FOURTH AMENDMENT TO STOCKHOLDERS AGREEMENT
SUPERIOR ENERGY SERVICES, INC.
THIS FOURTH AMENDMENT TO STOCKHOLDERS AGREEMENT, dated as of November 15, 2021 (this Amendment), to that certain Stockholders Agreement, dated as of February 2, 2021 (as amended, the Stockholders Agreement), by and among Superior Energy Services, Inc., a Delaware corporation (the Company), and the Stockholders (as defined therein), is made by and among the Company and the Stockholders party hereto but binding and effective against all Stockholders in accordance with the terms of the Stockholders Agreement. Capitalized terms used but not defined herein shall have the meanings assigned to them in the Stockholders Agreement.
WHEREAS, the Company and the Stockholders desire to amend the Stockholders Agreement;
WHEREAS, pursuant to Section 6.06 of the Stockholders Agreement, no amendment or modification of the Stockholders Agreement is valid unless executed in writing by the Company and the Stockholders (together with their Related Persons) holding at least a majority of the Aggregate Common Stock;
WHEREAS, the undersigned Stockholders constitute Stockholders (together with their Related Persons) holding at least a majority of the Aggregate Common Stock; and
WHEREAS, this Amendment does not adversely affect any Stockholder in a manner disproportionate to the manner in which it affects other Stockholders.
NOW, THEREFORE, the Stockholders Agreement is amended as hereinafter set forth:
AMENDMENT TO STOCKHOLDERS AGREEMENT.
Section 5.01 shall be amended by adding subsection (d) as follows:
(d) Notwithstanding anything to the contrary in Section 5.01(a), the unaudited consolidated quarterly financial statements for the quarter ended September 30, 2021 (Q3 10-Q) shall be provided by the Company to each Stockholder no later than December 10, 2021 via submission to the Securities and Exchange Commission via Edgar, and the Company will hold a quarterly earnings call with all stockholders of the Corporation as promptly as reasonably practicable after the distribution of the Q3 10-Q. Filing with the Securities and Exchange Commission via Edgar for the Q3 10-Q and all future filings with the Securities and Exchange Commission via Edgar for the unaudited consolidated quarterly financial statements and the audited consolidated annual financial statements shall constitute distribution of the financial statements and deemed provided to each Stockholder for purposes of Section 5.01.