Texas | 001-35281 | 98-0581100 | ||
(State or other jurisdiction of incorporation or organization) | (Commission File Number) | (I.R.S. Employer Identification Number) | ||
3000 South Business Highway 281 Alice, Texas | 78332 | |||
(Address of Principal Executive Offices) | (Zip Code) |
o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
(d) | Exhibits. | |||
10.1* | Amendment No. 4 to the Forbearance Agreement dated as of November 30, 2016. | |||
10.2 | Amendment No. 3 to the Forbearance Agreement dated as of November 15, 2016 (incorporated by reference to Exhibit 10.1 to the Company's Current Report on Form 8-K filed November 17, 2016). | |||
10.3 | Amendment No. 2 to the Forbearance Agreement dated as of October 14, 2016 (incorporated by reference to Exhibit 10.1 to the Company's Current Report on Form 8-K filed October 18, 2016). | |||
10.4 | Amendment No. 1 to the Forbearance Agreement dated as of September 13, 2016 (incorporated by reference to Exhibit 10.1 to the Company's Current Report on Form 8-K filed September 16, 2016). | |||
10.5 | Forbearance Agreement dated as of July 15, 2016 (incorporated by reference to Exhibit 10.2 to the Company's Quarterly Report on Form 10-Q for the quarter ended June 30, 2016 filed August 15, 2016). |
Forbes Energy Services Ltd. | ||||
Date: December 1, 2016 | By: /s/ L. Melvin Cooper | |||
L. Melvin Cooper | ||||
Senior Vice President and Chief Financial Officer | ||||
1. | Definition of Forbearance Termination Date: Section 1(a) of the Forbearance Agreement with respect to the definition of the “Forbearance Termination Date” is hereby amended and restated in its entirety as follows: |
2. | Forbearance Conditions: Section 3(b) of the Forbearance Agreement is hereby amended and restated as follows: |
3. | Condition Precedent to Effectiveness of Amendment: It shall be a condition precedent to the effectiveness of this Amendment that REGIONS BANK, an Alabama bank organized under the laws of the State of Alabama, has entered into that certain First Amendment to Forbearance Agreement and Fourth Amendment to Loan and Security Agreement, which agreement changes the definition of Forbearance Termination Date to: |
4. | No Other Amendment: Except as expressly set forth herein, this Amendment shall not by implication or otherwise alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Forbearance Agreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect. |
ISSUER: | ||
FORBES ENERGY SERVICES LTD | ||
By:___________________________________ | ||
Name: _____________________________ | ||
Title:_______________________________ | ||
GUARANTORS: FORBES ENERGY SERVICES, LLC | ||
By:___________________________________ | ||
Name: _____________________________ | ||
Title:_______________________________ | ||
TX ENERGY SERVICES, LLC | ||
By:___________________________________ | ||
Name: _____________________________ | ||
Title:_______________________________ | ||
C. C. FORBES, LLC | ||
By:___________________________________ | ||
Name: _____________________________ | ||
Title:_______________________________ | ||
FORBES ENERGY INTERNATIONAL, LLC | ||
By:___________________________________ | ||
Name: _____________________________ | ||
Title:_______________________________ |
HOLDERS: | ||
By:___________________________________ | ||
Name: _____________________________ | ||
Title:_______________________________ | ||
By:___________________________________ | ||
Name: _____________________________ | ||
Title:_______________________________ | ||
By:___________________________________ | ||
Name: _____________________________ | ||
Title:_______________________________ | ||
By:___________________________________ | ||
Name: _____________________________ | ||
Title:_______________________________ | ||
By:___________________________________ | ||
Name: _____________________________ | ||
Title:_______________________________ |