RESTRUCTURING SUPPORT AGREEMENTRestructuring Support Agreement • December 23rd, 2016 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
This RESTRUCTURING SUPPORT AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of December 21, 2016, by and among (1) FORBES ENERGY SERVICES LTD., a Texas corporation (“FES”); FORBES ENERGY SERVICES LLC, a limited liability company formed under the laws of the State of Delaware, TX ENERGY SERVICES, LLC, a limited liability company formed under the laws of the State of Delaware; C.C. FORBES, LLC, a limited liability company formed under the laws of the State of Delaware; and FORBES ENERGY INTERNATIONAL, LLC, a limited liability company formed under the laws of the State of Delaware (collectively, the “FES Parties”) and (2) the undersigned beneficial holders, or investment advisers or managers for the account of beneficial holders, of the 9% Senior Notes due 2019 (the “Notes”) issued pursuant to that certain indenture dated as of June 7, 2011 (the “Indenture”) by and among FES as Issuer, each of the guarantors named therein and Wells F
BACKSTOP AGREEMENTBackstop Agreement • December 23rd, 2016 • Forbes Energy Services Ltd. • Oil & gas field services, nec • New York
Agreement 1 Lender Percentages 1 Backstop Commitments 4 Lender Replacement 6 Backstop Lenders 1 Lender Replacement Funds 6 Backstop Premium 5 Lender Replacement Notice 5 Bankruptcy Code 1 Lender Termination 5 Bankruptcy Court 1 Losses 21 Business Day 2 Material Adverse Effect 7 Chapter 11 Cases 1 Outside Date 18 Company 1 Participating Lender 6 Company Replacement Notice 5 Petition Date 1 Confirmation Date 18 Plan 1 Confirmation Order 1 Plan Effective Date 1 Credit Agreement 1 Purchase Notice 4 Debtors 1 Put Option 3 Defaulting Lender 5 Put Option Exercise Period 3 Disclosure Statement 13 Replacement Right 5 Environmental Law 9 Requisite Lenders 2 Exchange Act 8 Restructuring Support Agreement 1 Exchange Act Documents 8 Rights Expiration Time 2 Final Replacement Notice 6 Satisfaction Notice 4 Funding Price 1 Subscription Agent 2 Hazardous Materials 9 Subscription Documents 3 HSR Act 14 Taxes 11 Indemnified Claim 21 Terminating Lender 5 Indemnified Person 20 Termination Fee 20 Intellect
