Restructuring Support Agreement Sample Contracts

Contract
Restructuring Support Agreement • October 28th, 2022

THIS RESTRUCTURING SUPPORT AGREEMENT IS NOT AN OFFER OR ACCEPTANCE WITH RESPECT TO ANY SECURITIES OR A SOLICITATION OF ACCEPTANCES OF A CHAPTER 11 PLAN WITHIN THE MEANING OF SECTION 1125 OF THE BANKRUPTCY CODE. ANY SUCH OFFER OR SOLICITATION WILL COMPLY WITH ALL APPLICABLE SECURITIES LAWS AND/OR PROVISIONS OF THE BANKRUPTCY CODE. NOTHING CONTAINED IN THIS RESTRUCTURING SUPPORT AGREEMENT SHALL BE AN ADMISSION OF FACT OR LIABILITY OR, UNTIL THE OCCURRENCE OF THE AGREEMENT EFFECTIVE DATE ON THE TERMS DESCRIBED HEREIN, DEEMED BINDING ON ANY OF THE PARTIES HERETO.‌‌‌‌‌‌‌‌

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Restructuring Support Agreement • August 17th, 2007 • Harbinger Capital Partners Master Fund I, Ltd. • Services-membership sports & recreation clubs • New York
EX-99.3 4 d545787dex993.htm EX-99.3 Proposed Execution Version THIS RESTRUCTURING SUPPORT AGREEMENT IS NOT AN OFFER OR ACCEPTANCE WITH RESPECT TO ANY SECURITIES OR A SOLICITATION OF ACCEPTANCES OF A CHAPTER 11 PLAN WITHIN THE MEANING OF SECTION 1125...
Restructuring Support Agreement • May 5th, 2020 • New York

This RESTRUCTURING SUPPORT AGREEMENT (including all exhibits, annexes, and schedules hereto in accordance with Section 17.02, this “Agreement”) is made and entered into as of March 15, 2018 (the “Execution Date”), by and among the following parties, each in the capacity set forth on its signature page to this Agreement (each of the following described in sub-clauses (i) through (iii) of this preamble, collectively, the “Parties”):1

AMENDED AND RESTATED RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • February 12th, 2021 • Ion Geophysical Corp • Oil & gas field exploration services • New York

This AMENDED AND RESTATED RESTRUCTURING SUPPORT AGREEMENT (together with all exhibits, schedules, and attachments hereto (the “Exhibits”), as amended, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”) is entered into as of February 11, 2021 by and among (i) ION Geophysical Corporation (“ION”) and each of the subsidiary guarantors identified on the signature pages hereto (the “Subsidiary Guarantors” and together with ION, the “Company”); and (ii) the undersigned holders of the Existing Second Lien Notes (as defined below) (together with their respective successors and permitted assigns under this Agreement, each a “Supporting Noteholder” and, collectively, the “Supporting Noteholders”) and amends and restates in its entirety that certain Restructuring Support Agreement, dated as of December 23, 2020 by and among (x) the Company; and (y) the Supporting Noteholders (the “Restructuring Support Agreement”). The Company and the Suppo

Restructuring Support Agreement
Restructuring Support Agreement • November 6th, 2018 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations) • New York

This Restructuring Support Agreement (including all exhibits and schedules attached hereto and in accordance with Section 2, this "Agreement")1 is made and entered into as of [●], 2018 (the "Execution Date"), by and among the following parties and any such party that subsequent to the date hereof executes and delivers a joinder to this Agreement ("Joinder Agreement") in the form of Exhibit C or a Transfer Agreement in the form of Exhibit D (each of the foregoing described in sub-clauses (i), (ii), (iii), and (iv), a "Party" and, collectively, the "Parties"):

RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • December 18th, 2020 • New York

This Restructuring Support Agreement, dated as of October 7, 2020 (as amended, supplemented, or otherwise modified from time to time, this “Agreement”), is entered into by and among:

RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • July 25th, 2020 • New York
Analysis
Restructuring Support Agreement • May 23rd, 2019

On May 3, 2019, the Puerto Rico Electric Power Authority (“PREPA”), the Puerto Rico Fiscal Agency and Fi- nancial Advisory Authority (“AAFAF”), and the Financial Oversight and Management Board for Puerto Rico (the “FOMB”), executed a “Definitive Restructuring Support Agreement” (the “RSA”), with the members of the Ad Hoc Group of PREPA Bondholders (the “Ad Hoc Group”), and Assured Guaranty Corp. and Assured Guaranty Municipal Corp. (collectively, “Assured”), for the restructuring of a portion of certain bonds issued by PREPA.

