CREDIT AGREEMENT among HORIZON LINES, INC., as Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER FROM TIME TO TIME PARTIES HERETO, as Guarantors, THE LENDERS PARTIES HERETO, BANK OF AMERICA, N.A., as Syndication Agent, GOLDMAN SACHS CREDIT PARTNERS L.P.,...Credit Agreement • August 13th, 2007 • Horizon Lines, Inc. • Water transportation • New York
CREDIT AGREEMENT, dated as of August 8, 2007 among HORIZON LINES, INC., a Delaware corporation (the “Borrower”), each of those Subsidiaries of the Borrower identified as a “Guarantor” on the signature pages hereto and such other Subsidiaries of the Borrower as may from time to time become a party hereto, as “Guarantors” (each a “Guarantor” and, collectively, the “Guarantors”), the several banks and other financial institutions as are, or may from time to time become parties to this Agreement (each a “Lender” and, collectively, the “Lenders”) and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent” or the “Agent”).
Horizon Lines, Inc. Registration Rights AgreementRegistration Rights Agreement • August 13th, 2007 • Horizon Lines, Inc. • Water transportation • New York
Horizon Lines, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the Purchasers (as defined herein) upon the terms set forth in the Purchase Agreement (as defined herein) its 4.25% Convertible Senior Notes due 2012 (the “Securities”). As an inducement to the Purchasers to enter into the Purchase Agreement and in satisfaction of a condition to the obligations of the Purchasers thereunder, the Company agrees with the Purchasers for the benefit of Holders (as defined herein) from time to time of the Registrable Securities (as defined herein) as follows:
AMENDMENT TO CONFIRMATIONConfirmation • August 13th, 2007 • Horizon Lines, Inc. • Water transportation • New York
WHEREAS, Dealer and Issuer are parties to a Confirmation dated as of August 1, 2007 (the “Confirmation”) evidencing an Issuer Warrant Transaction with the Reference Number NY-30801;
Horizon Lines, Inc. Purchase AgreementPurchase Agreement • August 13th, 2007 • Horizon Lines, Inc. • Water transportation • New York
Goldman, Sachs & Co. Banc of America Securities LLC Wachovia Capital Markets, LLC c/o Goldman, Sachs & Co. 85 Broad Street New York, New York 10004
AMENDMENT TO CONFIRMATIONConfirmation • August 13th, 2007 • Horizon Lines, Inc. • Water transportation • New York
THIS AMENDMENT (this “Amendment”) is made as of August 3, 2007, between Wachovia Capital Markets, LLC, solely as agent of Wachovia Bank, National Association (“Dealer”) and Horizon Lines, Inc. (“Issuer”).
AMENDMENT TO CONFIRMATIONConfirmation • August 13th, 2007 • Horizon Lines, Inc. • Water transportation • New York
WHEREAS, Dealer and Issuer are parties to a Confirmation dated as of August 1, 2007 (the “Confirmation”) evidencing an Issuer Warrant Transaction (Ref. No. SDB506480203);
