To the Consenting Noteholders: Ladies and Gentlemen:Dune Energy Inc • October 7th, 2011 • Oil & gas field services, nec • New York
This restructuring support and lockup letter agreement (together with the exhibits and schedule hereto, this “Agreement”) sets forth certain terms and conditions pursuant to which Dune Energy, Inc. (the “Company”) will restructure its indebtedness by consummating an out-of-court restructuring or a prearranged or prepackaged plan of reorganization in a voluntary case (the “Chapter 11 Case”) to be filed under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the “Bankruptcy Code”) to be effectuated with the support (as set forth herein) of the undersigned noteholders (the “Consenting Noteholders”) holding at least 75% of the aggregate principal amount of notes (the “Notes”) outstanding under that certain indenture, dated as of May 15, 2007 (as amended to date, and as it may hereafter be amended from time to time, the “Notes Indenture”) among the Company, as issuer, the guarantors thereto and the Bank of New York, as trustee and collateral agent (the “Notes Trust
To UBS Securities: Ladies and Gentlemen:Dune Energy Inc • October 7th, 2011 • Oil & gas field services, nec • New York
This restructuring support and lockup letter agreement (together with the exhibits and schedule hereto, this “Agreement”) sets forth certain terms and conditions pursuant to which Dune Energy, Inc. (the “Company”) will restructure its indebtedness by consummating an out-of-court restructuring or a prearranged or prepackaged plan of reorganization in a voluntary case (the “Chapter 11 Case”) to be filed under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the “Bankruptcy Code”) to be effectuated with the support (as set forth herein) of UBS Securities LLC (“UBS”) holding approximately 64% of the 10% Senior Redeemable Convertible Preferred Stock of the Company (the “Preferred Stock”) issued under the Certificate of Designation of 10% Senior Redeemable Convertible Preferred Stock of Dune Energy, Inc., Article Fourth of the Amended and Restated Certificate of Incorporation of Dune Energy, Inc. and the resolution of the board of directors of the Company adopted o
