Item 1.01 Entry into a Material Definitive Agreement.
Second Amendment to Exchange Agreement
On
The foregoing summary of the Second Amendment does not purport to be complete and is qualified in its entirety by reference to the Second Amendment, a copy of which is attached hereto as Exhibit 10.1 and is incorporated herein by reference.
Issuance of Additional Notes pursuant to the Indenture
On
The Additional Notes were sold to Ascribe in full and complete settlement of the
Make-Whole Reimbursement Obligation. The Additional Notes have the same terms in
all respects, and were issued under the same indenture, as the
The foregoing description of the Indenture does not purport to be complete and is subject to and qualified in its entirety by reference to the complete text of the Indenture, the First Supplemental Indenture and the Second Supplemental Indenture, copies of which are attached hereto as Exhibits 4.1, 4.3 and 4.4 and are incorporated by reference herein.
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.
The disclosure set forth above in Item 1.01 of this Current Report on Form 8-K under the heading "Issuance of Additional Notes pursuant to the Indenture" is incorporated by reference herein.
(d) Exhibits Exhibit No. Exhibit 4.1 Indenture, dated as ofOctober 2, 2018 , by and amongBasic Energy Services, Inc. , the guarantors party thereto andUMB Bank, N.A ., as trustee and collateral agent (Incorporated by reference to Exhibit 4.1 to the Company's Current Report on Form 8-K (SEC File No. 001-32693) filed onOctober 5, 2018 ). 4.2 Form of 10.75% Senior Secured Note due 2023 (included as Exhibit A in Exhibit 4.1). 4.3 First Supplemental Indenture, dated as ofAugust 22, 2019 , by and amongAgua Libre Midstream LLC ,Agua Libre Holdco LLC ,Agua Libre Asset Co LLC ,Basic Energy Services, Inc. , the subsidiary guarantors party thereto andUMB Bank, N.A ., as trustee and collateral agent (Incorporated by reference to Exhibit 4.6 to the Company's Quarterly Report on Form 10-Q (SEC File No. 001-32693) filed onNovember 1, 2019 ). 4.4 Second Supplemental Indenture, dated as ofApril 1, 2020 , by and amongC&J Well Services, Inc. ,KVS Transportation, Inc , Indigo Injection #3, LLC,Basic Energy Services, Inc. , the subsidiary guarantors party thereto andUMB Bank, N.A ., as trustee and collateral agent (Incorporated by reference to Exhibit 4.7 to the Company's Quarterly Report on Form 10-Q (SEC File No. 001-32693) filed onAugust 7, 2020 ). 10.1 Second Amendment to Exchange Agreement, dated as ofMarch 31, 2021 , by and betweenBasic Energy Services, Inc. andAscribe III Investments LLC (Incorporated by reference to Exhibit 10.51 to the Company's Annual Report on Form 10-K (SEC File No. 001-32693) filed onMarch 31, 2021 ). 104 Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)
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