AMENDMENT NO. 3 TO credit AGREEMENTCredit Agreement • March 24th, 2022 • Independence Contract Drilling, Inc. • Drilling oil & gas wells • New York
This AMENDMENT NO. 3 TO credit AGREEMENT (the “Amendment”), is dated as of March 18, 2022 and is made by and among INDEPENDENCE CONTRACT DRILLING, INC., a Delaware corporation (“ICD”), SIDEWINDER DRILLING LLC, a Delaware limited liability company (formerly known as ICD Operating LLC, and successor by merger to Patriot Saratoga Merger Sub, LLC) (“ICD Operating”, and together with ICD, each a “Borrower” and collectively, “Borrowers”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”) and the Lenders party hereto.
SECURITY AGREEMENTPatent Security Agreement • March 24th, 2022 • Independence Contract Drilling, Inc. • Drilling oil & gas wells • New York
This SECURITY AGREEMENT (this “Agreement”), dated as of March 18, 2022, by and among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and U.S. Bank Trust company, National Association, in its capacity as Collateral Agent under the Indenture referred to below (in such capacity, together with its successors and assigns in such capacity, “Agent”).
GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • March 24th, 2022 • Independence Contract Drilling, Inc. • Drilling oil & gas wells • New York
This GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of October 1, 2018, by and among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), as agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
INTERCREDITOR AGREEMENT by and among U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Note Agent and Note Control Agent, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as ABL Agent and ABL Control Agent Dated as of March 18, 2022Intercreditor Agreement • March 24th, 2022 • Independence Contract Drilling, Inc. • Drilling oil & gas wells • New York
THIS INTERCREDITOR AGREEMENT (as amended, supplemented, restated or otherwise modified from time to time pursuant to the terms hereof, this “Agreement”) is entered into as of March 18, 2022 by and among (i) U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION (“U.S. Bank”), in its capacity as collateral agent (together with its successors and assigns in such capacity, the “Note Agent”) for the Note Holders (as defined below) and in its capacity as Note Control Agent (as defined herein) for the Note Holders and the ABL Lenders (as defined below), and (ii) WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”), in its capacity as administrative agent (together with its successors and assigns in such capacity, the “ABL Agent”) for the financial institutions party from time to time to the ABL Credit Agreement (as defined below) (such financial institutions, together with their successors, assigns and transferees, the “ABL Credit Agreement Lenders” and, together with affiliates thereof and certain
