SEC Filings

8-K
HORNBECK OFFSHORE SERVICES INC /LA filed this Form 8-K on 08/07/2003
Entire Document
 
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         the Regulations issued under sections 262 and 264 of the Health
         Insurance Portability and Accountability Act of 1996.

                  (vii) No Welfare Plans are self-insured "multiple employer
         welfare arrangements" as such term is defined in Section 3(40) of
         ERISA.

                  (viii) Benefit Arrangements. Each Benefit Arrangement is in
         material compliance with its terms and with the requirements prescribed
         by any and all Laws that are applicable to such Benefit Arrangement,
         including without limitation the Code.

                  (ix) Fiduciary Duties and Prohibited Transactions. None of
         Seller, Manager, Stockholder or any ERISA Affiliate has any liability
         with respect to any transaction that relates to any Pension Plan or any
         Welfare Plan and that is in violation of Sections 404 or 406 of ERISA
         or which constitutes a "prohibited transaction," as defined in Section
         4975(c)(1) of the Code and for which no exemption exists under Section
         408 of ERISA or Section 4975(c)(2) or (d) of the Code. None of Seller,
         Manager, Stockholder or any ERISA Affiliate has participated in a
         violation of Part 4 of Title I, Subtitle B of ERISA by any plan
         fiduciary of any Welfare Plan or Pension Plan and has no unpaid civil
         penalty under Section 502(1) of ERISA.

                  (x) Litigation. There is no action, order, writ, injunction,
         judgment or decree outstanding or claim, suit, litigation, proceeding,
         arbitral action, governmental audit or investigation (including without
         limitation any such audit or investigation by the Internal Revenue
         Service, Department of Labor or PBGC) relating to or seeking benefits
         under any Employee Plan that is pending or, to the knowledge of Seller,
         Manager or Stockholder, threatened or anticipated against Seller,
         Manager, Stockholder or any ERISA Affiliate other than routine claims
         for benefits. No Employee has any claim against Seller, Manager or
         Stockholder (whether under federal or state law, any employment
         agreement or otherwise) on account of or for (1) overtime pay, other
         than overtime pay for the current payroll period; (2) wages or salary
         for any period other than the current payroll period; (3) vacation,
         time off, sick time or pay in lieu of any of the foregoing (except as
         the same has arisen in the ordinary course of business under Seller's,
         Manager's or Stockholder's existing plans and policies); or (4) any
         violation of any statute, ordinance or regulation relating to minimum
         wages or maximum hours of work. No employee has any claim or, to the
         knowledge of Seller, Manager or Stockholder, basis for any action or
         proceeding against Seller, Manager or Stockholder, arising under any
         statute, ordinance or regulation relating to discrimination in
         employment or employment practices, occupational safety and health
         standards or workers' compensation.

                  (xi) Unpaid Contributions. None of Seller, Manager,
         Stockholder or any ERISA Affiliate has any liability for unpaid
         contributions with respect to any Employee Plan, and Seller, Manager,
         Stockholder and all ERISA Affiliates have made all required
         contributions and paid all accrued liabilities under each Employee Plan
         for all periods through and including the Closing Date. For purposes of
         the preceding sentence, accrued liability shall include a pro rata
         contribution to each Employee Plan for that portion of a plan year or
         other applicable period that precedes the Closing Date, and accrued
         liabilities for any portion of a plan year or other applicable period
         shall be determined by 



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