMPANY LTD. HBI HOLDINGS, LLC CB&I LAURENS, INC. CB&I NORTH CAROLINA, INC. CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CBI HOLDCO TWO INC. CHICAGO BRIDGE & IRON COMPANY (NETHERLANDS), LLC CONSTRUCTORS INTERNATIONAL, L.L.C. XXXX-XXXXX ENGINEERS, LTD. XXXX-XXXXX HOLDINGS, L.L.C. XXXX-XXXXX INTERNATIONAL MANAGEMENT, LLC XXXX-XXXXX INTERNATIONAL, L.L.C. XXXX-XXXXX MANAGEMENT, L.L.C. J. XXX XXXXXXXXX SOLUTIONS, INC. XXXXXX TECHNOLOGY INTERNATIONAL LLC XXXXXX TECHNOLOGY LLC XXXXXX TECHNOLOGY OVERSEAS LLC XXXXXX TECHNOLOGY SERVICES LLC XXXXXX TECHNOLOGY VENTURES LLC MATRIX ENGINEERING, LTD. MATRIX MANAGEMENT SERVICES, LLC MCDERMOTT ENGINEERING, LLC MCDERMOTT SUBSEA ENGINEERING, INC. NUCLEAR ENERGY HOLDINGS, L.L.C. PROSPECT INDUSTRIES (HOLDINGS) INC. XXXX CONNEX, INC. XXXX INTERNATIONAL INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES INTERNATIONAL, INC. SPARTEC, INC. TVL LENDER II, INC. CB&I PROJECT SERVICES GROUP, LLC CBI OVERSEAS, LLC LUTECH RESOURCES INC. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer J. XXX XXXXXXXXX HOLDINGS, LLC MCDERMOTT FINANCE L.L.C. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President, Treasurer [Signature Page to Amended and Restated Forbearance Agreement] MCDERMOTT SERVICOS OFFSHORE DO BRASIL LTDA. By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] HOLDERSHOLDERS AVENUE STRATEGIC OPPORTUNITIES FUND, L.P. By: Avenue Strategic Opportunities Fund GenPar, LLC, its General Partner By: GL Strategic Opportunities Partners, LLC, its Sole Member By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Member Principal Amount of Notes held: $4,000,000 SIGNATURE PAGE TO FORBEARANCE AGREEMENT CAPITAL RESEARCH AND MANAGEMENT COMPANY, for and on behalf of certain funds it manages By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Authorized Signatory Principal Amount of Notes held: $87,495,000.00 SIGNATURE PAGE TO FORBEARANCE AGREEMENT FPA SELECT DRAWDOWN FUND, LP By: /s/ E. Lake Xxxxxxx III Name: E. Lake Xxxxxxx III Title: Treasurer of the General Partner of First Pacific Advisors, LP Principal Amount of Notes held: $15,000,000 SIGNATURE PAGE TO FORBEARANCE AGREEMENT XXXXXX, XXXXXX & COMPANY, L.P., as investment manager on behalf of one or more accounts holding Notes By: Xxxxxx, Xxxxxx & Company, Incorporated, Its General Partner By: /s/ Xxxxxx X. Day Name: Xxxxxx X. Day Title: Assistant General Counsel Principal Amount of Notes held: $64,223,000 SIGNATURE PAGE TO FORBEARANCE AGREEMENT THE MANGROVE PARTNERS MASTER FUND, LTD. By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Authorization Person Principal Amount of Notes held: $32,000,000 SIGNATURE PAGE TO FORBEARANCE AGREEMENT XXXXX CAPITAL MANAGEMENT, LLC By: /s/ Xxxxx XxXxxxxx Name: Xxxxx XxXxxxxx Title: General Counsel and Chief Compliance Officer Principal Amount of Notes held: $152,000,000 SIGNATURE PAGE TO FORBEARANCE AGREEMENT [Additional signature pages on file with the Company.] SIGNATURE PAGE TO FORBEARANCE AGREEMENT Exhibit A FORM OF FORBEARANCE JOINDER AGREEMENT [●], 2019 XxXxxxxxx McDermott International, Inc. 000 X. Xxxxxxxx Parkway Houston, Texas 77079 Attention: [●] RE: Forbearance Agreement Ladies and Gentlemen: Reference is made to the Forbearance Agreement dated as of [●], 2019 entered into between the Issuers, the Company, the Guarantors, and the Holders party thereto (such Forbearance Agreement, as in effect on the date hereof and as it may hereafter be amended, supplemented or otherwise modified from time to time, together with this Forbearance Joinder Agreement, being the “Forbearance Agreement”). Any capitalized terms not defined in this Forbearance Joinder Agreement have the meanings given to them in the Forbearance Agreement.
Appears in 1 contract
Samples: Forbearance Agreement (McDermott International Inc)
HOLDING PTY. LIMITED. ACN 002 797 668 by its Attorney attorney under power of attorney which the Attorney attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Xxxxxx X. Xxxxxx Signature of Attorney Xxxxx Xxxxxxxx attorney Xxxxxx X. Xxxxxx Name of Attorney attorney (print) Executed by MCDERMOTT AUSTRALIA PTY. LTD. ACN 002 736 352 by its Attorney attorney under power of attorney which the Attorney attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Xxxxxx X. Xxxxxx Signature of Attorney Xxxxx Xxxxxxxx attorney Xxxxxx X. Xxxxxx Name of Attorney attorney (print) Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer [Signature Page to Amended and Restated Forbearance Agreement– Supplemental Indenture] Executed by CBI CONSTRUCTORS PTY. LTD. ACN 000 612 411 by its MCDERMOTT TECHNOLOGY (2), B.V. MCDERMOTT TECHNOLOGY (3), B.V. MCDERMOTT TECHNOLOGY, B.V. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement– Supplemental Indenture] CHICAGO BRIDGE & IRON (ANTILLES) N.V. XXXXXXXXX INTERNATIONAL MARINE INVESTMENTS N.V. MCDERMOTT OVERSEAS INVESTMENT CO. N.V. VARSY INTERNATIONAL N.V. By: /s/ Xxxxx Xxxxxxxx Xxxxxx X. Xxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney SIGNED AND DELIVERED for and on behalf of and as the deed of CB & I FINANCE COMPANY LIMITED by its lawfully appointed attorney XXXXX XXXXXXXX /s/ Xxxxx Xxxxxxxx in the presence of: Attorney (Signature of Witness): /s/ Xxxxx Xxxxx (Name of Witness): Xxxxx Xxxxx (Address of Witness): 000 Xxxxxx X. Xxxxxxxx Pkwy Houston, TX 77079 (Occupation of Witness): Paralegal Executed and Delivered as a Deed by XXXXX & CO LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I CONSTRUCTORS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I GROUP UK HOLDINGS By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I HOLDINGS (UK) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I LONDON By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I PADDINGTON LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I POWER LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CBI UK CAYMAN ACQUISITION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXXXX CONSULTANTS INTERNATIONAL LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by LUTECH RESOURCES LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by OXFORD METAL SUPPLY LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by PIPEWORK ENGINEERING AND DEVELOPMENTS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXX XXXX LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXX GROUP UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by WHESSOE PIPING SYSTEMS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal CBI EASTERN ANSTALT By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] J. XXX XXXXXXXXX DE MEXICO, S.A. DE X.X. XXXXXXXXX MARINE MEXICO, S.A. DE C.V. SERVICIOS DE FABRICACION DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE X. X. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CHICAGO BRIDGE DE MÉXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Xxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement– Supplemental Indenture] CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. MCDERMOTT ASIA PACIFIC PTE. LTD. XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: /s/ Xxxxx Xxxx X. Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS INTERNATIONAL, PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] CB&I EL DORADO, INC. CB&I LLC CHICAGO BRIDGE & IRON COMPANY J. XXX XXXXXXXXX TECHNOLOGY, INC. XXXXXX GASIFICATION TECHNOLOGY LICENSING LLC MCDERMOTT BLACKBIRD HOLDINGS, LLC XXXXXXXXX INVESTMENTS, LLC OPI VESSELS, INC. 000 XXXX XXXXXX LLC A & B BUILDERS, LTD. ASIA PACIFIC SUPPLY CO. ATLANTIC CONTINGENCY CONSTRUCTORS II, LLC ATLANTIS CONTRACTORS INC. CB&I CLEARFIELD, INC. CB&I CONNECTICUT, INC. CB&I FINANCIAL RESOURCES LLC CB&I GLOBAL, L.L.C. CB&I HOUSTON 06 LLC CB&I HOUSTON 07 LLC CB&I HOUSTON 08 LLC CB&I HOUSTON 09 LLC CB&I HOUSTON 10 LLC CB&I HOUSTON 11 LLC CB&I HOUSTON 12 LLC CB&I HOUSTON 13 LLC CB&I HOUSTON LLC CB&I TYLER LLC CBI AMERICAS LTD. CBI OVERSEAS (FAR EAST) INC. CBI US HOLDING COMPANY INC. CENTRAL TRADING COMPANY LTD. HBI HOLDINGS, LLC CB&I LAURENS, INC. CB&I NORTH CAROLINA, INC. CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CBI HOLDCO TWO INC. CHICAGO BRIDGE & IRON COMPANY (NETHERLANDS), LLC CONSTRUCTORS INTERNATIONAL, L.L.C. XXXX-XXXXX ENGINEERS, LTD. XXXX-XXXXX HOLDINGS, L.L.C. XXXX-XXXXX INTERNATIONAL MANAGEMENT, LLC XXXX-XXXXX INTERNATIONAL, L.L.C. XXXX-XXXXX MANAGEMENT, L.L.C. J. XXX XXXXXXXXX SOLUTIONS, INC. XXXXXX TECHNOLOGY INTERNATIONAL LLC XXXXXX TECHNOLOGY LLC XXXXXX TECHNOLOGY OVERSEAS LLC XXXXXX TECHNOLOGY SERVICES LLC XXXXXX TECHNOLOGY VENTURES LLC MATRIX ENGINEERING, LTD. MATRIX MANAGEMENT SERVICES, LLC MCDERMOTT ENGINEERING, LLC MCDERMOTT SUBSEA ENGINEERING, INC. NUCLEAR ENERGY HOLDINGS, L.L.C. PROSPECT INDUSTRIES (HOLDINGS) INC. XXXX CONNEX, INC. XXXX INTERNATIONAL INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES INTERNATIONAL, INC. SPARTEC, INC. TVL LENDER II, INC. CB&I PROJECT SERVICES GROUP, LLC CBI OVERSEAS, LLC LUTECH RESOURCES INC. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer J. XXX XXXXXXXXX HOLDINGS, LLC MCDERMOTT FINANCE L.L.C. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxx X. Xxxxxxxx Title: Vice President, Treasurer [Signature Page to Amended and Restated Forbearance Agreement] MCDERMOTT SERVICOS OFFSHORE DO BRASIL LTDA. By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] HOLDERS: [Additional signature pages on file with the Company.] SIGNATURE PAGE TO FORBEARANCE AGREEMENT Exhibit A FORM OF FORBEARANCE JOINDER AGREEMENT [●], 2019 XxXxxxxxx International, Inc. 000 X. Xxxxxxxx Parkway Houston, Texas 77079 Attention: [●] RE: Forbearance Agreement Ladies and Gentlemen: Reference is made to the Forbearance Agreement dated as of [●], 2019 entered into between the Issuers, the Company, the Guarantors, and the Holders party thereto (such Forbearance Agreement, as in effect on the date hereof and as it may hereafter be amended, supplemented or otherwise modified from time to time, together with this Forbearance Joinder Agreement, being the “Forbearance Agreement”). Any capitalized terms not defined in this Forbearance Joinder Agreement have the meanings given to them in the Forbearance Agreement.
Appears in 1 contract
Samples: Supplemental Indenture (McDermott International Inc)
HOLDING PTY. LIMITED. ACN 002 797 668 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print\(print) Executed by MCDERMOTT AUSTRALIA PTY. LTD. ACN 002 736 352 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT Executed by CBI CONSTRUCTORS PTY. LTD. ACN 000 612 411 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT CHICAGO BRIDGE & IRON (ANTILLES) N.V. XXXXXXXXX INTERNATIONAL MARINE INVESTMENTS N.V. MCDERMOTT OVERSEAS INVESTMENT CO. N.V. VARSY INTERNATIONAL N.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT SIGNED AND DELIVERED for and on behalf of and as the deed of CB & I FINANCE COMPANY LIMITED by its lawfully appointed attorney XXXXX XXXXXXXX /s/ Xxxxx Xxxxxxxx in the presence of: Attorney (Signature of Witness): /s/ Xxxxx Xxxxx Xxxxxx (Name of Witness): Xxxxx Xxxxx Xxxxxx (Address of Witness): 000 X. Xxxxxxxx Pkwy HoustonXxxx Xx. Xxxxxxx, TX 77079 XX 00000 (Occupation of Witness): Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by XXXXX & CO LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I CONSTRUCTORS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I GROUP UK HOLDINGS By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by CB&I HOLDINGS (UK) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Xxxxxx Name: Xxxxx Xxxxxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I LONDON By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I PADDINGTON LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by CB&I POWER LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CB&I UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by CBI UK CAYMAN ACQUISITION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by XXXXXX CONSULTANTS INTERNATIONAL LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by LUTECH RESOURCES LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by OXFORD METAL SUPPLY LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by PIPEWORK ENGINEERING AND DEVELOPMENTS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by XXXX XXXX LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by XXXX GROUP UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by WHESSOE PIPING SYSTEMS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal Partner Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer Witnessed By: /s/ Xxxxx Xxxxx Xxxxxx Name: Xxxxx Xxxxx Xxxxxx Title: Paralegal CBI EASTERN ANSTALT By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] J. XXX XXXXXXXXX DE MEXICO, S.A. DE X.X. XXXXXXXXX MARINE MEXICO, S.A. DE C.V. SERVICIOS DE FABRICACION DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE X. X. