RESTRUCTURING SUPPORT AGREEMENT by and among HERCULES OFFSHORE, INC. AND ITS SUBSIDIARIES PARTY HERETO and THE UNDERSIGNED CREDITOR PARTIES dated as of May 26, 2016Restructuring Support Agreement • May 27th, 2016 • Hercules Offshore, Inc. • Drilling oil & gas wells • New York
This RESTRUCTURING SUPPORT AGREEMENT (as the same may be amended, modified or supplemented from time to time in accordance with the terms hereof and including all exhibits annexed hereto which are incorporated by reference herein, this “Agreement”), dated as of May 26, 2016, is entered into by and among (x) Hercules Offshore, Inc., a Delaware corporation (“HERO”), and each of the undersigned direct and indirect subsidiaries of HERO (the “Subsidiaries,” and together with HERO, the “HERO Entities”) and (y) each of the undersigned parties, severally and not jointly (each, together with their respective successors and permitted assigns and any subsequent holder of First Lien Claims (as defined below) that becomes party hereto in accordance with the terms hereof, collectively, an “Ad Hoc Group Member” and collectively, the “Ad Hoc Group”) who are holders of (i) First Lien Claims, and (ii) in certain cases, common shares issued by HERO (the “HERO Common Stock”). Each of the HERO Entities and
Dated 26 May 2016 HERCULES BRITISH OFFSHORE LIMITED as Existing Contractor MAERSK OIL NORTH SEA UK LIMITED as Operator and MAERSK HIGHLANDER UK LIMITED as New Contractor Novation and amendment agreement in respect of CONTRACT NO 173756 for the...Novation and Amendment Agreement • May 27th, 2016 • Hercules Offshore, Inc. • Drilling oil & gas wells
AMENDED AND RESTATED FORBEARANCE AGREEMENTForbearance Agreement • May 27th, 2016 • Hercules Offshore, Inc. • Drilling oil & gas wells • New York
This Amended and Restated Forbearance Agreement (this “Agreement”) is entered into as of May 26, 2016, by and among Hercules Offshore, Inc., a Delaware corporation (the “Borrower”), the Subsidiary Guarantors, Jefferies Finance LLC, as administrative agent (in such capacity, the “Administrative Agent”) and collateral agent (in such capacity, the “Collateral Agent”) and the Lenders signatory hereto. Any capitalized terms not specifically defined herein will have the meaning ascribed to them in the Credit Agreement.
THIS DEED (this Deed) is made this 26 day of May 2016 by and among (each a Party and together the Parties). BACKGROUND NOW IT IS HEREBY AGREED AS FOLLOWS:Deed • May 27th, 2016 • Hercules Offshore, Inc. • Drilling oil & gas wells • England and Wales
BILL OF SALE AND ASSIGNMENTBill of Sale and Assignment • May 27th, 2016 • Hercules Offshore, Inc. • Drilling oil & gas wells
THIS BILL OF SALE AND ASSIGNMENT (this Bill of Sale) is dated May 26, 2016 (the Execution Date), from Hercules Offshore Inc., a Delaware corporation, whose registered office is at 1675 S. State Street STE B, Dover, DE 99001, United States of America (HOI) and Hercules British Offshore Limited, a company organised under the laws of England and Wales and having its registered office at International House, 1 St. Katherine’s Way, London E1W 1AY, United Kingdom (HBOL) to Jurong Shipyard Pte Ltd., a company registered in Singapore, whose registered office is at 29 Tanjong Kling Road, Singapore 628054 (the Buyer). Hereinafter, where the context dictates, depending on the contract counterparty to the relevant Rig Equipment contract, HOI or HBOL are sometimes referred to individually herein as Seller. Hereinafter, Seller and Buyer may each be referred to as “Party” and together as “Parties”.
Dated 26 May 2016 HERCULES BRITISH OFFSHORE LIMITED as Existing Charterers DOCKWISE SHIPPING B.V. as Owner and MAERSK HIGHLANDER UK LIMITED as New Charterers Novation and amendment agreement in respect of a HEAVYCON 2007 - Standard Heavylift Charter...Novation and Amendment Agreement • May 27th, 2016 • Hercules Offshore, Inc. • Drilling oil & gas wells
