Forbes Energy Services Ltd. and CIBC Mellon Trust Company as Rights Agent Rights Agreement Dated as of May 19, 2008Rights Agreement • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Texas
This RIGHTS AGREEMENT, dated as of May 19, 2008 is by and between Forbes Energy Services Ltd., a Bermuda corporation (the “Company”), and CIBC Mellon Trust Company, a company existing under the laws of Canada (the “Rights Agent”).
FORBES ENERGY SERVICES LTD. $280,000,000 aggregate principal amount of 9% Senior Notes due 2019 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 17th, 2011 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
Forbes Energy Services Ltd., a Bermuda corporation (the “Company”), is issuing and selling to Jefferies & Company, Inc. (the “Initial Purchaser”), upon the terms set forth in the Purchase Agreement dated May 24, 2011, by and among the Company, the Initial Purchaser and the subsidiary guarantors named therein (the “Purchase Agreement”), $280,000,000 aggregate principal amount of 9% Senior Notes due 2019 issued by the Company (each, a “Note” and collectively, the “Notes”). As an inducement to the Initial Purchaser to enter into the Purchase Agreement, the Company and the subsidiary guarantors listed in the signature pages hereto agree with the Initial Purchaser, for the benefit of the Holders (as defined below) of the Notes (including, without limitation, the Initial Purchaser), as follows:
VOTING AND SUPPORT AGREEMENTVoting and Support Agreement • December 23rd, 2019 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Delaware
THIS VOTING AND SUPPORT AGREEMENT, dated as of December 18, 2019 (the “Agreement”), by and among Superior Energy Services, Inc., a Delaware corporation (“NAM Parent”), New NAM, Inc., a Delaware corporation (“NAM”), Forbes Energy Services Ltd., a Delaware corporation (the “Company”), and Solace Capital Partners, L.P. (the “Holder”).
EMPLOYMENT AGREEMENTEmployment Agreement • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Texas
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of the 1st day of May, 2008, but is effective as of the Commencement Date (as hereinafter defined), by and between Forbes Energy Services LLC, a Delaware limited liability company (the “Employer”), and John E. Crisp, residing at 588 CR 101, George West, Texas 78022 (the “Employee”).
FORBES ENERGY SERVICES LTD. 9% Senior Notes due 2019 PURCHASE AGREEMENTPurchase Agreement • June 17th, 2011 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
constitute a breach of or a default (with the passage of time or otherwise) under, (ii) require the consent, approval, authorization or order of any Governmental Authority or third party (other than consents already obtained, such as may be required under state securities or “Blue Sky” laws in connection with the purchase and resale of the Notes by the Initial Purchaser, (iii) result in the imposition of a Lien on any assets of the Company or any Guarantor (except pursuant to the Opinion Documents or the New Credit Facility) pursuant to, or (iv) result in an acceleration of indebtedness pursuant to (A) the Organizational Documents of any Guarantor, (B) the Applicable Contracts, in the case of each of (A) or (B), except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, or (C) any Applicable Law.
INDEMNIFICATION AGREEMENTIndemnification Agreement • March 26th, 2014 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Texas
THIS AGREEMENT (the “Agreement”) is made and entered into this [ ] day of [_____________], 2014 between Forbes Energy Services Ltd., a Texas corporation (“the Company”), and [________________] (“Indemnitee”).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 21st, 2020 • Forbes Energy Services Ltd. • Oil & gas field services, nec
This FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into effective as of May 15, 2020 (the “Fourth Amendment Effective Date”), by and among (A) FORBES ENERGY SERVICES LTD., a Delaware corporation (“Parent”); (B) the Subsidiaries of Parent identified on the signature pages hereto (each of such Subsidiaries, together with Parent, jointly and severally, the “Borrowers” and, each, a “Borrower”); (C) REGIONS BANK, an Alabama bank, in its capacities as administrative agent and collateral agent for Lenders, LC Issuer and the other Secured Parties (“Administrative Agent”); and (D) the lenders party to the Credit Agreement (collectively, the “Lenders”).
EMPLOYMENT AGREEMENTEmployment Agreement • November 23rd, 2018 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Texas
EMPLOYMENT AGREEMENT (this “Agreement”), dated as of November 16, 2018 (the “Effective Date”), by and between Forbes Energy Services LLC, a Delaware limited liability company (the “Company”), and Joe Michetti (the “Executive”) (each of the Executive and the Company, a “Party,” and collectively, the “Parties”).