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CHICAGO BRIDGE DE MÉXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] CHARTERING COMPANY (SINGAPORE) PTEPartner SIGNATURE PAGE TO AMENDMENT NO. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. MCDERMOTT ASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS INTERNATIONAL, PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] 2 TO SUPERPRIORITY CREDIT AGREEMENT CB&I EL DORADO, INC. CB&I LLC CHICAGO BRIDGE & IRON COMPANY J. XXX XXXXXXXXX TECHNOLOGY, INC. XXXXXX GASIFICATION TECHNOLOGY LICENSING LLC MCDERMOTT BLACKBIRD HOLDINGS, LLC XXXXXXXXX INVESTMENTS, LLC OPI VESSELS, INC. 000 XXXX XXXXXX LLC A & B BUILDERS, LTD. ASIA PACIFIC SUPPLY CO. ATLANTIC CONTINGENCY CONSTRUCTORS II, LLC ATLANTIS CONTRACTORS INC. CB&I CLEARFIELD, INC. CB&I CONNECTICUT, INC. CB&I FINANCIAL RESOURCES LLC CB&I GLOBAL, L.L.C. CB&I HOUSTON 06 LLC CB&I HOUSTON 07 LLC CB&I HOUSTON 08 LLC CB&I HOUSTON 09 LLC CB&I HOUSTON 10 LLC CB&I HOUSTON 11 LLC CB&I HOUSTON 12 LLC CB&I HOUSTON 13 LLC CB&I HOUSTON LLC CB&I TYLER LLC CBI AMERICAS LTD. CBI OVERSEAS (FAR EAST) INC. CBI US HOLDING COMPANY INC. CENTRAL TRADING COMPANY LTD. HBI HOLDINGS, LLC CB&I LAURENS, INC. CB&I NORTH CAROLINA, INC. CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CBI HOLDCO TWO INC. CHICAGO BRIDGE & IRON COMPANY (NETHERLANDS), LLC CONSTRUCTORS INTERNATIONAL, L.L.C. XXXX-XXXXX ENGINEERS, LTD. XXXX-XXXXX HOLDINGS, L.L.C. XXXX-XXXXX INTERNATIONAL MANAGEMENT, LLC XXXX-XXXXX INTERNATIONAL, L.L.C. XXXX-XXXXX MANAGEMENT, L.L.C. J. XXX XXXXXXXXX SOLUTIONS, INC. XXXXXX TECHNOLOGY INTERNATIONAL LLC XXXXXX TECHNOLOGY LLC XXXXXX TECHNOLOGY OVERSEAS LLC XXXXXX TECHNOLOGY SERVICES LLC XXXXXX TECHNOLOGY VENTURES LLC MATRIX ENGINEERING, LTD. MATRIX MANAGEMENT SERVICES, LLC MCDERMOTT ENGINEERING, LLC MCDERMOTT SUBSEA ENGINEERING, INC. NUCLEAR ENERGY HOLDINGS, L.L.C. PROSPECT INDUSTRIES (HOLDINGS) INC. XXXX CONNEX, INC. XXXX INTERNATIONAL INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES INTERNATIONAL, INC. SPARTEC, INC. TVL LENDER II, INC. CB&I PROJECT SERVICES GROUP, LLC CBI OVERSEAS, LLC LUTECH RESOURCES INC. MCDERMOTT TECHNOLOGY, LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT J. XXX XXXXXXXXX HOLDINGS, LLC MCDERMOTT FINANCE L.L.C. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President, Treasurer [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT J. XXX XXXXXXXXX DE MÉXICO, S.A. DE X.X. XXXXXXXXX MARINE MÉXICO, S.A. DE C.V. SERVICIOS DE FABRICACIÓN DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE X.X. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer CHICAGO BRIDGE DE MÉXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. MCDERMOTT SERVICOS OFFSHORE DO BRASIL LTDAASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx X. Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS INTERNATIONAL, PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person SIGNATURE PAGE TO AMENDMENT NO. 2 TO SUPERPRIORITY CREDIT AGREEMENT CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Signatory AMENDMENT NO. 2 SIGNATURE PAGE ADMINISTRATIVE AGENT OF THE REVOLVING CREDIT FACILITY: CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Revolving Administrative Agent, Issuer and Revolving Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Attorney Managing Director By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Director ACKNOWLEDGED AND AGREED WITH RESPECT TO ITS OBLIGATIONS UNDER ARTICLE XIII OF THE CREDIT AGREEMENT: CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Revolving Administrative Agent, Issuer and Revolving Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Director ADMINISTRATIVE AGENT OF THE TERM FACILITY: BARCLAYS BANK PLC, as Administrative Agent for the Term Facility By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director BARCLAYS BANK PLC, as an Issuer By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director BARCLAYS BANK PLC, as a Revolving Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director ABN AMRO CAPITAL USA LLC, as a Revolving Lender and Issuer By: /s/ Xxxxxxx Xxxxxxx, Xx. Name: Xxxxxxx Xxxxxxx, Xx. Title: Director By: /s/ X. Xxxxx Name: X. Xxxxx Title: Director AMENDMENT NO. 2 SIGNATURE PAGE ROYAL BANK OF CANADA, as a Revolving Lender and Issuer By: /s/ H. Xxxxxxxxxxx XxXxxxxx Name: H. Xxxxxxxxxxx XxXxxxxx Title: Authorized Signatory [Term Lender Signature Page to Amended and Restated Forbearance Agreement] HOLDERS: [Additional signature pages Pages on file File with the Company.] SIGNATURE PAGE TO FORBEARANCE AGREEMENT Exhibit A FORM OF FORBEARANCE JOINDER AGREEMENT [●Term Loan Administrative Agent], 2019 XxXxxxxxx International, Inc. 000 X. Xxxxxxxx Parkway Houston, Texas 77079 Attention: [●] RE: Forbearance Agreement Ladies and Gentlemen: Reference is made to the Forbearance Agreement dated as of [●], 2019 entered into between the Issuers, the Company, the Guarantors, and the Holders party thereto (such Forbearance Agreement, as in effect on the date hereof and as it may hereafter be amended, supplemented or otherwise modified from time to time, together with this Forbearance Joinder Agreement, being the “Forbearance Agreement”). Any capitalized terms not defined in this Forbearance Joinder Agreement have the meanings given to them in the Forbearance Agreement.