THIRD AMENDMENT TO AMENDED AND RESTATED RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • February 18th, 2020 • PACIFIC GAS & ELECTRIC Co • Electric & other services combined

This Third Amendment to the Amended and Restated Restructuring Support Agreement (“Amendment”) dated as of December 6, 2019 (the “Amendment Effective Date”), is entered into among (i) PG&E Corporation and Pacific Gas and Electric Company, as debtors and debtors in possession in the Chapter 11 Cases (each, a “Debtor” and collectively, the “Company” or the “Debtors”), and (ii) each of the undersigned Consenting Creditors party hereto who collectively constitute the Requisite Consenting Creditors. Unless otherwise defined herein, all capitalized terms used herein that are defined in the Amended and Restated RSA (as defined below) shall have the meanings given such terms in the Amended and Restated RSA.

Re Noble Corporation plc, et al. – Restructuring Support Agreement1
Restructuring Support Agreement • August 31st, 2020 • New York

Posted herewith, please find a copy of that certain Restructuring Support Agreement, dated July 31, 2020 (the “RSA”), entered into by and among:

CAREY REPRESENTS ALTO MAIPO AND STRABAG CREDITORS IN RESTRUCTURING AGREEMENT
Restructuring Support Agreement • September 8th, 2022

Tags: Ariel Milhovilovic, Carey, Chile, Claro & Cía, Cleary Gottlieb, cn2, Felipe Moro, Fernando Noriega, Luke Barefoot, Manuel Alcalde, Manuel José Garcés, Marissa Alcalá, Nicolás Luco, Norton Rose Fullbright, Rebecca Abou-Chedid, Ricardo Reveco, Rodrigo Ochagavía

THIRD AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • October 11th, 2016 • Linn Energy, LLC • Crude petroleum & natural gas • Texas

This THIRD AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT, dated as of October 7, 2016 (this “Third Amendment”), is made and entered into by and among: (i) LinnCo, LLC and Linn Energy, LLC, on behalf of itself and its direct and indirect subsidiaries other than Berry Petroleum Company, LLC (“Berry”) and Linn Acquisition Company, LLC (“LAC”) (together with its direct and indirect subsidiaries other than Berry and LAC, “LINN”); (ii) Berry and LAC (together with LINN, the “Company”); (iii) the undersigned holders (together with their permitted successors and assigns, each a “Consenting LINN Lender”) of claims pursuant to that certain Sixth Amended and Restated Credit Agreement, dated as of April 24, 2013, as amended (the “LINN Credit Agreement”); (iv) the undersigned holders (together with their permitted successors and assigns, each a “Consenting Berry Lender,” and together with the Consenting LINN Lenders, the “Consenting Creditors”) of claims pursuant to that certain Second Amended and R

RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • March 21st, 2012 • Penson Worldwide Inc • Security brokers, dealers & flotation companies • New York

This RESTRUCTURING SUPPORT AGREEMENT (as may be amended, supplemented or otherwise modified as provided herein, the “RSA”), dated as of March 13, 2012, is by and between Penson Worldwide Inc. (the “Company”), a corporation duly organized and existing under the laws of the State of Delaware, Penson Financial Services, Inc. (“PFSI”), and each of their respective subsidiaries and any successors thereto (collectively with the Company and PFSI, the “Company Parties”) and the holders set forth on the signature pages hereto of the (i) 12.5% senior second lien secured notes due 2017 (the “Senior Secured Notes”) issued under the Indenture, dated as of May 6, 2010 (as amended, supplemented, or modified from time to time, the “Secured Notes Indenture”), by and between the Company, as issuer, certain guarantors thereunder, and U.S. Bank National Association, as Indenture Trustee, in the aggregate principal amount of $200,000,000.00; (ii) 8.00% senior convertible notes due 2014 (the “Convertible No

EX-10.1 2 d477008dex101.htm EX-10.1 Execution Version AMENDED AND RESTATED RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • May 5th, 2020 • New York

This RESTRUCTURING SUPPORT AGREEMENT (as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, and including any exhibits or schedules hereto, this “Agreement”), dated as of October 20, 2017, is entered into by and between:

SECOND AMENDED RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • December 1st, 2020 • Ascena Retail Group, Inc. • Retail-apparel & accessory stores • New York

SENIOR SECURED SUPER-PRIORITY DEBTOR-IN-POSSESSION TERM CREDIT AGREEMENT, dated as of September [ ], 2020, among ASCENA RETAIL GROUP, INC., a Delaware corporation, as debtor and debtor-in-possession (the “Parent Borrower”), AnnTaylor Retail, Inc., a Florida corporation as debtor and debtor-in-possession (the “Subsidiary Borrower” and, together with the Parent Borrower, the “Borrowers” and each, a “Borrower”), the LENDERS party hereto and Alter Domus (US) LLC (“Alter Domus”), as Administrative Agent.