INTERCREDITOR AGREEMENT dated as of April 10, 2008 among TX ENERGY SERVICES, LLC, C.C. FORBES, LLC and SUPERIOR TUBING TESTERS, LLC, as the Borrowers FORBES ENERGY SERVICES LLC, as the Company certain Subsidiaries of the Company party hereto CITIBANK,...Intercreditor Agreement • March 31st, 2009 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
INTERCREDITOR AGREEMENT dated as of April 10, 2008 (this “Agreement”) among TX ENERGY SERVICES, LLC, a Delaware limited liability company (“TX Energy”), C.C. FORBES, LLC, a Delaware limited liability company (“C.C. Forbes”), and SUPERIOR TUBING TESTERS, LLC, (“Superior”) (TX Energy, C.C. Forbes and Superior collectively, the “Borrowers” and individually a “Borrower”), FORBES ENERGY SERVICES LLC, a Delaware limited liability company (the “Company”), the Subsidiaries of the Company party hereto, CITIBANK, N.A., a national association, as the First Priority Secured Party (as defined below) (in such capacity, the “First Priority Agent”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent for the Second Priority Secured Parties (as defined below) (in such capacity, the “Second Priority Agent”).
LOAN AND SECURITY AGREEMENT dated as of April 13, 2017 by and among FORBES ENERGY SERVICES LLC (as Borrower) and FORBES ENERGY INTERNATIONAL, LLC, TX ENERGY SERVICES, LLC, C.C. FORBES, LLC, and FORBES ENERGY SERVICES LTD. (as Guarantors) and...Loan and Security Agreement • April 18th, 2017 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
This LOAN AND SECURITY AGREEMENT, dated April 13, 2017, is entered into by and among FORBES ENERGY SERVICES LLC, a limited liability company formed under the laws of the State of Delaware (“Borrower”), TX ENERGY SERVICES, LLC, a limited liability company formed under the laws of the State of Delaware (“TX Energy”), C.C. FORBES, LLC, a limited liability company formed under the laws of the State of Delaware (“C.C.”), FORBES ENERGY INTERNATIONAL, LLC, a limited liability company formed under the laws of the State of Delaware (“International”), and FORBES ENERGY SERVICES LTD., a Texas corporation (“Parent”; and together with TX Energy, C.C., and International, and any other Person that at any time after the date hereof becomes a Guarantor, each a “Guarantor” and collectively, the “Guarantors”), the lenders which are now or which hereafter become a party hereto (each a “Lender” and collectively, the “Lenders”) and Wilmington Trust, National Association (in its individual capacity, “Wilming
FORBES ENERGY SERVICES LLC FORBES ENERGY CAPITAL INC. AND EACH OF THE GUARANTORS PARTY HERETO 11% SENIOR SECURED NOTES DUE 2015 INDENTURE Dated as of February 12, 2008 Wells Fargo Bank, National Association, as Trustee and Collateral AgentIndenture • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
INDENTURE dated as of February 12, 2008 among Forbes Energy Services LLC, a Delaware limited liability company (including any and all successors thereto, the “Company”), as co-issuer of the 11% Senior Secured Notes due 2015 (the “Notes”), Forbes Energy Capital Inc., a Delaware corporation (including any and all successors thereto, “Capital” and together with the Company as co-issuers of the Notes, the “Issuers”), as co-issuer of the Notes, the Guarantors (as defined herein) and Wells Fargo Bank, National Association and any and all successors thereto, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”).
REGISTRATION RIGHTS AGREEMENT by and among FORBES ENERGY SERVICES LTD and THE HOLDERS PARTY HERETO Dated as of April 13, 2017Registration Rights Agreement • April 18th, 2017 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of April 13, 2017 by and among Forbes Energy Services Ltd., a Delaware corporation (the “Company”), and the parties identified as “Holders” on the signature page hereto. Capitalized terms used but not otherwise defined herein are defined in Section 1 hereof.
INDEMNIFICATION AGREEMENTIndemnification Agreement • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Delaware
THIS AGREEMENT (the “Agreement”) is made and entered into this day of , 2008 between Forbes Energy Services Ltd., an exempted company formed under the laws of Bermuda (“the Company”) and (“Indemnitee”).
