HERCULES OFFSHORE, INC. and THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION as Trustee Indenture Dated as of June 3, 2008 3.375% Convertible Senior Notes due 2038Indenture • June 3rd, 2008 • Hercules Offshore, Inc. • Drilling oil & gas wells • New York
INDENTURE, dated as of June 3, 2008, between Hercules Offshore, Inc., a Delaware corporation (the “Company”), having its principal office at 9 Greenway Plaza, Suite 2200, Houston, Texas 77046 and The Bank of New York Trust Company, National Association, as Trustee (herein called the “Trustee”).
Hercules Offshore, Inc. $250,000,000 of 3.375% Convertible Senior Notes due 2038 Purchase AgreementPurchase Agreement • June 3rd, 2008 • Hercules Offshore, Inc. • Drilling oil & gas wells • New York
Hercules Offshore, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Purchasers named in Schedule I hereto (the “Purchasers”), for whom Goldman, Sachs & Co., Bank of America Securities LLC and UBS Securities LLC are acting as representatives (the “Representatives”), an aggregate of $250,000,000 original principal amount of the 3.375% Convertible Senior Notes due 2038 (the “Firm Securities”), convertible into shares of common stock, par value $0.01 per share (“Stock”), of the Company, and, at the election of the Purchasers, up to an aggregate of $37,500,000 additional original principal amount of the 3.375% Convertible Senior Notes due 2038 (the “Optional Securities”). The Firm Securities and the Optional Securities are collectively referred to herein as the “Securities”.
