AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation • Louisiana
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of September 4, 2020, by and between Hornbeck Offshore Operators, LLC, a Delaware limited liability company (the “Company”), and James O. Harp, Jr., an individual (the “Executive”). This Agreement shall become effective on the effective date of the Company’s Plan of Reorganization (such date, the “Effective Date”). Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in Section 22.
AMENDMENT NO. 1 TO SECOND LIEN CREDIT AGREEMENT AND AMENDMENT NO. 1 TO THE EFFECTIVE DATE JUNIOR LIEN INTERCREDITOR AGREEMENTSecond Lien Credit Agreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation • New York
This FIRST AMENDMENT (this “First Amendment”), dated as of December 22, 2021, is made by and among Hornbeck Offshore Services, Inc., a Delaware corporation (“HOSI” or the “Parent Borrower”); Hornbeck Offshore Services, LLC, a Delaware limited liability company (“HOS” or the “Co-Borrower”); and the Parent Borrower together with the Co-Borrower, collectively, the “Borrowers” and each, a “Borrower”; each of the Lenders party hereto; Wilmington Trust, National Association as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”); and Wilmington Trust, National Association, as collateral agent for the Lenders (in such capacity, together with its successors in such capacity, the “Collateral Agent”) and as Debt Representative (as defined in the Effective Date Junior Lien Intercreditor Agreement). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Amended Second Lien Cre
CREDITOR WARRANT AGREEMENT Between Hornbeck Offshore Services, Inc., AS ISSUER, And Computershare, Inc. and Computershare Trust Company, N.A., collectively, AS WARRANT AGENT September 4, 2020Creditor Warrant Agreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation • Delaware
This CREDITOR WARRANT AGREEMENT (this “Agreement”) is dated as of September 4, 2020, between Hornbeck Offshore Services, Inc., a Delaware corporation, as issuer (the “Company”), and Computershare, Inc., a Delaware corporation, and its wholly owned subsidiary, Computershare Trust Company, N.A., a federally chartered trust company (collectively, including any successors thereto, the “Warrant Agent”).
SECOND AMENDMENT TO SECOND LIEN CREDIT AGREEMENTSecond Lien Credit Agreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation • New York
This SECOND AMENDMENT TO SECOND LIEN CREDIT AGREEMENT (this “Second Amendment”), dated as of June 6, 2022, is made by and among Hornbeck Offshore Services, Inc., a Delaware corporation (“HOSI” or the “Parent Borrower”); Hornbeck Offshore Services, LLC, a Delaware limited liability company (“HOS” or the “Co-Borrower”); and the Parent Borrower together with the Co-Borrower, collectively, the “Borrowers” and each, a “Borrower”; each of the Lenders party hereto; Wilmington Trust, National Association as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”); and Wilmington Trust, National Association, as collateral agent for the Lenders (in such capacity, together with its successors in such capacity, the “Collateral Agent”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Amended Second Lien Credit Agreement (as defined below).
SETTLEMENT TERM SHEETSettlement Term Sheet • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation
This Settlement Term Sheet is entered into by and among Hornbeck Offshore Services, LLC (“HOS”), Gulf Island Shipyards, LLC (“G1S”), Gulf Island Fabrication, Inc. (“GIFI”), Fidelity & Deposit Company of Maryland (“F&D”) and Zurich American Insurance Company (F&D and Zurich American Insurance Company, collectively, “Zurich”) and made effective as of this 3rd day of October 2023.
AMENDMENT NO. 1 JONES ACT WARRANT AGREEMENT Between Hornbeck Offshore Services, Inc. AS ISSUER and Computershare Inc. and Computershare Trust Company, N.A., AS WARRANT AGENT and Certain Holders Signatory Hereto AS CONSENTING HOLDERS DECEMBER 31, 2020Jones Act Warrant Agreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation • Delaware
AMENDMENT NO. 1 (this “Amendment”) dated as of DECEMBER 31, 2020 to the Jones Act Warrant Agreement dated as of September 4, 2020 (“Jones Act Warrant Agreement”), among Hornbeck Offshore Services, Inc. (the “Issuer), Computershare Inc. and Computershare Trust Company, N.A., as warrant agent (the “Warrant Agent”) and the Holders signatory hereto (the “Consenting Holders”).
SECURITYHOLDERS AGREEMENT by and among HORNBECK OFFSHORE SERVICES, INC. and THE OTHER PARTIES TO THIS AGREEMENT Dated as of September 4, 2020Securityholders Agreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation • Delaware
THIS SECURITYHOLDERS AGREEMENT (this “Agreement”), dated effective as of September 4, 2020 (the “Effective Date”), is entered into by and among Hornbeck Offshore Services, Inc., a Delaware corporation (the “Company”), and each of the Securityholders (as defined below).