AMENDMENT NO. 5 TO THE FORBEARANCE AGREEMENTForbearance Agreement • December 16th, 2016 • Forbes Energy Services Ltd. • Oil & gas field services, nec
THIS AMENDMENT NO. 5 (this “Amendment”), dated as of December 14, 2016, to the Forbearance Agreement dated July 15, 2016, as amended by Amendment No. 1 to the Forbearance Agreement, dated September 13, 2016, Amendment No. 2 to the Forbearance Agreement, dated October 14, 2016, Amendment No. 3 to the Forbearance Agreement, dated November 15, 2016, and Amendment No. 4 to the Forbearance Agreement, dated November 30, 2016 (the “Forbearance Agreement”), by and among (1) FORBES ENERGY SERVICES LTD, a Texas corporation (the “Issuer”), as issuer of the 9% Senior Notes due 2019 (the “Notes”) issued pursuant to that certain indenture dated as of June 7, 2011 (the “Indenture”) by and among the Issuer, the Guarantors (as defined below) and Wells Fargo Bank, National Association, as trustee (the “Trustee”), (2) the following affiliates of the Issuer: FORBES ENERGY SERVICES LLC, a limited liability company formed under the laws of the State of Delaware (“Energy Services”), TX ENERGY SERVICES, LLC,
NOTATION OF GUARANTEEGuarantee Agreement • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec
For value received, Forbes Energy Services Ltd. (the “New Parent”) has unconditionally guaranteed, to the extent set forth in and subject to the provisions of that certain Indenture dated as of February 12, 2008 (the “Indenture”), among Forbes Energy Services LLC, a Delaware limited liability company, Forbes Energy Capital Inc., a Delaware corporation (collectively, the “Issuers”), the Guarantors party thereto (the “Guarantors”) and Wells Fargo Bank, National Association, as trustee (the “Trustee”), and that certain Supplemental Indenture dated as of May 29, 2008, among the New Parent, the Issuers, the Guarantors and the Trustee, (a) the due and punctual payment of the principal of, premium, if any, and interest on, the Notes, whether at maturity, by acceleration, redemption or otherwise, the due and punctual payment of interest on overdue principal of and interest on the Notes, if any, if lawful, and the due and punctual performance of all other obligations of the Company to the Holde
EMPLOYMENT AGREEMENTEmployment Agreement • April 18th, 2017 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Texas
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of the April 13, 2017, but is effective as of the Commencement Date (as hereinafter defined), by and between Forbes Energy Services LLC, a Delaware limited liability company (the “Employer”), and Steve Macek, residing at 4305 Spring Creek Dr., Corpus Christi, TX 78410 (the “Employee”).
FORBES ENERGY SERVICES LTD. Restricted Stock Award AgreementRestricted Stock Award Agreement • March 26th, 2014 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Texas
Forbes Energy Services Ltd., a Texas corporation (the "Company"), hereby grants ______________ (the "Participant"), the right to acquire restricted Common Stock of the Company (the "Award"), subject to the terms and conditions of the Forbes Energy Services Ltd. 2012 Incentive Compensation Plan (the "Plan") and this Restricted Stock Award Agreement (this "Agreement"). Unless otherwise defined herein, all terms used in this Agreement that are defined in the Plan shall have the meaning set forth in the Plan. The principle features of the Award are as follows:
NOTES PURCHASE AGREEMENTNotes Purchase Agreement • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
INDENTURE dated as of , 2009 among Forbes Energy Services LLC, a Delaware limited liability company (including any and all successors thereto, the “Company”), as co-issuer of the First Priority Floating Rate Notes due 2014 (the “Notes”), Forbes Energy Capital Inc., a Delaware corporation (including any and all successors thereto, “Capital” and together with the Company as co-issuers of the Notes, the “Issuers”), as co-issuer of the Notes, the Guarantors (as defined herein) and Wilmington Trust FSB and any and all successors thereto, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”).