AMENDED AND RESTATED RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • December 27th, 2011 • Dynegy Inc. • Electric services • New York

AMENDED AND RESTATED RESTRUCTURING SUPPORT AGREEMENT (this “Agreement”), dated as of December 26, 2011, among (i) Dynegy Inc. (“DI”), (ii) Dynegy Holdings, LLC (“DH”), on behalf of itself and certain of its subsidiaries (collectively, the “Company”)(1) and (iii) the undersigned, each as the beneficial owners (or advisors, nominees or investment managers for the beneficial owner(s)) of a portion of the outstanding Notes (as defined herein) issued by DH (the “Consenting Noteholders” and, together with DI and the Company, each referred to as a “Party” and collectively referred to as the “Parties”).

EX-10.2 7 d183686dex102.htm EX-10.2 EXECUTION VERSION THIS RESTRUCTURING SUPPORT AGREEMENT IS NOT AN OFFER WITH RESPECT TO ANY SECURITIES OR A SOLICITATION OF VOTES WITH RESPECT TO A CHAPTER 11 PLAN OF REORGANIZATION. ANY SUCH OFFER OR SOLICITATION...
Restructuring Support Agreement • May 5th, 2020 • 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

EX-10.1 2 d183633dex101.htm EX-10.1 Execution Version April 15, 2016 SEVENTY SEVEN ENERGY INC. RESTRUCTURING SUPPORT AGREEMENT April 15, 2016 THIS RESTRUCTURING SUPPORT AGREEMENT IS NOT AN OFFER WITH RESPECT TO ANY SECURITIES OR A SOLICITATION OF...
Restructuring Support Agreement • May 5th, 2020 • New York

This Restructuring Support Agreement (together with the exhibits and schedules attached hereto, which includes, without limitation, the Plan Term Sheet (as defined below) attached hereto as Exhibit A,1 as each may be amended, restated, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), dated as of April 15, 2016, is entered into by and among: (i) Seventy Seven Energy Inc. (“HoldCo”); Seventy Seven Finance Inc. (“SSF”); Seventy Seven Operating LLC (“OpCo”); Great Plains Oilfield Rental, L.L.C. (“Great Plains”); Seventy Seven Land Company LLC; Nomac Drilling, L.L.C. (“Nomac”); Performance Technologies, L.L.C. (“PTL”); PTL Prop Solutions, L.L.C.; SSE Leasing, LLC; Keystone Rock & Excavation, L.L.C.; and Western Wisconsin Sand Company, LLC (each, a “Debtor” and, collectively, the “Debtors”)2; (ii) the lender parties to that certain Incremental Term Supplement (Tranche A), dated as of May 13, 2015 (as amended, restated, modified, su

RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • August 21st, 2024 • England
FIFTH AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • July 8th, 2011 • Horizon Lines, Inc. • Water transportation • New York

This FIFTH AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT (this “Amendment”), dated as of July 8, 2011, is by and between Horizon Lines, Inc. (the “Parent”), a corporation duly organized and existing under the laws of the State of Delaware, and all of its subsidiaries and any successors thereto (collectively with the Parent, the “Company”) and the holder set forth on the signature page (the “Exchanging Holder”) to the Amendment (as hereinafter defined) of the 4.25% convertible senior notes due 2012 (the “Notes”) issued under the Indenture, dated as of August 8, 2007 (as amended, supplemented, or modified from time to time, the “Indenture”), by and between the Parent, as issuer, and The Bank of New York Trust Company, N.A., as Trustee, in the aggregate principal amount of $330,000,000.00. The Exchanging Holder, the Company, and each other person that becomes a party hereto in accordance with the terms hereof shall be referred to herein individually as a “Party” and, collectively, as the “

ACCURIDE CORPORATION RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • October 8th, 2009 • Accuride Corp • Motor vehicle parts & accessories • New York

Application Pursuant to Sections 327(a) and 328(a) of the Bankruptcy Code for an Order Authorizing the Debtors to Retain and Employ Edward Howard & Co. as Corporate Communications Consultants for the Debtors Nunc Pro Tunc to the Petition Date

RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • May 18th, 2018 • Rex Energy Corp • Crude petroleum & natural gas • New York