Appears in 1 contract
HOLDING PTY. LIMITEDLimited. ACN 002 797 668 acting by its Attorney under power of attorney which the Attorney has received no notice following persons or, if the seal is affixed, witnessed by the following persons in accordance with s127 of the revocation of the powerCorporations Xxx 0000: /s/ Xxxxx Xxxxxxxx XXXX XXXX XXXXXXXXXXX /s/ XXXXXXX XXXXXX XXXXXX Signature of Attorney Xxxxx Xxxxxxxx director Signature of director/company secretary Xxxx Xxxx Xxxxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx Name of Attorney director (print) Name of director (print) Executed by MCDERMOTT AUSTRALIA PTYMcdermott Australia Pty. LTD. Ltd. ACN 002 736 352 acting by its Attorney under power of attorney which the Attorney has received no notice following persons or, if the seal is affixed, witnessed by the following persons in accordance with s127 of the revocation of the powerCorporations Xxx 0000: /s/ Xxxxx Xxxxxxxx XXXX XXXX XXXXXXXXXXX /s/ XXXXXXX XXXXXX XXXXXX Signature of Attorney Xxxxx Xxxxxxxx director Signature of director Xxxx Xxxx Xxxxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx Name of Attorney director (print) [Signature Page to Amended and Restated Forbearance Agreement] Executed by CBI CONSTRUCTORS PTY. LTD. ACN 000 612 411 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney director (print) [Signature Page to Amended Second Supplemental Indenture and Restated Forbearance Agreement] CHICAGO BRIDGE & IRON (ANTILLES) N.V. Guarantee EXECUTED AND DELIVERED as deed on behalf of J. XXX XXXXXXXXX INTERNATIONAL MARINE INVESTMENTS N.V. MCDERMOTT OVERSEAS INVESTMENT COVESSELS, LTD. N.V. VARSY INTERNATIONAL N.V. By: /s/ Xxxxx Xxxxxxxx XXXXX X. XXXXXXX Name: Xxxxx Xxxxxxxx X. Xxxxxxx Title: Attorney SIGNED AND DELIVERED for and on behalf of and as the deed of CB & I FINANCE COMPANY LIMITED by its lawfully appointed attorney XXXXX XXXXXXXX /s/ Xxxxx Xxxxxxxx in the presence of: Attorney (Signature of Witness): /s/ Xxxxx Xxxxx (Name of Witness): Xxxxx Xxxxx (Address of Witness): 000 X. Xxxxxxxx Pkwy Houston, TX 77079 (Occupation of Witness): Paralegal Executed and Delivered as a Deed by XXXXX & CO LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I CONSTRUCTORS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I GROUP UK HOLDINGS By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I HOLDINGS (UK) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I LONDON By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I PADDINGTON LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I POWER LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CBI UK CAYMAN ACQUISITION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXXXX CONSULTANTS INTERNATIONAL LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by LUTECH RESOURCES LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by OXFORD METAL SUPPLY LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by PIPEWORK ENGINEERING AND DEVELOPMENTS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXX XXXX LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXX GROUP UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by WHESSOE PIPING SYSTEMS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer Witnessed By: /s/ Xxxxx Xxxxx XXXXXX X. XXXXXX Name: Xxxxx Xxxxx Title: Paralegal CBI EASTERN ANSTALT By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] J. XXX XXXXXXXXX DE MEXICO, S.A. DE X.X. XXXXXXXXX MARINE MEXICO, S.A. DE C.V. SERVICIOS DE FABRICACION DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE Xxxxxx X. X. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Xxxxxx Title: Assistant Treasurer CHICAGO BRIDGE DE MÉXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. Secretary EXECUTED AND DELIVERED as deed on behalf of MCDERMOTT ASIA PACIFIC PTE. CAYMAN LTD. By: /s/ Xxxxx Xxxxxxxx XXXXX X. XXXXXXX Name: Xxxxx Xxxxxxxx X. Xxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS Witnessed By: /s/ XXXXXX X. XXXXXX Name: Xxxxxx X. Xxxxxx Title: Assistant Secretary EXECUTED AND DELIVERED as deed on behalf of OFFSHORE PIPELINES INTERNATIONAL, PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE PTE. LTD. By: /s/ Xxxxx Xxxxxxxx XXXXX X. XXXXXXX Name: Xxxxx X. Xxxxxxx Title: Assistant Treasurer Witnessed By: /s/ XXXXXX X. XXXXXX Name: Xxxxxx X. Xxxxxx Title: Assistant Secretary Second Supplemental Indenture and Guarantee XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: /s/ XXXXXXX X. XXXXXXXX Name: Xxxxxxx X. Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] CB&I EL DORADOVice President XXXXX FARGO BANK, INC. CB&I LLC CHICAGO BRIDGE & IRON COMPANY J. XXX XXXXXXXXX TECHNOLOGYNATIONAL ASSOCIATION, INC. XXXXXX GASIFICATION TECHNOLOGY LICENSING LLC MCDERMOTT BLACKBIRD HOLDINGS, LLC XXXXXXXXX INVESTMENTS, LLC OPI VESSELS, INC. 000 XXXX XXXXXX LLC A & B BUILDERS, LTD. ASIA PACIFIC SUPPLY CO. ATLANTIC CONTINGENCY CONSTRUCTORS II, LLC ATLANTIS CONTRACTORS INC. CB&I CLEARFIELD, INC. CB&I CONNECTICUT, INC. CB&I FINANCIAL RESOURCES LLC CB&I GLOBAL, L.L.C. CB&I HOUSTON 06 LLC CB&I HOUSTON 07 LLC CB&I HOUSTON 08 LLC CB&I HOUSTON 09 LLC CB&I HOUSTON 10 LLC CB&I HOUSTON 11 LLC CB&I HOUSTON 12 LLC CB&I HOUSTON 13 LLC CB&I HOUSTON LLC CB&I TYLER LLC CBI AMERICAS LTD. CBI OVERSEAS (FAR EAST) INC. CBI US HOLDING COMPANY INC. CENTRAL TRADING COMPANY LTD. HBI HOLDINGS, LLC CB&I LAURENS, INC. CB&I NORTH CAROLINA, INC. CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CBI HOLDCO TWO INC. CHICAGO BRIDGE & IRON COMPANY (NETHERLANDS), LLC CONSTRUCTORS INTERNATIONAL, L.L.C. XXXX-XXXXX ENGINEERS, LTD. XXXX-XXXXX HOLDINGS, L.L.C. XXXX-XXXXX INTERNATIONAL MANAGEMENT, LLC XXXX-XXXXX INTERNATIONAL, L.L.C. XXXX-XXXXX MANAGEMENT, L.L.C. J. XXX XXXXXXXXX SOLUTIONS, INC. XXXXXX TECHNOLOGY INTERNATIONAL LLC XXXXXX TECHNOLOGY LLC XXXXXX TECHNOLOGY OVERSEAS LLC XXXXXX TECHNOLOGY SERVICES LLC XXXXXX TECHNOLOGY VENTURES LLC MATRIX ENGINEERING, LTD. MATRIX MANAGEMENT SERVICES, LLC MCDERMOTT ENGINEERING, LLC MCDERMOTT SUBSEA ENGINEERING, INC. NUCLEAR ENERGY HOLDINGS, L.L.C. PROSPECT INDUSTRIES (HOLDINGS) INC. XXXX CONNEX, INC. XXXX INTERNATIONAL INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES INTERNATIONAL, INC. SPARTEC, INC. TVL LENDER II, INC. CB&I PROJECT SERVICES GROUP, LLC CBI OVERSEAS, LLC LUTECH RESOURCES INC. as Collateral Agent By: /s/ Xxxxx Xxxxxxxx XXXXXXX X. XXXXXXXX Name: Xxxxx Xxxxxxxx Title: Treasurer J. XXX XXXXXXXXX HOLDINGS, LLC MCDERMOTT FINANCE L.L.C. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxx X. Xxxxxxxx Title: Vice President, Treasurer [Signature Page to Amended and Restated Forbearance Agreement] MCDERMOTT SERVICOS OFFSHORE DO BRASIL LTDA. By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] HOLDERS: [Additional signature pages on file with the Company.] SIGNATURE PAGE TO FORBEARANCE AGREEMENT Exhibit A FORM OF FORBEARANCE JOINDER AGREEMENT [●], 2019 XxXxxxxxx International, Inc. 000 X. Xxxxxxxx Parkway Houston, Texas 77079 Attention: [●] RE: Forbearance Agreement Ladies and Gentlemen: Reference is made to the Forbearance Agreement dated as of [●], 2019 entered into between the Issuers, the Company, the Guarantors, and the Holders party thereto (such Forbearance Agreement, as in effect on the date hereof and as it may hereafter be amended, supplemented or otherwise modified from time to time, together with this Forbearance Joinder Agreement, being the “Forbearance Agreement”). Any capitalized terms not defined in this Forbearance Joinder Agreement have the meanings given to them in the Forbearance Agreement.
