INDEPENDENCE CONTRACT DRILLING, INC. EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • June 5th, 2020 • Independence Contract Drilling, Inc. • Drilling oil & gas wells • New York
As further set forth in this agreement (this “Agreement”), Independence Contract Drilling, Inc., a Delaware corporation (the “Company”), proposes to issue and sell from time to time through Piper Sandler & Co. (the “Agent”), as sales agent, the Company’s common stock, par value $0.01 per share (the “Common Stock”) (such shares of Common Stock to be sold pursuant to this Agreement, the “Shares”) on terms set forth herein. Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitation set forth in Section 2 of this Agreement on the number of shares of Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and the Agent shall have no obligation in connection with such compliance.
MSD Credit Opportunity Master Fund, L.P. c/o MSD Partners, L.P. New York, NY 10022Letter Agreement • June 5th, 2020 • Independence Contract Drilling, Inc. • Drilling oil & gas wells • Delaware
Reference is made to (i) that Agreement and Plan of Merger (the “Agreement”), dated as of July 18, 2018 (the “Execution Date”), by and among Independence Contract Drilling, Inc., a Delaware corporation (the “Parent”), Patriot Saratoga Merger Sub LLC, a Delaware limited liability company and a direct wholly-owned subsidiary of the Parent (“Merger Sub”), Sidewinder Drilling LLC, a Delaware limited liability company (the “Company”), and MSD Credit Opportunity Master Fund, L.P., a Delaware limited partnership, in its capacity as representative of the Members (the “Members’ Representative”) and (ii) that Contribution, Exchange and Restructuring Agreement, dated as of July 18, 2018, by and among (a) the Company, (b) the all of the holders of Series A Common Units of the Company, in their capacities as holders of such, as set forth in Schedule A thereto, (c) all of the holders of Floating Rate Secured Notes due February 15, 2020 of the Company, in their capacities as holders of such, pursuant
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 5th, 2020 • Independence Contract Drilling, Inc. • Drilling oil & gas wells • New York
This THIRD AMENDMENT TO CREDIT AGREEMENT (this “Agreement”), is entered into as of June 4, 2020, by and among INDEPENDENCE CONTRACT DRILLING, INC., a Delaware corporation (“ICD”), SIDEWINDER DRILLING LLC, a Delaware limited liability company formerly named ICD Operating LLC (“Sidewinder” and, together with ICD, as the context requires, each a “Borrower”, and collectively, the “Borrowers”), and the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a “Lender”).