This RESTRUCTURING SUPPORT AGREEMENT (as amended, supplemented, or otherwise modified from time to time in accordance with the terms hereof, together with all exhibits attached hereto and incorporated herein, this “Agreement”) is made and entered into as of May 18, 2018, by and among the following: (i) Rex Energy Corporation (“Rex”), a company incorporated in the State of Delaware, and each of the undersigned direct and indirect subsidiaries of Rex (collectively, with Rex, the “Company” or the “Debtors”, and each individually, a “Debtor”); (ii) the undersigned persons listed on Exhibit A hereto (the “Consenting Noteholders”) who are beneficial owners of and/or the investment manager of the beneficial owners of the Company’s 1.00%/8.00% Senior Secured Second Lien Notes due 2020 (collectively, such notes, the “Second Lien Notes”) issued under that certain Indenture, dated as of March 31, 2016 (as amended, restated, supplemented or otherwise modified from time to time, the “Second Lien No

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RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • June 23rd, 2020 • Amryt Pharma PLC • Pharmaceutical preparations

This Restructuring Support Agreement (as amended, restated, supplemented or otherwise modified from time to time in accordance with the terms set forth herein, this “Agreement”), dated as of May 20, 2019, is made by and among: (a) Aegerion Pharmaceuticals, Inc. (“Aegerion”) and each of its subsidiaries that are party hereto (collectively with Aegerion, the “Company”); (b) each of the undersigned holders (each, a “Consenting Lender” and, collectively, the “Consenting Lenders”, including any holders that execute a Lender Joinder (as defined below) after the date hereof) of claims (as defined in section 101(5) of title 11 of the United States Code (the “Bankruptcy Code”)) against the Company (the “Claims”) arising under or in connection with: (i) that certain Indenture, dated as of August 15, 2014 (as amended, supplemented or otherwise modified prior to the date hereof, the “Convertible Notes Indenture” and a holder of such Claims, the “Consenting Noteholders”), (ii) that certain Bridge C

RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • December 16th, 2021 • Qatar Airways Investments (UK) Ltd. • Air transportation, scheduled • New York

This Restructuring Support Agreement, dated as of November 26, 2021 (including all exhibits and Schedules attached hereto, including the Restructuring Term Sheets (as defined below), the “Agreement”), by and among the following parties (each, a “Party” and, collectively, the “Parties”):

NINTH AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • August 22nd, 2011 • Horizon Lines, Inc. • Water transportation • New York

This NINTH AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT (this “Amendment”), dated as of August 19, 2011, is by and between Horizon Lines, Inc. (the “Parent”), a corporation duly organized and existing under the laws of the State of Delaware, and all of its subsidiaries and any successors thereto (collectively with the Parent, the “Company”) and the holder set forth on the signature page (the “Exchanging Holder”) to the Amendment (as hereinafter defined) of the 4.25% convertible senior notes due 2012 (the “Notes”) issued under the Indenture, dated as of August 8, 2007 (as amended, supplemented, or modified from time to time, the “Indenture”), by and between the Parent, as issuer, and The Bank of New York Trust Company, N.A., as Trustee, in the aggregate principal amount of $330,000,000.00. The Exchanging Holder, the Company, and each other person that becomes a party hereto in accordance with the terms hereof shall be referred to herein individually as a “Party” and, collectively, as th

THIS AGREEMENT IS NOT AN OFFER WITH RESPECT TO ANY SECURITIES OR A SOLICITATION OF ANY KIND. SUCH AN OFFER OR SOLICITATION WILL BE MADE ONLY IN COMPLIANCE WITH ALL APPLICABLE SECURITIES LAWS RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • April 7th, 2009 • EPIX Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

RESTRUCTURING SUPPORT AGREEMENT, dated as of April 6, 2009, by and among EPIX Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and (i) each of the undersigned beneficial owners of (or investment managers or advisors for accounts or funds that beneficially own) Notes (as defined below), and (ii) each other beneficial owner of (or investment manager or advisor for accounts or funds that beneficially own) Notes that executes a counterpart signature page to this Agreement after the date of this Agreement as provided herein (together with their applicable transferees, successors and assigns, each a “Noteholder” and, collectively, the “Noteholders”).