Appears in 1 contract
Samples: Supplemental Indenture and Guarantee (McDermott International Inc)
HOLDING PTY. LIMITED. ACN 002 797 668 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) Executed by MCDERMOTT AUSTRALIA PTY. LTD. ACN 002 736 352 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT Executed by CBI CONSTRUCTORS PTY. LTD. ACN 000 612 411 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT CHICAGO BRIDGE & IRON (ANTILLES) N.V. XXXXXXXXX INTERNATIONAL MARINE INVESTMENTS N.V. MCDERMOTT OVERSEAS INVESTMENT CO. N.V. VARSY INTERNATIONAL N.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT SIGNED AND DELIVERED for and on behalf of and as the deed of CB & I FINANCE COMPANY LIMITED by its lawfully appointed attorney XXXXX XXXXXXXX /s/ Xxxxx Xxxxxxxx in the presence of: /s/ Xxxxx Xxxxxxxx Attorney (Signature of Witness): /s/ Xxxxx Xxxxx (Name of Witness): Xxxxx Xxxxx (Address of Witness): 000 X. Xxxxxxxx Pkwy Houston, TX 77079 (Occupation of Witness): Paralegal SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by XXXXX & CO LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I CONSTRUCTORS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I GROUP UK HOLDINGS By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by CB&I HOLDINGS (UK) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Xxxxx Name: Xxxxx Xxxxxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I LONDON By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I PADDINGTON LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by CB&I POWER LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CBI UK CAYMAN ACQUISITION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by XXXXXX CONSULTANTS INTERNATIONAL LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by LUTECH RESOURCES LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by OXFORD METAL SUPPLY LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by PIPEWORK ENGINEERING AND DEVELOPMENTS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXX XXXX LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by XXXX GROUP UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by WHESSOE PIPING SYSTEMS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal CBI EASTERN ANSTALT By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] J. XXX XXXXXXXXX DE MEXICO, S.A. DE X.X. XXXXXXXXX MARINE MEXICO, S.A. DE C.V. SERVICIOS DE FABRICACION DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE X. X. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CHICAGO BRIDGE DE MÉXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. MCDERMOTT ASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS INTERNATIONAL, PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT CB&I EL DORADO, INC. CB&I LLC CHICAGO BRIDGE & IRON COMPANY J. XXX XXXXXXXXX TECHNOLOGY, INC. XXXXXX GASIFICATION TECHNOLOGY LICENSING LLC MCDERMOTT BLACKBIRD HOLDINGS, LLC XXXXXXXXX INVESTMENTS, LLC OPI VESSELS, INC. 000 XXXX XXXXXX LLC A & B BUILDERS, LTD. ASIA PACIFIC SUPPLY CO. ATLANTIC CONTINGENCY CONSTRUCTORS II, LLC ATLANTIS CONTRACTORS INC. CB&I CLEARFIELD, INC. CB&I CONNECTICUT, INC. CB&I FINANCIAL RESOURCES LLC CB&I GLOBAL, L.L.C. CB&I HOUSTON 06 LLC CB&I HOUSTON 07 LLC CB&I HOUSTON 08 LLC CB&I HOUSTON 09 LLC CB&I HOUSTON 10 LLC CB&I HOUSTON 11 LLC CB&I HOUSTON 12 LLC CB&I HOUSTON 13 LLC CB&I HOUSTON LLC CB&I TYLER LLC CBI AMERICAS LTD. CBI OVERSEAS (FAR EAST) INC. CBI US HOLDING COMPANY INC. CENTRAL TRADING COMPANY LTD. HBI HOLDINGS, LLC CB&I LAURENS, INC. CB&I NORTH CAROLINA, INC. CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CBI HOLDCO TWO INC. CHICAGO BRIDGE & IRON COMPANY (NETHERLANDS), LLC CONSTRUCTORS INTERNATIONAL, L.L.C. XXXX-XXXXX ENGINEERS, LTD. XXXX-XXXXX HOLDINGS, L.L.C. XXXX-XXXXX INTERNATIONAL MANAGEMENT, LLC XXXX-XXXXX INTERNATIONAL, L.L.C. XXXX-XXXXX MANAGEMENT, L.L.C. J. XXX XXXXXXXXX SOLUTIONS, INC. XXXXXX TECHNOLOGY INTERNATIONAL LLC XXXXXX TECHNOLOGY LLC XXXXXX TECHNOLOGY OVERSEAS LLC XXXXXX TECHNOLOGY SERVICES LLC XXXXXX TECHNOLOGY VENTURES LLC MATRIX ENGINEERING, LTD. MATRIX MANAGEMENT SERVICES, LLC MCDERMOTT ENGINEERING, LLC MCDERMOTT SUBSEA ENGINEERING, INC. NUCLEAR ENERGY HOLDINGS, L.L.C. PROSPECT INDUSTRIES (HOLDINGS) INC. XXXX CONNEX, INC. XXXX INTERNATIONAL INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES INTERNATIONAL, INC. SPARTEC, INC. TVL LENDER II, INC. CB&I PROJECT SERVICES GROUP, LLC CBI OVERSEAS, LLC LUTECH RESOURCES INC. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT J. XXX XXXXXXXXX HOLDINGS, LLC MCDERMOTT FINANCE L.L.C. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President, Treasurer [Signature Page to Amended and Restated Forbearance Agreement] MCDERMOTT SERVICOS OFFSHORE DO BRASIL LTDASIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT XXXX BENECO, INC. XXXX MANAGEMENT SERVICES ONE, INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES, INC. XXXX INTERNATIONAL MANAGEMENT SERVICES TWO, INC. XXXX POWER TECHNOLOGIES, INC. By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: President SIGNATURE PAGE TO AMENDMENT TO SUPERPRIORITY CREDIT AGREEMENT ADMINISTRATIVE AGENT OF THE REVOLVING CREDIT FACILITY: CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Revolving Administrative Agent, Issuer and Revolving Lender By: /s/ Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Attorney [Signature Page to Amended Managing Director By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Director ACKNOWLEDGED AND AGREED WITH RESPECT TO ITS OBLIGATIONS UNDER ARTICLE XIII OF THE CREDIT