WIND DOWN ENTITY AND DISTRIBUTION AGREEMENTWind Down Entity and Distribution Agreement • October 18th, 2016 • Delaware
This Wind Down Entity and Distribution Agreement (this “Agreement”) is made this [ ] day of , 2016 by and among Hercules Offshore, Inc., a Delaware Corporation (“HERO”), and each of the undersigned direct and indirect subsidiaries of HERO (each a “Debtor” and, collectively, the “Debtors”), and TJB Management Consulting, LLC, as trustee (the “Wind Down Entity Trustee”) and executed in connection with the Debtors’ Modified Joint Prepackaged Chapter 11 Plan (Incorporating Mediation Settlement), dated October [ ], 2016 filed in the Debtors’ Chapter 11 Cases [Docket No. ] (together with the exhibits thereto, the “Plan”)1 pending before the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”).
