Guarantee Notation by Forbes Energy Services Ltd. for Indenture Dated February 12, 2008
Forbes Energy Services Ltd. has agreed to unconditionally guarantee the payment of principal, interest, and other obligations on certain notes issued by Forbes Energy Services LLC and Forbes Energy Capital Inc. This guarantee is made under the terms of an Indenture dated February 12, 2008, and a Supplemental Indenture dated May 29, 2008, with Wells Fargo Bank as trustee. The guarantee ensures that payments will be made on time, even if payment terms are extended or renewed, subject to the specific terms and limitations set out in the Indenture.
Exhibit 4.5
NOTATION OF GUARANTEE
For value received, Forbes Energy Services Ltd. (the New Parent) has unconditionally guaranteed, to the extent set forth in and subject to the provisions of that certain Indenture dated as of February 12, 2008 (the Indenture), among Forbes Energy Services LLC, a Delaware limited liability company, Forbes Energy Capital Inc., a Delaware corporation (collectively, the Issuers), the Guarantors party thereto (the Guarantors) and Wells Fargo Bank, National Association, as trustee (the Trustee), and that certain Supplemental Indenture dated as of May 29, 2008, among the New Parent, the Issuers, the Guarantors and the Trustee, (a) the due and punctual payment of the principal of, premium, if any, and interest on, the Notes, whether at maturity, by acceleration, redemption or otherwise, the due and punctual payment of interest on overdue principal of and interest on the Notes, if any, if lawful, and the due and punctual performance of all other obligations of the Company to the Holders or the Trustee all in accordance with the terms of the Indenture and (b) in case of any extension of time of payment or renewal of any Notes or any of such other obligations, that the same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. The obligations of the Guarantors to the Holders of Notes and to the Trustee pursuant to the Guarantee and the Indenture, and the limitations thereon, are expressly set forth in Article 11 of the Indenture and reference is hereby made to the Indenture for the precise terms of the Guarantee.
Capitalized terms used but not defined herein have the meanings given to them in the Indenture.
FORBES ENERGY SERVICES LTD., as a Guarantor | ||
By: | /s/ L. Melvin Cooper | |
Name: | L. Melvin Cooper | |
Title: | Senior Vice President and Chief Financial Officer |