AGREEMENT AND PLAN OF MERGER among SUPERIOR ENERGY SERVICES, INC. NEW NAM, INC., FORBES ENERGY SERVICES LTD., SPIETH NEWCO, INC., SPIETH MERGER SUB, INC., and FOWLER MERGER SUB, INC. Dated as of December 18, 2019Merger Agreement • December 23rd, 2019 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of December 18, 2019, is by and among Superior Energy Services, Inc., a Delaware corporation (“Spieth”), New NAM, Inc., a Delaware corporation (“NAM”), Forbes Energy Services Ltd., a Delaware corporation (“Fowler”), Spieth Newco, Inc., a Delaware corporation (“Holdco”), Spieth Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Holdco (“NAM Merger Sub”), and Fowler Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Holdco (“Fowler Merger Sub” and, together with NAM Merger Sub, the “Merger Subs”).
COMMERCIAL EQUIPMENT LEASE AGREEMENTCommercial Equipment Lease Agreement • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Texas
Lessor, in reliance on Lessee’s selection of the equipment described below (“Unit” or “Unit(s)”), agrees to acquire and lease the Units to Lessee, and Lessee agrees to lease the Units from Lessor, subject to the terms and conditions below:
SUBSCRIPTION AGREEMENTSubscription Agreement • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Ontario
WEST FACE LONG TERM OPPORTUNITIES LIMITED PARTNERSHIP, a limited partnership established under the laws of the Province of British Columbia (“West Face LP”)
UNDERWRITING AGREEMENTUnderwriting Agreement • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Alberta
Paradigm Capital Inc. (the “Underwriter”) understands that Forbes Energy Services Ltd. (the “Corporation”) proposes to issue and sell an aggregate of 18,750,000 common shares of the Corporation (the “Bought Shares”) at a price of $0.80 per Bought Share.
CREDIT AGREEMENT TX ENERGY SERVICES, LLC, C.C. FORBES, LLC and SUPERIOR TUBING TESTERS, LLC, as Borrowers and FORBES ENERGY SERVICES LLC, a Guarantor CITIBANK, N.A., as Lender $20,000,000 Revolving Credit Facility April 10, 2008Credit Agreement • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Texas
THIS CREDIT AGREEMENT is made as of April 10, 2008, by and among TX ENERGY SERVICES, LLC, a Delaware limited liability company (“TX Energy”), C.C. FORBES, LLC, a Delaware limited liability company (“C.C. Forbes”), and SUPERIOR TUBING TESTERS, LLC, a Delaware limited liability company (“Superior”) (“TX Energy”, C.C. Forbes and Superior collectively, the “Borrowers”, and individually, a “Borrower”), FORBES ENERGY SERVICES LLC, a Delaware limited liability company (the “Parent”) as a Guarantor, and CITIBANK, N.A., a national association (“Lender”).
FORBES ENERGY SERVICES INCENTIVE COMPENSATION PLAN NON-QUALIFIED STOCK OPTION AGREEMENTNon-Qualified Stock Option Agreement • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Texas
THIS NON-QUALIFIED STOCK OPTION AGREEMENT (this “Agreement”) is made effective as of (the “Award Date”), by and between Forbes Energy Services, Ltd., an exempted company formed under the laws of Bermuda (the “Company”), and (“Optionee”).
REGISTRATION RIGHTS AGREEMENT BETWEEN FORBES ENERGY SERVICES LTD. AND THE SHAREHOLDERS LISTED ON SCHEDULE A May 28, 2010Registration Rights Agreement • April 15th, 2011 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Ontario
This registration rights agreement (this “Agreement”) is made the 28th day of May, 2010 between Forbes Energy Services Ltd. (the “Corporation”), a company established pursuant to the laws of Bermuda, and the holders of the Convertible Preference Shares (as defined hereon) listed on Schedule A hereto (the “Holders”).
