Current Report Filing (8-k)
22 Juli 2016 - 10:58PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant
to Section 13 or 15(d)
of the Securities Exchange Act of 1934
Date of report (date of earliest event reported): July 20, 2016
HERCULES OFFSHORE, INC.
(Exact name of registrant as specified in its charter)
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Delaware
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001-37623
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56-2542838
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(State of incorporation
or organization)
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(Commission
File Number)
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(IRS Employer
Identification No.)
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9 Greenway Plaza, Suite 2200
Houston, Texas
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77046
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(Address of principal executive offices)
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(Zip code)
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Registrants telephone number, including area code: (713) 350-5100
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item 7.01 Regulation FD Disclosure.
As previously disclosed, on June 5, 2016, Hercules Offshore, Inc. (the Company) and certain of its U.S. subsidiaries (together
with the Company, the Debtors), filed voluntary petitions for relief (the Chapter 11 Case) under chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court for the District of Delaware (the
Court). The Chapter 11 Case is being administered under the caption
In re: Hercules Offshore, Inc.
(Case No. 16-11385).
On July 20, 2016, the Debtors filed a monthly operating report for the period beginning June 5, 2016 and ending June 30, 2016
(the Monthly Operating Report) with the Court. The Monthly Operating Report is furnished as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference.
The information in this Item 7.01 and the exhibit hereto is being furnished, not filed. Accordingly, such information will not be
incorporated by reference into any registration statement filed by the Company under the Securities Act of 1933, as amended. By filing this Form 8-K and furnishing this information, the Company makes no statement or admission as to the materiality
of any information in Item 7.01 or the exhibit hereto.
Cautionary Statement Regarding Monthly Operating Report
The Company cautions investors and potential investors not to place undue reliance upon the information contained in the Monthly Operating
Report, which was not prepared for the purpose of providing the basis for an investment decision relating to any of the securities of the Company. The Monthly Operating Report is limited in scope, covers a limited time period and has been prepared
solely for the purpose of complying with the monthly reporting requirements applicable in the Chapter 11 Case and is in a format acceptable to the U.S. Trustee. The forecasts contained in the Monthly Operating Report reflect estimates and
assumptions made by management of the Company with respect to cash receipts and disbursements, as well as numerous other factors. These factors are difficult to predict accurately and in many cases are outside of the Companys control.
Consequently, it is likely that actual results will differ from those reflected in the Monthly Operating Report and such differences may be significant. The Company has not made and does not make any representation to any person regarding the
Companys future results. Furthermore, the Company is not required to publicly update the Monthly Operating Report to reflect more current facts or estimates or the occurrence of future events, including if the facts, estimates and assumptions
upon which the Monthly Operating Report is based are erroneous. The Monthly Operating Report was not audited or reviewed by independent accountants, was not prepared in accordance with generally accepted accounting principles in the United States,
is in a format prescribed by applicable bankruptcy laws, and is subject to future adjustment (which may be material) and reconciliation. There can be no assurance that, from the perspective of an investor or potential investor in the Companys
securities, the Monthly Operating Report is complete. The Monthly Operating Report also contains information for periods which are shorter or otherwise different from those required in the Companys reports pursuant to the Securities Exchange
Act of 1934, as amended (the Exchange Act), and such information might not be indicative of the Companys financial condition or operating results for the period that would be reflected in the Companys financial statements or
in its reports pursuant to the Exchange Act. Results set forth in the Monthly Operating Report should not be viewed as indicative of future results.
Item 9.01. Financial Statements and Exhibits.
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Exhibit
Number
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Description
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99.1
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Monthly Operating Report for the period beginning June 5, 2016 and ending June 30, 2016.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned
hereunto duly authorized.
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HERCULES OFFSHORE, INC.
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Date: July 22, 2016
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By:
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/s/ Troy L. Carson
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Troy L. Carson
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Senior Vice President and Chief Financial Officer
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Item 9.01. Financial Statements and Exhibits.
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Exhibit
Number
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Description
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99.1
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Monthly Operating Report for the period beginning June 5, 2016 and ending June 30, 2016.
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