JONES ACT ANTI-DILUTION WARRANT AGREEMENT Between Hornbeck Offshore Services, Inc., AS ISSUER, And Computershare, Inc. and Computershare Trust Company, N.A., collectively, AS WARRANT AGENT September 4, 2020Dilution Warrant Agreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation • Delaware
This JONES ACT ANTI-DILUTION WARRANT AGREEMENT (this “Agreement”) is dated as of September 4, 2020, between Hornbeck Offshore Services, Inc., a Delaware corporation, as issuer (the “Company”), and Computershare, Inc., a Delaware corporation, and its wholly owned subsidiary, Computershare Trust Company, N.A., a federally chartered trust company (collectively, including any successors thereto, the “Warrant Agent”).
AMENDMENT NO. 2 TO SECURITYHOLDERS AGREEMENT OF HORNBECK OFFSHORE SERVICES, INC.Securityholders Agreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation
THIS AMENDMENT NO. 2 to SECURITYHOLDERS AGREEMENT of HORNBECK OFFSHORE SERVICES, INC. (this “Second Amendment”) is entered into as of July 7, 2023 by and among HORNBECK OFFSHORE SERVICES, INC., a Delaware corporation (the “Company”), and each of the undersigned Securityholders of the Company. All capitalized terms which are not specifically defined in this Second Amendment shall have the meanings given to those terms in the Existing Agreement.
AMENDMENT NO. 1 TO SECURITYHOLDERS AGREEMENT OF HORNBECK OFFSHORE SERVICES, INC.Securityholders Agreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation
THIS AMENDMENT NO. 1 to SECURITYHOLDERS AGREEMENT of HORNBECK OFFSHORE SERVICES, INC. (this “Amendment”) is entered into as of December 2, 2021 by and among HORNBECK OFFSHORE SERVICES, INC., a Delaware corporation (the “Company”), and each of the undersigned Securityholders of the Company. All capitalized terms which are not specifically defined in this Amendment shall have the meanings ascribed thereto in the Existing Agreement (as defined below).
JONES ACT WARRANT AGREEMENT Between Hornbeck Offshore Services, Inc., AS ISSUER, And Computershare, Inc. and Computershare Trust Company, N.A., collectively, AS WARRANT AGENT September 4, 2020Jones Act Warrant Agreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation • Delaware
This JONES ACT WARRANT AGREEMENT (this “Agreement”) is dated as of September 4, 2020, between Hornbeck Offshore Services, Inc., a Delaware corporation, as issuer (the “Company”), and Computershare, Inc., a Delaware corporation, and its wholly owned subsidiary, Computershare Trust Company, N.A., a federally chartered trust company (collectively, including any successors thereto, the “Warrant Agent”).
TAKEOVER AGREEMENTTakeover Agreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation
This Takeover Agreement (“Agreement”) is made and entered into, by and between Hornbeck Offshore Services, LLC (“Obligee”), on the one hand, and Fidelity & Deposit Company of Maryland and Zurich American Insurance Company (collectively, the “Surety”), on the other hand.
INTEREST RATE INDEX REPLACEMENT AGREEMENT AND SECOND AMENDMENT TO FIRST LIEN CREDIT AGREEMENTFirst Lien Credit Agreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation • New York
This INTEREST RATE INDEX REPLACEMENT AGREEMENT AND SECOND AMENDMENT TO FIRST LIEN CREDIT AGREEMENT (this “Second Amendment”), executed on the date set forth below, to be effective as of the 20th day of July, 2023 (“Effective Date”), and is between HORNBECK OFFSHORE SERVICES, INC., a Delaware corporation (“HOSI” or the “Parent Borrower”); HORNBECK OFFSHORE SERVICES, LLC, a Delaware limited liability company (“HOS” or the “Co-Borrower”; and the Parent Borrower together with the Co-Borrower, collectively, the “Borrowers” and each, a “Borrower”); each of the Lenders from time to time party hereto; WILMINGTON TRUST, NATIONAL ASSOCIATION, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”); and WILMINGTON TRUST, NATIONAL ASSOCIATION, as collateral agent for the Lenders (in such capacity, together with its successors in such capacity, the “Collateral Agent”).
FIRST AMENDMENT TO RESTATED FIRST LIEN CREDIT AGREEMENTAgreement • December 7th, 2023 • Hornbeck Offshore Services Inc /La • Water transportation • New York
This FIRST AMENDMENT TO RESTATED FIRST LIEN CREDIT AGREEMENT (this “First Amendment”), dated as of June 6, 2022, is made by and among Hornbeck Offshore Services, Inc., a Delaware corporation (“HOSI” or the “Parent Borrower”); Hornbeck Offshore Services, LLC, a Delaware limited liability company (“HOS” or the “Co-Borrower”); and the Parent Borrower together with the Co-Borrower, collectively, the “Borrowers” and each, a “Borrower”; each of the Lenders party hereto; Wilmington Trust, National Association as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”); and Wilmington Trust, National Association, as collateral agent for the Lenders (in such capacity, together with its successors in such capacity, the “Collateral Agent”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Existing Restated First Lien Credit Agreement (as defined below).