EXPLORATION AND PRODUCTION Office of the Manager of Finance for Drilling Office of the Assistant Manager of Administration and Finance, Northern Region Office of the Superintendent of Material Resources Office for Assessment, Monitoring and Control of...Additional Agreement for Extension of Term • April 15th, 2011 • Forbes Energy Services Ltd. • Oil & gas field services, nec
Additional Agreement No. 4 (Four) for Extension of Term to the public works contract No. 424048860 based on unit prices between PEMEX - Exploration and Production, decentralized public agency of the Federal Government, which in this document shall be identified as “PEP”, represented by Mr. Juan Javier Hinojosa Puebla, in his capacity as Deputy Head of Unit Drilling and Well Maintenance, and on the Merco Industrial Engineering SA de CV and Forbes Energy Services LTD, who shall be referred to as the “Contractor”, the former of which is represented by Luis Lauro Moreno Ricart, in his capacity as Sole Manager, and the latter by Jose Andres Suarez Canales in his capacity as Special Agent, in accordance with the following records, statements, and clauses:
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (the “Amendment”) is made and entered into effective as of July 10, 2009, by and between TX ENERGY SERVICES, LLC, a Delaware limited liability company (“TX Energy”), C.C. FORBES, LLC, a Delaware limited liability company (“C.C. Forbes”), and SUPERIOR TUBING TESTER, LLC, a Delaware limited liability company (“Superior,” together with TX Energy and C.C. Forbes, the “Borrowers,” and individually, a “Borrower”), FORBES ENERGY SERVICES LLC, a Delaware limited liability company, as a Guarantor (the “Company”), FORBES ENERGY CAPITAL INC., a Delaware corporation, as a Guarantor (“Energy Capital”) and FORBES ENERGY SERVICES LTD., a company formed under the laws of Bermuda, as a Guarantor (the “New Parent,” together with Company and Energy Capital, collectively, the “Guarantors”), and CITIBANK, N.A., a national association (“Lender”).
FORBES ENERGY SERVICES INCENTIVE COMPENSATION PLAN DIRECTOR STOCK OPTION AGREEMENTStock Option Agreement • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Texas
THIS DIRECTOR STOCK OPTION AGREEMENT (this “Agreement”) is made effective as of (the “Award Date”), by and between Forbes Energy Services, Ltd., an exempted company formed under the laws of Bermuda (the “Company”), and (“Optionee”).
EXCHANGE AND CONTRIBUTION AGREEMENTExchange and Contribution Agreement • December 23rd, 2019 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Delaware
THIS EXCHANGE AND CONTRIBUTION AGREEMENT (this “Agreement”) is made and entered into as of December 18, 2019, by and among: (i) Forbes Energy Services Ltd., a Delaware corporation (“Fowler”); (ii) Spieth Newco, Inc., a Delaware corporation (“Holdco”); (iii) Ascribe Capital LLC, a Delaware limited liability company (“Ascribe”); and (iv) Solace Capital Partners, L.P., a Delaware limited liability company (“Solace” and together with Ascribe, the “Investors”). Capitalized terms used but not defined herein shall have the meaning ascribed thereto in the Merger Agreement (as defined below).
STATEMENTS CLAUSES ONE. PURPOSE OF THE CONTRACT TWO. CONTRACT AMOUNT THREE. METHOD OF PAYMENT FOUR. FINANCING SOURCES FIVE. ASSIGNING COLLECTION RIGHTS SIX. WITHHOLDINGS SEVEN. FINANCING EXPENSES EIGHT. EXCESS PAYMENTS NINE. COST ADJUSTMENT TEN....Contract No. 424048860 • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec
UNIT PRICE PUBLIC WORKS CONTRACT, ENTERED INTO BY AND BETWEEN PEMEX EXPLORACIÓN Y PRODUCCIÓN, WHO WILL BE CALLED PEP, REPRESENTED BY MARTIN TERRAZAS ROMERO, IN HIS CAPACITY AS MANAGER OF THE NORTH DIVISION, APPOINTED TO THE DEPARTMENT OF THE WELL DRILLING AND MAINTENANCE UNIT OF PEMEX EXPLORACIÓN Y PRODUCCIÓN; AND MERCO INGENIERIA INDUSTRIAL S.A. DE C.V. AND FORBES ENERGY SERVICES LTD. (JOINT PROPOSAL), WHO WILL BE CALLED THE CONTRACTOR, REPRESENTED BY MR. JOSE ANDRES SUAREZ IN HIS CAPACITY AS GENERAL ATTORNEY, REPRESENTATIVE AND AGENT OF BOTH COMPANIES, IN ACCORDANCE WITH THE FOLLOWING STATEMENTS AND CLAUSES:
EXPLORATION AND PRODUCTION Administration and Finance Drilling Management North Administration and Finance Assistant Management Superintendence of Material Resources Monitoring and Control of Supplies ContractsAdditional Agreement for Extension of Time • April 15th, 2011 • Forbes Energy Services Ltd. • Oil & gas field services, nec
