Underwriting AgreementUnderwriting Agreement • June 2nd, 2006 • Horizon Lines, Inc. • Water transportation • New York
Certain stockholders named in Schedule II hereto (the “Selling Stockholders”) of Horizon Lines, Inc., a Delaware corporation (the “Company”), propose, subject to the terms and conditions stated herein, to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 5,750,000 shares (the “Firm Shares”) of the Common Stock (“Stock”), par value $0.01 per share, of the Company and, at the election of the Underwriters, up to 862,500 additional shares of Stock (the “Optional Shares”). The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares.”
AGREEMENT REGARDING DEBT ASSUMPTIONAgreement Regarding Debt Assumption • June 2nd, 2006 • Horizon Lines, Inc. • Water transportation • New York
THIS AGREEMENT REGARDING DEBT ASSUMPTION is made and entered into this 7th day of April 2006, by and between SHIP FINANCE INTERNATIONAL LIMITED., a Bermuda company (“SFL”), SFL HOLDINGS, LLC, a Delaware limited liability company and direct wholly-owned subsidiary of SFL (“SFL Holdings”), the five companies listed on the signature page hereto, each a Delaware limited liability company and indirect wholly-owned subsidiary of SFL (each an “Owner” and collectively, the “Owners”), HORIZON LINES, INC., a Delaware corporation (“Horizon”), HORIZON LINES, LLC, a Delaware limited liability company and wholly-owned subsidiary of Horizon (“HLL”), and FORTIS CAPITAL CORP., a Connecticut corporation (“Agent”), as agent for the various lenders (each a “Lender” and collectively, the “Lenders”) named in that certain Credit Agreement, dated the date hereof, among the Owners, as joint and several Borrowers, the Agent as Sole Book Runner, Lead Arranger, Agent and Security Trustee, and the Lenders as Lende
AGREEMENT TO ACQUIRE AND CHARTERAcquire and Charter • June 2nd, 2006 • Horizon Lines, Inc. • Water transportation • New York
THIS AGREEMENT TO ACQUIRE AND CHARTER is made and entered into this 7th day of April 2006, by and between SHIP FINANCE INTERNATIONAL LIMITED, a Bermuda company (“SFL”), SFL HOLDINGS, LLC, a Delaware limited liability company and direct wholly-owned subsidiary of SFL (“Holdings”), the five companies listed in Appendix 1 hereto, each a Delaware limited liability company and a direct wholly-owned subsidiary of Holdings (each an “Owner” and collectively, the “Owners”), and HORIZON LINES, LLC, a Delaware limited liability company (“HLL”).
