EMPLOYMENT AGREEMENTEmployment Agreement • January 14th, 2014 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas
THIS EMPLOYMENT AGREEMENT (this "Agreement"), dated as of January 8, 2014, is entered into by and between Black Elk Energy Offshore Operations, LLC, a Texas limited liability company (the "Company"), and Jeff Shulse ("Employee"), an individual residing at 10010 Pine Forest Road Houston, TX 77042.
CONTRIBUTION AGREEMENTContribution Agreement • April 15th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • New York
THIS CONTRIBUTION AGREEMENT, (this “Agreement”) dated as of February 13, 2013, by and between BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Company”), and PLATINUM PARTNERS BLACK ELK OPPORTUNITIES FUND LLC, a Delaware limited liability company (“PPBE”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 3rd, 2011 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (the “First Amendment” or this “Amendment”), effective as of the 31st day of May, 2011 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), the Lenders party hereto (the “Lenders”) and CAPITAL ONE, N.A., as Administrative Agent for the Lenders.
BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC and BLACK ELK ENERGY FINANCE CORP., as Issuers, BLACK ELK ENERGY LAND OPERATIONS, LLC, as Guarantor FIRST SUPPLEMENTAL INDENTURE Dated as of May 31, 2011 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as...Indenture • June 3rd, 2011 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • New York
This FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of May 31, 2011 is among Black Elk Energy Offshore Operations, LLC, a Texas limited liability company (the “Company”), Black Elk Energy Finance Corp., a Texas corporation (the “Co-Issuer,” and together with the Company, the “Issuers”), Black Elk Energy Land Operations, LLC, a Texas limited liability company (the “Guarantor”), and The Bank of New York Mellon Trust Company, N.A., as Trustee and Collateral Agent (“Trustee”).
LIMITED WAIVER AND THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 13th, 2012 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS LIMITED WAIVER AND THIRD AMENDMENT TO CREDIT AGREEMENT (the “Amendment”), dated to be effective as of November 8, 2012 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), CAPITAL ONE, N.A., as Administrative Agent for the Lenders (“Administrative Agent”) and the Lenders signatory hereto (the “Lenders”).
LIMITED WAIVER AND SEVENTH AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENTCredit Facility Agreement • April 15th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS LIMITED WAIVER AND SEVENTH AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENT (the “Amendment”), dated to be effective as of April 10, 2013 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), CAPITAL ONE, N.A., as Administrative Agent for the Lenders (“Administrative Agent”) and the Lenders signatory hereto (the “Lenders”).
SIXTH AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENT AND AMENDMENT TO OTHER LOAN DOCUMENTSCredit Agreement • March 11th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS SIXTH AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENT AND AMENDMENT TO OTHER LOAN DOCUMENTS (the “Sixth Amendment” or this “Amendment”), effective as of the 22 day of February, 2013 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), the Lenders party hereto (the “Lenders”) and CAPITAL ONE, N.A., as Administrative Agent for the Lenders.
FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF BLACK ELK ENERGY OFFSHORE OPERATIONS, LLCOperating Agreement • February 19th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas
This Fourth Amendment (the “Amendment”) to the Second Amended and Restated Limited Liability Company Operating Agreement, of BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Company”), is made and entered into as of the 12th day of February, 2013.
EIGHTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 2nd, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS EIGHTH AMENDMENT TO CREDIT AGREEMENT (the “Amendment”), dated to be effective as of March 26, 2013 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), CAPITAL ONE, N.A., as Administrative Agent for the Lenders (“Administrative Agent”) and the Lenders signatory hereto (the “Lenders”).
LIMITED WAIVER, TENTH AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENTCredit Facility Agreement • November 14th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS LIMITED WAIVER, TENTH AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENT (this “Amendment”), effective as of the ___ day of November, 2013 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), the Lenders party hereto (the “Lenders”) and CAPITAL ONE, N.A., as Administrative Agent for the Lenders (the “Administrative Agent”).
ContractCompany Agreement • March 26th, 2012 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THE SECURITIES EVIDENCED BY THIS COMPANY AGREEMENT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR ANY STATE SECURITIES ACT. NO TRANSFER OF ANY SECURITIES MENTIONED HEREIN SHALL BE PERMITTED UNTIL SUCH SECURITIES HAVE BEEN REGISTERED UNDER SUCH ACTS OR UNTIL, AMONG OTHER CONDITIONS CONTAINED IN THIS COMPANY AGREEMENT, THE MEMBERS OF THE LIMITED LIABILITY COMPANY SHALL HAVE RECEIVED A FAVORABLE OPINION FROM LEGAL COUNSEL ACCEPTABLE TO THE MEMBERS TO THE EFFECT THAT SUCH TRANSFER IS EXEMPT FROM REGISTRATION UNDER SUCH ACTS.