Additional Agreement Number 5 (Five) for Extension of Time to the Public Work Contract on the basis of unit prices Number 424048860 celebrated on one hand by PEMEX – Exploration and Production, Public Decentralized Organism of the Federal Government- which on this document will be named “PEP”, and represented by the engineer Juan Alfredo Ríos Jiménez, who is in charge of the Drilling and Well Maintenance Northern Division Management and partly by Merco Ingeniería Industrial S.A. de C.V. and Forbes Energy Services LTD, who is hereby named “The Contractor”. The First one represented by Luis Lauro Moreno Ricart, in his character as Sole Administrator. The second one represented by José Andrés Suárez Canales in his character as Special Representative. In accordance with the following background, statements and clauses:
FOURTH SUPPLEMENTAL INDENTURESupplemental Indenture • June 17th, 2011 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
THIS FOURTH SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of May 24, 2011, to become effective by its terms pursuant to Section 2.8 hereof, is by and among Forbes Energy Services LLC, a Delaware limited liability company (the “LLC”) and Forbes Energy Capital Inc., a Delaware corporation (“Capital”, and together with the LLC, the “Issuers”), Forbes Energy Services Ltd., a Bermuda corporation and a guarantor (the “Parent”), the other guarantors listed on the signature pages hereof and Wells Fargo Bank, National Association, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”).
MASTER AGREEMENTMaster Agreement • August 14th, 2012 • Forbes Energy Services Ltd. • Oil & gas field services, nec • Alabama
THIS MASTER AGREEMENT, dated as of June 6, 2012 (this “Master Agreement”), is among: (a) TX Energy Services, LLC, a Delaware limited liability company, file number 4379582, and C.C. Forbes, LLC, a Delaware limited liability company, file number 4379586, (each a “Company” and collectively, the “Companies”), each with a principal place of business at 3000 South Business Highway 281, Alice, Texas and (b) REGIONS EQUIPMENT FINANCE CORPORATION, an Alabama corporation (“REFCO”), and REGIONS COMMERCIAL EQUIPMENT FINANCE, LLC, an Alabama limited liability company (“RCEF”) both with an office at 1900 Fifth Avenue North, Suite 2400, Birmingham, Alabama 35203. Certain definitions and constructions of terms used in this Master Agreement are provided in Section XIV hereof.
REGISTRATION RIGHTS AGREEMENT Dated as of February 7, 2008 Among Forbes Energy Services LLC, as a Co-Issuer, Forbes Energy Capital Inc., as a Co-Issuer, The Guarantors listed on the signature pages hereto and Jefferies & Company, Inc., as Initial...Registration Rights Agreement • March 31st, 2009 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
This Registration Rights Agreement, dated as of February 7, 2008 (this “Agreement”), is entered into among Forbes Energy Services LLC, a Delaware limited liability company (the “Company”), Forbes Energy Capital Inc., a Delaware corporation (“Capital”), the guarantors listed on the signature pages hereto (the “Guarantors”), and Jefferies & Company, Inc., as the initial purchaser (the “Initial Purchaser”).
THIRD SUPPLEMENTAL INDENTUREThird Supplemental Indenture • November 19th, 2010 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
Third Supplemental Indenture (this “Third Supplemental Indenture”), dated as of February 6, 2009 (the “Effective Date”), by and among Forbes Energy Services LLC, a Delaware limited liability company (the “Company”), Forbes Energy Capital Inc., a Delaware corporation (“Capital,” together with the Company, the “Issuers”), the Guarantors (as defined below) and Wells Fargo Bank, National Association, as Trustee (in such capacity, the “Trustee”) and Collateral Agent (in such capacity, the “Collateral Agent”) under that certain Indenture, dated as of February 12, 2008 (the “Original Indenture”), such Original Indenture having previously been supplemented by the Supplemental Indenture, dated as of May 29, 2008 (the “First Supplemental Indenture”) and the Supplemental Indenture, dated as of October 6, 2008 (together with the Original Indenture and the First Supplemental Indenture, the “Indenture”), in each case, between the Issuers, the Guarantors listed therein or added thereto by supplement,
