0001437749-21-026978 Sample Contracts

INTERCREDITOR AGREEMENT
Intercreditor Agreement • November 17th, 2021 • Tidewater Inc • Water transportation
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GUARANTEE AGREEMENT (No. selvskyldnergaranti)
Guarantee Agreement • November 17th, 2021 • Tidewater Inc • Water transportation
Tidewater Inc. Common Stock ATM Sales Agreement
Sales Agreement • November 17th, 2021 • Tidewater Inc • Water transportation • New York

Tidewater Inc., a Delaware corporation (the “Company”), hereby enters into this ATM Sales Agreement (the “Agreement”) with Virtu Americas LLC (“Virtu”) and DNB Markets, Inc. (“DNB”, together with Virtu, each an “Agent,” and collectively, the “Agents”) on the terms and conditions set forth below. England Securities, LLC (“England”) joins this Agreement solely for purposes of Sections 1, 7(j), 11 and 12 of this Agreement.

CREDIT FACILITY AGREEMENT PROVIDING FOR A SUPER SENIOR SECURED REVOLVING CREDIT FACILITY OF UP TO US$25,000,000 by and among TIDEWATER INC., as Borrower, THE BANKS AND FINANCIAL INSTITUTIONS IDENTIFIED ON SCHEDULE 1, as Lenders, THE SWAP BANKS PARTY...
Credit Facility Agreement • November 17th, 2021 • Tidewater Inc • Water transportation • New York

THIS CREDIT FACILITY AGREEMENT is made as of the 16th day of November, 2021, by and among (1) Tidewater Inc., a corporation incorporated and existing under the laws of the State of Delaware, with its principal offices at 6002 Rogerdale Road, Suite 600 Houston, Texas 77072, as borrower (the “Borrower”), (2) the banks and financial institutions listed on Schedule 1, as lenders (the “Original Lenders” and together with any bank or financial institution which becomes a Lender pursuant to Section 10 hereof, the “Lenders”), (3) DNB Bank ASA, New York Branch (“DNB”), as facility agent for the Lenders (in such capacity, the “Facility Agent”), (4) Nordic Trustee AS, as security trustee for the Creditors (in such capacity, the “Security Trustee”), (5) DNB Markets, Inc., as bookrunner (in such capacity, the “Bookrunner”) and as mandated lead arranger (in such capacity, the “Mandated Lead Arranger”), and (6) the Swap Banks party hereto.

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