THIRD AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENTLetter of Credit Facility Agreement • August 10th, 2012 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS THIRD AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENT (the “Third Amendment” or this “Amendment”), effective as of the 24th day of May, 2012 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), the Lenders party hereto (the “Lenders”) and CAPITAL ONE, N.A., as Administrative Agent for the Lenders.
LOAN PURCHASE AND SALE AGREEMENTLoan Purchase and Sale Agreement • September 6th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • New York
THIS LOAN PURCHASE AND SALE AGREEMENT (this “Agreement”) is made as of August 30, 2013 by and between Capital One Bank, N.A., (“Capital One”), as Administrative Agent (in such capacity, the “Administrative Agent”) and Lender, Iberiabank (“Iberia”) and Cadence Bank, N.A. (“Cadence” and with Capital One and Iberia, each a Seller, and collectively, the “Sellers”), and White Elk LLC, a Delaware limited liability company (“White Elk”), having an address of 1212 Avenue of the Americas, 19th Floor, New York, New York 10036, Resource Value Group LLC, on behalf of one or more beneficial holders of the Loan under the Credit Agreement (“Resource” and with White Elk, each a “Buyer” and collectively, the “Buyers”).
SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF BLACK ELK ENERGY OFFSHORE OPERATIONS, LLCOperating Agreement • May 9th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas
This Sixth Amendment (the “Amendment”) to the Second Amended and Restated Limited Liability Company Operating Agreement, of BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Company”), is made dated as of the 3rd day of May, 2013.
WAIVERWaiver • November 10th, 2011 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS WAIVER (the “Waiver”), dated to be effective as of September 30, 2011 (the “Waiver Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), the Lenders party hereto (the “Lenders”) and CAPITAL ONE, N.A., as Administrative Agent for the Lenders (“Administrative Agent”).
LIMITED WAIVER AND NINTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 15th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS LIMITED WAIVER AND NINTH AMENDMENT TO CREDIT AGREEMENT (the “Amendment”), dated to be effective as of April 10, 2013 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), CAPITAL ONE, N.A., as Administrative Agent for the Lenders (“Administrative Agent”) and the Lenders signatory hereto (the “Lenders”).
Platinum Partners Value Arbitrage Fund LP Carnegie Hall Tower New York, New York 10019Black Elk Energy Offshore Operations, LLC • April 15th, 2013 • Crude petroleum & natural gas
Platinum Partners Value Arbitrage Fund LP (“Consultant”) is pleased to set forth our agreement to provide you, Black Elk Energy Offshore Operations, LLC (the “Company”), with financial consulting services on the following terms and conditions:
FOURTH AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENT AND WAIVERLetter of Credit Facility Agreement and Waiver • November 13th, 2012 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS FOURTH AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENT (the “Fourth Amendment” or this “Amendment”), effective as of the 8th day of November, 2012 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), the Lenders party hereto (the “Lenders”) and CAPITAL ONE, N.A., as Administrative Agent for the Lenders.
LIMITED WAIVER, NINTH AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENT AND AMENDMENT TO NOTECredit Facility Agreement • August 21st, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS LIMITED WAIVER, NINTH AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENT AND AMENDMENT TO NOTE (this “Amendment”), effective as of the 15th day of August, 2013 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), the Lenders party hereto (the “Lenders”) and CAPITAL ONE, N.A., as Administrative Agent for the Lenders (the “Administrative Agent”).
CONTRIBUTION AGREEMENTContribution Agreement • April 15th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • New York
THIS CONTRIBUTION AGREEMENT, (this “Agreement”) dated as of January 25, 2013, by and between BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Company”), and PPVA BLACK ELK (EQUITY) LLC, a Delaware limited liability company (“PPVA (Equity)”).
THIRD AMENDMENT TO SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF BLACK ELK ENERGY OFFSHORE OPERATIONS, LLCOperating Agreement • January 31st, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas
This Third Amendment (the “Amendment”) to the Second Amended and Restated Limited Liability Company Operating Agreement, of BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Company”), is made and entered into as of the 25th day of January, 2013.
OFFER and SEPARATION AGREEMENT AND GENERAL RELEASE OFFERSeparation Agreement • April 15th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
The first three pages of this document constitute an offer to you by Black Elk Energy Offshore Operations, LLC (“the Company”) in connection with your separation from employment. The remainder of this document is a Separation Agreement and General Release for you to sign if you accept the Company’s offer. One of the promises in the agreement is that you will not make any statement that defames or disparages the Company. It is important that you read and understand the terms of this document in full and that if you decide to accept the Company’s offer and sign the Separation Agreement and General Release; you do so knowingly and voluntarily. To enable you to do that, we suggest you consult with an attorney about this document and your rights before signing it. By signing the Separation Agreement and General Release, you will not waive or give up any rights or claims you may have against the Company that arise after the date that you sign this Agreement.
