AGREEMENT AND PLAN OF MERGER Dated as of November 11, 2014 by and among MATSON NAVIGATION COMPANY, INC. HOGAN ACQUISITION INC. and HORIZON LINES, INC.Agreement and Plan of Merger • November 13th, 2014 • Horizon Lines, Inc. • Water transportation • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of November 11, 2014 (this “Agreement”), is entered into by and among Matson Navigation Company, Inc., a Hawaii corporation (“Parent”), Hogan Acquisition Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Horizon Lines, Inc., a Delaware corporation (the “Company”). Defined terms used herein have the meanings set forth in Section 8.13.
FIFTH SUPPLEMENTAL INDENTURE (TO CONVERTIBLE INDENTURE)Supplemental Indenture • November 13th, 2014 • Horizon Lines, Inc. • Water transportation • New York
FIFTH SUPPLEMENTAL INDENTURE (this “Fifth Supplemental Indenture”) dated as of November 11, 2014, among HORIZON LINES, INC., a Delaware corporation (the “Company”), the guarantors signatory hereto (the “Guarantors”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”) under the indenture referred to below and as collateral agent (the “Collateral Agent”) under the related security documents.
