SEC Filings

8-K
HORNBECK OFFSHORE SERVICES INC /LA filed this Form 8-K on 08/07/2003
Entire Document
 
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         contributed to, as the case may be, by Seller, Manager, Stockholder or
         any ERISA Affiliate and (2) covers any current or former employee,
         leased employee (within the meaning of Section 414(n) of the Code),
         director or consultant of Seller, Manager, Stockholder or any ERISA
         Affiliate (with respect to their relationship with such entities).

         (b) Seller, Manager and Stockholder jointly and severally represent and
warrant as follows:

                  (i) Pension Plans. There are no Pension Plans, and none of
         Seller, Manager, Stockholder or any ERISA Affiliate has ever
         maintained; contributed, had any obligation to contribute, or incurred
         any liability for contributions to; or participated or agreed to
         participate in any Pension Plan.

                  (ii) Multiemployer Plans. There are no Multiemployer Plans,
         and none of Seller, Manager, Stockholder or any ERISA Affiliate has
         ever maintained, contributed to, or participated or agreed to
         participate in any Multiemployer Plan. None of Manager, Stockholder,
         Seller or any ERISA Affiliate has ever withdrawn, partially or
         completely, or instituted steps to withdraw, whether partially or
         completely, from any Multiemployer Plan, nor has any event occurred
         that would enable a Multiemployer Plan to give notice of and demand
         payment of any withdrawal liability with respect to Seller, Manager,
         Stockholder or any ERISA Affiliate.

                  (iii) Welfare Plans. Each Welfare Plan is in material
         compliance with its terms and, both as to form and operation, with the
         requirements prescribed by any and all Laws that are applicable to such
         Welfare Plan, including without limitation ERISA and the Code.

                  (iv) An aggregate estimate of the liabilities of Seller,
         Manager, Stockholder and any ERISA Affiliate for providing retiree life
         and medical benefits coverage to active and retired employees of
         Seller, Manager, Stockholder and any ERISA Affiliate has been made and
         is reflected on the appropriate balance sheet and books and records
         according to Statement of Financial Accounting Standards No. 106.
         Seller, Manager, Stockholder and any ERISA Affiliate have the right to
         modify or terminate any Welfare Plans that provide coverage or benefits
         for either or both retired and active employees and/or their
         beneficiaries.

                  (v) Each Welfare Plan that is a "group health plan," as
         defined in Section 607(1) of ERISA or Section 5000(b)(1) of the Code,
         has been operated at all times in material compliance with provisions
         of Part 6 and 7 of Title I, Subtitle B of ERISA, Sections 1171 through
         1179 of the Social Security Act (relating generally to security and
         electronic transfer of health information) and Sections 4980B, 9801 and
         9833 of the Code at all times.

                  (vi) Each Welfare Plan or Benefit Arrangement that is a
         "health plan" within the meaning of 45 C.F.R. Parts 160 and 164, but
         not a "small health plan" within the meaning of 45 C.F.R. Parts 160 and
         164, satisfies the privacy requirements described in 



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