SETTLEMENT AGREEMENTSettlement Agreement • June 12th, 2009 • Horizon Lines, Inc. • Water transportation • Florida
This agreement (“Settlement Agreement”) is made and entered into as of the 11th day of June 2009, by and between Horizon Lines, Inc., Horizon Lines, LLC, Horizon Logistics Holdings, LLC, Horizon Logistics, LLC and Horizon Lines of Puerto Rico, Inc. (collectively, “Horizon Defendants”) and the Named Plaintiff Class Representatives (as defined herein), both individually and on behalf of the Settlement Class (as defined herein), (collectively, “the Parties”) to resolve claims asserted by a class against the Released Defendants (as defined herein) in the matter entitled In re Puerto Rican Cabotage Antitrust Litigation, MDL 1960 (the “Class Action”), pending in the United States District Court for the District of Puerto Rico;
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 12th, 2009 • Horizon Lines, Inc. • Water transportation • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of June 11, 2009, is by and among HORIZON LINES, INC., a Delaware corporation (the “Borrower”), the Subsidiaries of the Borrower as may from time to time become a party hereto (collectively, the “Guarantors”), and WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent on behalf of the Lenders under the Credit Agreement (as hereinafter defined) (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.