AGREEMENT: CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Revolving Administrative Agent, Issuer and Restated Forbearance Agreement] HOLDERSRevolving Lender By: [Additional signature pages on /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Director ADMINISTRATIVE AGENT OF THE TERM FACILITY: BARCLAYS BANK PLC, as Administrative Agent for the Term Facility By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director BARCLAYS BANK PLC, as a Revolving Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director BARCLAYS BANK PLC, as an Issuer By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director AMENDMENT NO. 1 SIGNATURE PAGE BARCLAYS BANK PLC, as a Term Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director ABN AMRO CAPITAL USA LLC, as a Revolving Lender and Issuer By: /s/ Xxxxxxx Xxxxxxx, Xx. Name: Xxxxxxx Xxxxxxx, Xx. Title: Director By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Executive Director ROYAL BANK OF CANADA, as a Revolving Lender and Issuer By: /s/ H. Xxxxxxxxxxx XxXxxxxx Name: H. Xxxxxxxxxxx XxXxxxxx Title: Authorized Signatory AMENDMENT NO. 1 SIGNATURE PAGE LENDER: On file with the CompanyAdministrative Agent. AMENDMENT NO. 1 SIGNATURE PAGE Exhibit A [Amended Credit Agreement] [See attached.] SIGNATURE PAGE TO FORBEARANCE ExecutionVersion[Exhibit A to Amendment No. 1 to Superpriority Credit Agreement] SUPERPRIORITY SENIOR SECURED CREDIT AGREEMENT Exhibit A FORM OF FORBEARANCE JOINDER AGREEMENT [●]Dated as of October 21, 2019 XxXxxxxxx Internationalamong MCDERMOTT TECHNOLOGY (AMERICAS), Inc. 000 X. Xxxxxxxx Parkway HoustonINC., Texas 77079 Attention: [●] RE: Forbearance Agreement Ladies and Gentlemen: Reference is made to the Forbearance Agreement dated as of [●]MCDERMOTT TECHNOLOGY (US), 2019 entered into between the Issuers, the Company, the GuarantorsINC., and the Holders party thereto (such Forbearance AgreementMCDERMOTT TECHNOLOGY, B.V., as in effect on Borrowers and XXXXXXXXX INTERNATIONAL, INC., as Parent and THE LENDERS AND ISSUERS PARTY HERETO and CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Revolving Administrative Agent and BARCLAYS BANK PLC, as Term Loan Administrative Agent and BARCLAYS BANK PLC, CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK ABN AMRO Capital US LLC ROYAL BANK OF CANADA as Lead Arrangers TABLE OF CONTENTS PAGE ARTICLE I Definitions, Interpretation And Accounting Terms 1 Section 1.1 Defined Terms 1 Section 1.2 Computation of Time Periods 49 Section 1.3 Accounting Terms and Principles 49 Section 1.4 Certain Terms 4950 Section 1.5 Dutch Terms 5051 ARTICLE II The Loans and Letters of Credit 52 Section 2.1 Term Commitments 52 Section 2.2 Borrowing Procedures for the date hereof and as it may hereafter be amended, supplemented or otherwise modified from time to time, together with this Forbearance Joinder Agreement, being the “Forbearance Agreement”). Any capitalized terms not defined in this Forbearance Joinder Agreement have the meanings given to them in the Forbearance Agreement.Loans 53 Section 2.3 [Reserved] 5556
Appears in 1 contract
HOLDING PTY. LIMITED. ACN 002 797 668 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) Executed by MCDERMOTT AUSTRALIA PTY. LTD. ACN 002 736 352 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 2 SIGNATURE PAGE Executed by CBI CONSTRUCTORS PTY. LTD. ACN 000 612 411 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 2 SIGNATURE PAGE CHICAGO BRIDGE & IRON (ANTILLES) N.V. XXXXXXXXX INTERNATIONAL MARINE INVESTMENTS N.V. MCDERMOTT OVERSEAS INVESTMENT CO. N.V. VARSY INTERNATIONAL N.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney AMENDMENT NO. 2 SIGNATURE PAGE SIGNED AND DELIVERED for and on behalf of and as the deed of CB & I FINANCE COMPANY LIMITED by its lawfully appointed attorney XXXXX XXXXXXXX /s/ Xxxxx Xxxxxxxx in the presence of: Attorney (Signature of Witness): /s/ Xxxxx Xxxxx (Name of Witness): Xxxxx Xxxxx (Address of Witness): 000 X. Xxxxxxxx Pkwy Houston, TX 77079 (Occupation of Witness): Paralegal AMENDMENT NO. 2 SIGNATURE PAGE Executed and Delivered as a Deed by XXXXX & CO LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I CONSTRUCTORS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I GROUP UK HOLDINGS By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal AMENDMENT NO. 2 SIGNATURE PAGE Executed and Delivered as a Deed by CB&I HOLDINGS (UK) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Xxxxx Name: Xxxxx Xxxxxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I LONDON By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I PADDINGTON LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal AMENDMENT NO. 2 SIGNATURE PAGE Executed and Delivered as a Deed by CB&I POWER LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CBI UK CAYMAN ACQUISITION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal AMENDMENT NO. 2 SIGNATURE PAGE Executed and Delivered as a Deed by XXXXXX CONSULTANTS INTERNATIONAL LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by LUTECH RESOURCES LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by OXFORD METAL SUPPLY LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal AMENDMENT NO. 2 SIGNATURE PAGE Executed and Delivered as a Deed by PIPEWORK ENGINEERING AND DEVELOPMENTS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXX XXXX LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal AMENDMENT NO. 2 SIGNATURE PAGE Executed and Delivered as a Deed by XXXX GROUP UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by WHESSOE PIPING SYSTEMS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal AMENDMENT NO. 2 SIGNATURE PAGE Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal AMENDMENT NO. 2 SIGNATURE PAGE CBI EASTERN ANSTALT By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 2 SIGNATURE PAGE J. XXX XXXXXXXXX DE MEXICO, S.A. DE X.X. XXXXXXXXX MARINE MEXICO, S.A. DE C.V. SERVICIOS DE FABRICACION DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE X. X. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CHICAGO BRIDGE DE MÉXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 2 SIGNATURE PAGE CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 2 SIGNATURE PAGE CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. MCDERMOTT ASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS INTERNATIONAL, PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 2 SIGNATURE PAGE CB&I EL DORADO, INC. CB&I LLC CHICAGO BRIDGE & IRON COMPANY J. XXX XXXXXXXXX TECHNOLOGY, INC. XXXXXX GASIFICATION TECHNOLOGY LICENSING LLC MCDERMOTT BLACKBIRD HOLDINGS, LLC XXXXXXXXX INVESTMENTS, LLC OPI VESSELS, INC. 000 XXXX XXXXXX LLC A & B BUILDERS, LTD. ASIA PACIFIC SUPPLY CO. ATLANTIC CONTINGENCY CONSTRUCTORS II, LLC ATLANTIS CONTRACTORS INC. CB&I CLEARFIELD, INC. CB&I CONNECTICUT, INC. CB&I FINANCIAL RESOURCES LLC CB&I GLOBAL, L.L.C. CB&I HOUSTON 06 LLC CB&I HOUSTON 07 LLC CB&I HOUSTON 08 LLC CB&I HOUSTON 09 LLC CB&I HOUSTON 10 LLC CB&I HOUSTON 11 LLC CB&I HOUSTON 12 LLC CB&I HOUSTON 13 LLC CB&I HOUSTON LLC CB&I TYLER LLC CBI AMERICAS LTD. CBI OVERSEAS (FAR EAST) INC. CBI US HOLDING COMPANY INC. CENTRAL TRADING COMPANY LTD. HBI HOLDINGS, LLC CB&I LAURENS, INC. CB&I NORTH CAROLINA, INC. CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CBI HOLDCO TWO INC. CHICAGO BRIDGE & IRON COMPANY (NETHERLANDS), LLC CONSTRUCTORS INTERNATIONAL, L.L.C. XXXX-XXXXX ENGINEERS, LTD. XXXX-XXXXX HOLDINGS, L.L.C. XXXX-XXXXX INTERNATIONAL MANAGEMENT, LLC XXXX-XXXXX INTERNATIONAL, L.L.C. XXXX-XXXXX MANAGEMENT, L.L.C. J. XXX XXXXXXXXX SOLUTIONS, INC. XXXXXX TECHNOLOGY INTERNATIONAL LLC XXXXXX TECHNOLOGY LLC XXXXXX TECHNOLOGY OVERSEAS LLC XXXXXX TECHNOLOGY SERVICES LLC XXXXXX TECHNOLOGY VENTURES LLC MATRIX ENGINEERING, LTD. MATRIX MANAGEMENT SERVICES, LLC MCDERMOTT ENGINEERING, LLC MCDERMOTT SUBSEA ENGINEERING, INC. NUCLEAR ENERGY HOLDINGS, L.L.C. PROSPECT INDUSTRIES (HOLDINGS) INC. XXXX CONNEX, INC. XXXX INTERNATIONAL INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES INTERNATIONAL, INC. SPARTEC, INC. TVL LENDER II, INC. CB&I PROJECT SERVICES GROUP, LLC CBI OVERSEAS, LLC LUTECH RESOURCES INC. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer AMENDMENT NO. 2 SIGNATURE PAGE J. XXX XXXXXXXXX HOLDINGS, LLC MCDERMOTT FINANCE L.L.C. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President, Treasurer [Signature Page to Amended and Restated Forbearance Agreement] AMENDMENT NO. 2 SIGNATURE PAGE MCDERMOTT SERVICOS OFFSHORE DO BRASIL LTDA. By: /s/ Xxxxx Xxxxxxxx X. Name: Xxxxx Xxxxxxxx Title: Attorney AMENDMENT NO. 2 SIGNATURE PAGE XXXX BENECO, INC. XXXX MANAGEMENT SERVICES ONE, INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES, INC. XXXX INTERNATIONAL MANAGEMENT SERVICES TWO, INC. XXXX POWER TECHNOLOGIES, INC. By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: President AMENDMENT NO. 2 SIGNATURE PAGE ADMINISTRATIVE AGENT OF THE REVOLVING CREDIT FACILITY AND LC FACILITY: CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Revolving and LC Administrative Agent, Cash Secured LC Issuer, Swing Loan Lender, Revolving Lender and LC Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Attorney [Signature Page to Amended Managing Director By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Director ADMINISTRATIVE AGENT OF THE TERM FACILITY: BARCLAYS BANK PLC, as Administrative Agent for the Term Facility By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director BARCLAYS BANK PLC, as a Revolving Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director BARCLAYS BANK PLC, as a LC Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director AMENDMENT NO. 2 SIGNATURE PAGE LENDER: BARCLAYS BANK PLC, as a Term Lender By: /s/ Xxxxxxxxx Xxxxx Name: Xxxxxxxxx Xxxxx Title: Authorized Signatory ABN AMRO Capital USA LLC, as an Issuer, Revolving Lender, and Restated Forbearance Agreement] HOLDERSLC Lender By: [Additional signature pages on /s/ Xxxxxxx Xxxxxxx, Xx. Name: Xxxxxxx Xxxxxxx, Xx. Title: Director By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Executive Director ROYAL BANK OF CANADA, as a LC Lender By: /s/ H. Xxxxxxxxxxx XxXxxxxx Name: H. Xxxxxxxxxxx XxXxxxxx Title: Authorized Signatory DBS BANK LTD., as an Issuer, Revolving Lender, and LC Lender By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER: On file with the CompanyAdministrative Agent.] SIGNATURE PAGE TO FORBEARANCE AGREEMENT Exhibit A FORM OF FORBEARANCE JOINDER AGREEMENT [●], 2019 XxXxxxxxx International, Inc. 000 X. Xxxxxxxx Parkway Houston, Texas 77079 Attention: [●] RE: Forbearance Agreement Ladies and Gentlemen: Reference is made to the Forbearance Agreement dated as of [●], 2019 entered into between the Issuers, the Company, the Guarantors, and the Holders party thereto (such Forbearance Agreement, as in effect on the date hereof and as it may hereafter be amended, supplemented or otherwise modified from time to time, together with this Forbearance Joinder Agreement, being the “Forbearance Agreement”). Any capitalized terms not defined in this Forbearance Joinder Agreement have the meanings given to them in the Forbearance Agreement.