SECOND AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENTLetter of Credit Facility Agreement • August 10th, 2012 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS SECOND AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENT (the “Second Amendment” or this “Amendment”), effective as of the 30th day of December, 2011 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), the Lenders party hereto (the “Lenders”) and CAPITAL ONE, N.A., as Administrative Agent for the Lenders.
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • April 2nd, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (the “Amendment”) is entered into by and between, Black Elk Energy Offshore Operations, LLC, a Texas limited liability company (“Seller”), and Renaissance Offshore, LLC a Delaware limited liability company (“Buyer”), effective as of the 22nd day of March, 2013.
WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 10th, 2011 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENT (the “Second Amendment” or this “Amendment”), dated to be as of June 30, 2011 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), the Lenders party hereto (the “Lenders”) and CAPITAL ONE, N.A., as Administrative Agent for the Lenders (“Administrative Agent”).
LIMITED WAIVER AND SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 11th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS LIMITED WAIVER AND SEVENTH AMENDMENT TO CREDIT AGREEMENT (the “Amendment”), dated to be effective as of February 22, 2013 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), CAPITAL ONE, N.A., as Administrative Agent for the Lenders (“Administrative Agent”) and the Lenders signatory hereto (the “Lenders”).
THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • June 3rd, 2011 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas
This Third Amendment to Purchase and Sale Agreement (this “Amendment”) is executed on May 31, 2011, by and between Merit Management Partners I, L.P., Merit Management Partners II, L.P., Merit Management Partners III, L.P., Merit Energy Partners III, L.P., MEP III GOM, LLC, Merit Energy Partners D-III, L.P., Merit Energy Partners E-III, L.P., and Merit Energy Partners F-III, L.P. (collectively, “Seller”), and Black Elk Energy Offshore Operations, LLC (“Purchaser”).
SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 11th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS SIXTH AMENDMENT TO CREDIT AGREEMENT (the “Amendment”), dated to be effective as of January 31, 2013 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), CAPITAL ONE, N.A., as Administrative Agent for the Lenders (“Administrative Agent”) and the Lenders signatory hereto (the “Lenders”).
SECOND AMENDMENT TO SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF BLACK ELK ENERGY OFFSHORE OPERATIONS, LLCOperating Agreement • June 3rd, 2011 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas
This Second Amendment (the “Amendment”) to the Second Amended and Restated Limited Liability Company Operating Agreement, of BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Company”), is made and entered into as of the 31st day of May, 2011.
SUPPLEMENTAL AGREEMENTSupplemental Agreement • October 3rd, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • New York
This SUPPLEMENTAL AGREEMENT (this “Supplemental Agreement”) is made as of September 26, 2013 by and between BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC (the “Company”) and ASIASONS CAPITAL LIMITED (the “Subscriber”).
SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • June 3rd, 2011 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas
This Second Amendment to Purchase and Sale Agreement (this “Amendment”) is executed on May 18, 2011, by and between Merit Management Partners I, L.P., Merit Management Partners II, L.P., Merit Management Partners III, L.P., Merit Energy Partners III, L.P., MEP III GOM, LLC, Merit Energy Partners D-III, L.P., Merit Energy Partners E-III, L.P., and Merit Energy Partners F-III, L.P. (collectively, “Seller”), and Black Elk Energy Offshore Operations, LLC (“Purchaser”).
LIMITED WAIVER AND TENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 6th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS LIMITED WAIVER AND TENTH AMENDMENT TO CREDIT AGREEMENT (the “Amendment”), dated to be effective as of July 31, 2013 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), CAPITAL ONE, N.A., as Administrative Agent for the Lenders (“Administrative Agent”) and the Lenders signatory hereto (the “Lenders”).
FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF BLACK ELK ENERGY OFFSHORE OPERATIONS, LLCOperating Agreement • April 15th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas
This Fifth Amendment (the “Amendment”) to the Second Amended and Restated Limited Liability Company Operating Agreement, of BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Company”), is dated as of the 9th day of April, 2013.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • August 6th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
This Purchase and Sale Agreement (“Agreement”) is made and entered into as of the 31st day of July, 2013, by and between Black Elk Energy Offshore Operations, LLC, a Texas limited liability company, with an office at 11451 Katy Freeway, Suite 500, Houston, Texas 77079 (“Seller” or “Black Elk”), and Renaissance Offshore, LLC, a Delaware limited liability company, with an address at 920 Memorial City Way, Suite 800, Houston, Texas 77024 (“Buyer” or “Renaissance”). Seller and Buyer are sometimes referred to collectively as the “Parties”, and each individually as a “Party”.
FIRST AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENTLetter of Credit Facility Agreement • June 3rd, 2011 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS FIRST AMENDMENT TO LETTER OF CREDIT FACILITY AGREEMENT (the “First Amendment” or this “Amendment”), effective as of the 31st day of May, 2011 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), the Lenders party hereto (the “Lenders”) and CAPITAL ONE, N.A., as Administrative Agent for the Lenders.