AMENDED AND RESTATED RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • July 10th, 2020 • Covia Holdings Corp • Mining & quarrying of nonmetallic minerals (no fuels) • New York

This AMENDED AND RESTATED RESTRUCTURING SUPPORT AGREEMENT (including all exhibits, annexes, and schedules hereto in accordance with Section 16.02, this “Agreement”) is made and entered into as of July 7, 2020 (the “Execution Date”), by and among the following parties (each of the following described in sub-clauses (i) through (ii) of this preamble, collectively, the “Parties”):1

RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • March 29th, 2013 • Broadview Networks Holdings Inc • Telephone communications (no radiotelephone) • New York
RSA
Restructuring Support Agreement • October 16th, 2023 • Rite Aid Corp • Retail-drug stores and proprietary stores

RSA · The Company and the ad hoc group of senior secured noteholders (the “Secured AHG”) shall enter into a restructuring support agreement (“RSA”) consistent with the terms set forth herein and as otherwise agreed by the Company and Consenting Noteholders that hold at least 66.67% of the aggregate principal amount of Secured Notes outstanding as of the petition date. · RSA effectiveness shall be subject to the following CP (in addition to other customary CPs): o RSA shall be entered into by holders of at least 66.67% of the aggregate principal amount of Secured Notes outstanding as of the petition date (such participating holders, the “Consenting Noteholders”); o RSA shall contain, among other terms, (i) a covenant by the Debtors to make commercially reasonable efforts to sell, transfer, or otherwise monetize the CMS Receivable and to keep the professionals for the Required Consenting Noteholders and DIP ABL/FILO/Term Loan Lenders reasonably informed on the status thereof; (ii) will c

SECOND AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • September 26th, 2016 • Berry Petroleum Company, LLC • Crude petroleum & natural gas • Texas

This SECOND AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT, dated as of September 23, 2016 (this “Second Amendment”), is made and entered into by and among: (i) LinnCo, LLC and Linn Energy, LLC, on behalf of itself and its direct and indirect subsidiaries other than Berry Petroleum Company, LLC (“Berry”) and Linn Acquisition Company, LLC (“LAC”) (together with its direct and indirect subsidiaries other than Berry and LAC, “LINN”); (ii) Berry and LAC (together with LINN, the “Company”); (iii) the undersigned holders (together with their permitted successors and assigns, each a “Consenting LINN Lender”) of claims pursuant to that certain Sixth Amended and Restated Credit Agreement, dated as of April 24, 2013, as amended (the “LINN Credit Agreement”); (iv) the undersigned holders (together with their permitted successors and assigns, each a “Consenting Berry Lender,” and together with the Consenting LINN Lenders, the “Consenting Creditors”) of claims pursuant to that certain Second Amended

RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • October 13th, 2020 • Mallinckrodt PLC • Pharmaceutical preparations • New York

This RESTRUCTURING SUPPORT AGREEMENT (as amended, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this “RSA” and, together with the Term Sheet (as defined below), this “Agreement”), dated as of October 11, 2020, is entered into by and among the following parties:1

AMENDED AND RESTATED RESTRUCTURING SUPPORT AGREEMENT
Restructuring 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

FIRST AMENDED RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • September 14th, 2018 • Claires Stores Inc • Retail-apparel & accessory stores • New York

This First Amended Restructuring Support Agreement dated as of March 19, 2018 (as amended, supplemented, or otherwise modified from time to time, this “Agreement”), as amended as of July 7, 2018, is among: (i) Claire’s Inc. (“Claire’s”) and each of its direct and indirect wholly-owned domestic subsidiaries identified on the signature pages attached hereto (collectively, the “Company”), (ii) Apollo Management Holdings, L.P., as manager and/or investment advisor of funds that are the owners and/or beneficial holders of interests in and claims against the Company (together with its affiliates, the “Sponsor”), and (iii) each of the undersigned creditors party hereto from time to time (including Transferees and Joining Parties, collectively the “Consenting Creditors,” and together with the Sponsor and the Company, each a “Party” and, collectively, the “Parties”). All capitalized terms not defined herein shall have the meanings ascribed to them in the restructuring term sheet attached hereto

Ultrapetrol (Bahamas) Limited Restructuring Support Agreement November 18, 2016
Restructuring Support Agreement • May 5th, 2020 • New York

This Agreement is entered into as of November 18, 2016 by and among (i) Ultrapetrol (Bahamas) Limited ("Parent"), (ii) each of Parent's direct and indirect subsidiaries set forth on Schedule 1 herein and party hereto (each, a "Subsidiary" and, collectively, the "Subsidiaries" and together with Parent, collectively, the "Company"), (iii) each of the undersigned Noteholders (as defined below) (together with any Noteholders that subsequently become a party to this Agreement in accordance with the terms hereof, collectively, the "Supporting Noteholders"), (iv) International Finance Corporation (the "IFC Lender"), (v) The OPEC Fund for International Development (the "OFID Lender" and together with the IFC Lender, collectively, the "IFC-OFID Lenders"), (vi) Southern Cross Latin America Private Equity Fund III, L.P. and Southern Cross Latin America Private Equity Fund IV, L.P. (collectively, "Southern Cross") and (vii) Sparrow Capital Investments Ltd. and Sparrow CI Sub Ltd. (collectively, "S

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