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HOLDING PTY. LIMITED. ACN 002 797 668 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) Executed by MCDERMOTT AUSTRALIA PTY. LTD. ACN 002 736 352 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT Executed by CBI CONSTRUCTORS PTY. LTD. ACN 000 612 411 by its Attorney under power of attorney which the Attorney has received no notice of the revocation of the power: /s/ Xxxxx Xxxxxxxx Signature of Attorney Xxxxx Xxxxxxxx Name of Attorney (print) [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT CHICAGO BRIDGE & IRON (ANTILLES) N.V. XXXXXXXXX INTERNATIONAL MARINE INVESTMENTS N.V. MCDERMOTT OVERSEAS INVESTMENT CO. N.V. VARSY INTERNATIONAL N.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT SIGNED AND DELIVERED for and on behalf of and as the deed of CB & I FINANCE COMPANY LIMITED by its lawfully appointed attorney XXXXX XXXXXXXX /s/ Xxxxx Xxxxxxxx in the presence of: /s/ Xxxxx Xxxxxxxx Attorney (Signature of Witness): /s/ Xxxxx Xxxxx (Name of Witness): Xxxxx Xxxxx (Address of Witness): 000 X. Xxxxxxxx Pkwy Houston, TX 77079 (Occupation of Witness): Paralegal SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by XXXXX & CO LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I CONSTRUCTORS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I GROUP UK HOLDINGS By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by CB&I HOLDINGS (UK) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxxxxx Xxxxx Name: Xxxxx Xxxxxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I LONDON By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I PADDINGTON LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by CB&I POWER LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CB&I UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by CBI UK CAYMAN ACQUISITION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by XXXXXX CONSULTANTS INTERNATIONAL LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by LUTECH RESOURCES LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by OXFORD METAL SUPPLY LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by PIPEWORK ENGINEERING AND DEVELOPMENTS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by XXXX XXXX LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by XXXX GROUP UK LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by WHESSOE PIPING SYSTEMS LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT Executed and Delivered as a Deed by MCDERMOTT HOLDINGS (U.K.) LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorised Person Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal Executed and Delivered as a Deed by MCDERMOTT MARINE CONSTRUCTION LIMITED By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer Witnessed By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Paralegal SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT CBI EASTERN ANSTALT By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT J. XXX XXXXXXXXX DE MEXICO, S.A. DE X.X. XXXXXXXXX MARINE MEXICO, S.A. DE C.V. SERVICIOS DE FABRICACION DE ALTAMIRA, S.A. DE C.V. SERVICIOS PROFESIONALES DE ALTAMIRA, S.A. DE C.V. CB&I XXXXXXXXX, S. DE X. X. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CHICAGO BRIDGE DE MÉXICO, S.A. DE C.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT CB&I NEDERLAND B.V. CB&I OIL & GAS EUROPE B.V. XXXXXX TECHNOLOGY HEAT TRANSFER B.V. LUTECH RESOURCES B.V. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT CHARTERING COMPANY (SINGAPORE) PTE. LTD J. XXX XXXXXXXXX (QINGDAO) PTE. LTD. MCDERMOTT ASIA PACIFIC PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer CB&I GLOBAL OPERATIONS INTERNATIONAL, PTE. LTD. CB&I GLOBAL OPERATIONS US PTE. LTD. CB&I SINGAPORE PTE. LTD. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Person [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT CB&I EL DORADO, INC. CB&I LLC CHICAGO BRIDGE & IRON COMPANY J. XXX XXXXXXXXX TECHNOLOGY, INC. XXXXXX GASIFICATION TECHNOLOGY LICENSING LLC MCDERMOTT BLACKBIRD HOLDINGS, LLC XXXXXXXXX INVESTMENTS, LLC OPI VESSELS, INC. 000 XXXX XXXXXX LLC A & B BUILDERS, LTD. ASIA PACIFIC SUPPLY CO. ATLANTIC CONTINGENCY CONSTRUCTORS II, LLC ATLANTIS CONTRACTORS INC. CB&I CLEARFIELD, INC. CB&I CONNECTICUT, INC. CB&I FINANCIAL RESOURCES LLC CB&I GLOBAL, L.L.C. CB&I HOUSTON 06 LLC CB&I HOUSTON 07 LLC CB&I HOUSTON 08 LLC CB&I HOUSTON 09 LLC CB&I HOUSTON 10 LLC CB&I HOUSTON 11 LLC CB&I HOUSTON 12 LLC CB&I HOUSTON 13 LLC CB&I HOUSTON LLC CB&I TYLER LLC CBI AMERICAS LTD. CBI OVERSEAS (FAR EAST) INC. CBI US HOLDING COMPANY INC. CENTRAL TRADING COMPANY LTD. HBI HOLDINGS, LLC CB&I LAURENS, INC. CB&I NORTH CAROLINA, INC. CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CBI HOLDCO TWO INC. CHICAGO BRIDGE & IRON COMPANY (NETHERLANDS), LLC CONSTRUCTORS INTERNATIONAL, L.L.C. XXXX-XXXXX ENGINEERS, LTD. XXXX-XXXXX HOLDINGS, L.L.C. XXXX-XXXXX INTERNATIONAL MANAGEMENT, LLC XXXX-XXXXX INTERNATIONAL, L.L.C. XXXX-XXXXX MANAGEMENT, L.L.C. J. XXX XXXXXXXXX SOLUTIONS, INC. XXXXXX TECHNOLOGY INTERNATIONAL LLC XXXXXX TECHNOLOGY LLC XXXXXX TECHNOLOGY OVERSEAS LLC XXXXXX TECHNOLOGY SERVICES LLC XXXXXX TECHNOLOGY VENTURES LLC MATRIX ENGINEERING, LTD. MATRIX MANAGEMENT SERVICES, LLC MCDERMOTT ENGINEERING, LLC MCDERMOTT SUBSEA ENGINEERING, INC. NUCLEAR ENERGY HOLDINGS, L.L.C. PROSPECT INDUSTRIES (HOLDINGS) INC. XXXX CONNEX, INC. XXXX INTERNATIONAL INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES INTERNATIONAL, INC. SPARTEC, INC. TVL LENDER II, INC. CB&I PROJECT SERVICES GROUP, LLC CBI OVERSEAS, LLC LUTECH RESOURCES INC. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Treasurer SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT J. XXX XXXXXXXXX HOLDINGS, LLC MCDERMOTT FINANCE L.L.C. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President, Treasurer [Signature Page to Amended and Restated Forbearance Agreement] SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT MCDERMOTT SERVICOS OFFSHORE DO BRASIL LTDA. By: /s/ Xxxxx Xxxxxxxx X. Name: Xxxxx Xxxxxxxx Title: Attorney SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT XXXX BENECO, INC. XXXX MANAGEMENT SERVICES ONE, INC. XXXX TRANSMISSION & DISTRIBUTION SERVICES, INC. XXXX INTERNATIONAL MANAGEMENT SERVICES TWO, INC. XXXX POWER TECHNOLOGIES, INC. By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: President SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT ADMINISTRATIVE AGENT: BARCLAYS BANK PLC, as Administrative Agent By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT PARTICIPANT: BARCLAYS BANK PLC, as a Participant By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT PARTICIPANT: CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as a Participant By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx Title: Attorney [Signature Page to Amended and Restated Forbearance Agreement] HOLDERSManaging Director By: [Additional signature pages on file with the Company.] /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Director SIGNATURE PAGE TO FORBEARANCE AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT Exhibit A FORM OF FORBEARANCE JOINDER AGREEMENT [●], 2019 XxXxxxxxx International, Inc. 000 X. Xxxxxxxx Parkway Houston, Texas 77079 AttentionPARTICIPANT: [●] RE: Forbearance Agreement Ladies and Gentlemen: Reference is made to the Forbearance Agreement dated as of [●], 2019 entered into between the Issuers, the Company, the Guarantors, and the Holders party thereto (such Forbearance AgreementABN AMRO CAPITAL USA LLC, as in effect on the date hereof and a Participant By: /s/ Xxxxxxx Xxxxxxx, Xx. Name: Xxxxxxx Xxxxxxx, Xx. Title: Director By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Executive Director SIGNATURE PAGE TO AMENDMENT NO. 2 OF LETTER OF CREDIT AGREEMENT PARTICIPANT: ROYAL BANK OF CANADA, as it may hereafter be amended, supplemented or otherwise modified from time to time, together with this Forbearance Joinder Agreement, being the “Forbearance Agreement”). Any capitalized terms not defined in this Forbearance Joinder Agreement have the meanings given to them in the Forbearance Agreement.a Participant By: /s/ H. Xxxxxxxxxxx XxXxxxxx Name: H. Xxxxxxxxxxx XxXxxxxx Title: Authorized Signature
Appears in 1 contract
Samples: Letter of Credit Agreement (McDermott International Inc)
