Exhibit 4.2
SUPPLEMENTAL INDENTURE
S UPPLEMENTAL I NDENTURE (this “ Supplemental Indenture
”), dated as of May 29, 2008, among Forbes Energy
Services Ltd, a company organized under the laws of Bermuda (the
“ New Parent ”), Forbes Energy Services LLC, a
Delaware limited liability company (the “ Company
”), Forbes Energy Capital Inc., a Delaware Corporation, the
other Guarantors (as defined in the Indenture referred to herein)
and Wells Fargo Bank, National Association, as trustee under the
Indenture referred to below (the “ Trustee
”).
W I T N E S S E T H
WHEREAS, the Company has heretofore
executed and delivered to the Trustee an indenture (the “
Indenture ”), dated as of February 12, 2008
providing for the issuance of 11% Senior Secured Notes due 2015
(the “ Notes ”);
WHEREAS, the Indenture provides that
the New Parent shall execute and deliver to the Trustee a
supplemental indenture pursuant to which the New Parent shall
become a party to the Indenture, agree to be bound by all
applicable provisions of the Indenture, and unconditionally
guarantee all of the Company’s Obligations under the Notes
and the Indenture on the terms and conditions set forth herein (the
“ Guarantee ”); and
WHEREAS, pursuant to
Section 9.01 of the Indenture, the Trustee is authorized to
execute and deliver this Supplemental Indenture.
NOW, THEREFORE, in consideration of
the foregoing and for other good and valuable consideration, the
receipt of which is hereby acknowledged, the New Parent and the
Trustee mutually covenant and agree for the equal and ratable
benefit of the Holders of the Notes as follows:
1. C APITALIZED T ERMS .
Capitalized terms used herein without definition shall have the
meanings assigned to them in the Indenture.
2. A GREEMENT TO G
UARANTEE . The New Parent hereby provides an
unconditional Guarantee on the terms and subject to the conditions
set forth in the Guar
