WARRANT AGREEMENT Dated as of April 9, 2012 between HORIZON LINES, INC., and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Warrant Agent Warrants for Common StockWarrant Agreement • April 13th, 2012 • Horizon Lines, Inc. • Water transportation • New York
WARRANT AGREEMENT dated as of April 9, 2012 (this “Agreement”), between Horizon Lines, Inc., a Delaware corporation (the “Company”), and The Bank of New York Mellon Trust Company, N.A., as warrant agent (the “Warrant Agent”).
AMENDED AND RESTATED RESTRUCTURING SUPPORT AGREEMENTRestructuring Support Agreement • April 13th, 2012 • Horizon Lines, Inc. • Water transportation • New York
This AMENDED AND RESTATED RESTRUCTURING SUPPORT AGREEMENT (as it may be amended, supplemented or otherwise modified as provided herein, this “RSA”), initially dated as of March 26, 2012 and amended and restated as of April 9, 2012, is by and between Horizon Lines, Inc. (the “Parent”), and all of its subsidiaries (collectively with the Parent, the “Company”) and the holder set forth on the signature page hereto (the “Participating Holder”) of the (i) 11.00% first lien secured notes due 2016 (the “First Lien Secured Notes”) issued under the Indenture, dated as of October 5, 2011 (as amended, supplemented, or modified from time to time, the “First Lien Notes Indenture”), by and between Horizon Lines, LLC, as issuer, and U.S. Bank National Association, as Trustee, in the initial aggregate principal amount of $225,000,000.00, (ii) 13-15% second lien secured notes due 2016 (the “Second Lien Secured Notes”) issued under the Indenture, dated as of October 5, 2011 (as amended, supplemented, or
AMENDMENT TO CREDIT AGREEMENT AND ACKNOWLEDGEMENTCredit Agreement • April 13th, 2012 • Horizon Lines, Inc. • Water transportation • New York
THIS AMENDMENT TO CREDIT AGREEMENT AND ACKNOWLEDGEMENT dated as of April 9, 2012 (this “Agreement”), is entered into among HORIZON LINES, INC., a Delaware corporation (“Parent”), HORIZON LINES, LLC, a Delaware limited liability company (the “Borrower”), the Lenders party hereto, and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as administrative agent for the Lenders (in such capacity, the “Agent”).
FIRST SUPPLEMENTAL INDENTURE (TO SECOND LIEN INDENTURE)First Supplemental Indenture • April 13th, 2012 • Horizon Lines, Inc. • Water transportation • New York
THIS FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) is dated as of April 9, 2012, and has been entered into by and between Horizon Lines, LLC, a Delaware limited liability company, having its principal office at 4046 Colony Road, Suite 200, Charlotte, North Carolina 28211 (the “Company”), the guarantors listed on the signature pages hereto (the “Guarantors”) and U.S. Bank National Association, as trustee (the “Trustee”) and collateral agent.
FIRST SUPPLEMENTAL INDENTURE (TO FIRST LIEN INDENTURE)First Supplemental Indenture • April 13th, 2012 • Horizon Lines, Inc. • Water transportation • New York
THIS FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) is dated as of April 9, 2012, and has been entered into by and between Horizon Lines, LLC, a Delaware limited liability company, having its principal office at 4046 Colony Road, Suite 200, Charlotte, North Carolina 28211 (the “Issuer”), the guarantors listed on the signature pages hereto (the “Guarantors”) and U.S. Bank National Association, as trustee (the “Trustee”) and collateral agent.
ContractRegistration Rights Agreement • April 13th, 2012 • Horizon Lines, Inc. • Water transportation • New York
THIS FIRST AMENDMENT TO THE REGISTRATION RIGHTS AGREEMENTS (this “Amendment”) is made as of April 3, 2012, by and among Horizon Lines, LLC, a Delaware limited liability company (the “Company”), Horizon Lines, Inc. and its subsidiaries set forth on the signature page hereto (collectively, the “Guarantors”) and the Purchasers, governing each of the Company’s (i) 11.0% Senior Secured Notes due 2016 and (ii) Second Lien Senior Secured Notes due 2016. The Company, the Guarantors and the Purchasers are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. Capitalized terms used herein but not defined herein shall have the meanings given to such terms in the Registration Rights Agreements (as herein defined).
FIRST SUPPLEMENTAL INDENTURE (TO CONVERTIBLE INDENTURE)Supplemental Indenture • April 13th, 2012 • Horizon Lines, Inc. • Water transportation • New York
THIS FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) is dated as of April 9, 2012, and has been entered into by and between Horizon Lines, Inc., a Delaware corporation, having its principal office at 4046 Colony Road, Suite 200, Charlotte, North Carolina 28211 (the “Company”), the guarantors listed on the signature pages hereto (the “Guarantors”) and U.S. Bank National Association, as trustee (the “Trustee”) and collateral agent.
GLOBAL TERMINATION AGREEMENTGlobal Termination Agreement • April 13th, 2012 • Horizon Lines, Inc. • Water transportation • New York
THIS GLOBAL TERMINATION AGREEMENT, dated as of April 5, 2012 (this “Agreement”), is made by and among Horizon Lines, Inc., a Delaware corporation (the “Guarantor”), Horizon Lines, LLC, a Delaware limited liability company (the “Charterer” and together with the Guarantor, the “HRZ Parties”), Ship Finance International Limited, a Bermuda company (“SFIL”), SFL Holdings, LLC, a Delaware limited liability company (“SFL Holdings”), HL Eagle LLC, a Delaware limited liability company (“HL Eagle”), HL Falcon LLC, a Delaware limited liability company (“HL Falcon”), HL Hawk LLC, a Delaware limited liability company (“HL Hawk”), HL Hunter LLC, a Delaware limited liability company (“HL Hunter”), and HL Tiger LLC, a Delaware limited liability company (“HL Tiger,” and together with HL Eagle, HL Falcon, HL Hawk and HL Hunter, collectively, the “Owners”), SFL Container Holding Limited, a Bermuda company and wholly owned subsidiary of SFIL (“SFL Container,” and together with SFIL, SFL Holdings, and the
