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Tidewater Inc – ‘10-K’ for 3/31/11 – ‘EX-10.44’

On:  Thursday, 5/19/11, at 4:54pm ET   ·   For:  3/31/11   ·   Delayed-Release:  Document/Exhibit  –  Release Delayed   ·   Accession #:  1193125-11-145426   ·   File #:  1-06311

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  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 5/19/11  Tidewater Inc                     10-K3/31/11   42:6.9M                                   Donnelley … Solutions/FA

Annual Report   —   Form 10-K   —   Sect. 13 / 15(d) – SEA’34
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Form 10-K for Fiscal Year Ended March 31, 2011      HTML   1.82M 
42: COVER     ¶ Comment-Response or Cover Letter to the SEC         HTML     16K 
 2: EX-10.42    Form of Restricted Stock Agreement                  HTML     39K 
 3: EX-10.43    Amendment Number Two to Supplemental Savings Plan   HTML     18K 
 4: EX-10.44    Amendment Number Three to Supplemental Executive    HTML     18K 
                Retirement Plan                                                  
 5: EX-21       Subsidiaries List                                   HTML     67K 
 6: EX-23       Consent of Deloitte & Touche LLP                    HTML     14K 
 7: EX-31.1     Section 302 Certification of CEO                    HTML     21K 
 8: EX-31.2     Section 302 Certification of CFO                    HTML     21K 
 9: EX-32.1     Section 906 Certifications of CEO and CFO           HTML     18K 
33: XML         IDEA XML File -- Definitions and References          XML     88K 
38: XML         IDEA XML File -- Filing Summary                      XML     64K 
36: XML.R1      Document and Entity Information                      XML    216K 
37: XML.R2      Consolidated Balance Sheets                          XML    364K 
24: XML.R3      Consolidated Balance Sheets (Parenthetical)          XML     77K 
28: XML.R4      Consolidated Statements of Earnings                  XML    363K 
32: XML.R5      Consolidated Statements of Stockholders' Equity      XML    750K 
                and Other Comprehensive Income                                   
31: XML.R6      Consolidated Statements of Cash Flows                XML    563K 
40: XML.R7      Nature of Operations and Summary of Significant      XML     90K 
                Accounting Policies                                              
19: XML.R8      Investment in Unconsolidated Companies               XML     39K 
30: XML.R9      Income Taxes                                         XML    118K 
18: XML.R10     Indebtedness                                         XML     67K 
17: XML.R11     Employee Retirement Plans                            XML    325K 
23: XML.R12     Other Assets, Accrued Expenses, Other Current        XML     70K 
                Liabilities, and Other Liabilities and Deferred                  
                Credits                                                          
35: XML.R13     Stock-Based Compensation and Incentive Plans         XML    181K 
25: XML.R14     Stockholders' Equity                                 XML     54K 
26: XML.R15     Sale/Leaseback Arrangements                          XML     65K 
29: XML.R16     Commitments and Contingencies                        XML     65K 
41: XML.R17     Fair Value Measurements and Disclosures              XML     67K 
22: XML.R18     Gain on Disposition of Assets, Net                   XML     38K 
16: XML.R19     Segment Information, Geographical Data and Major     XML    151K 
                Customers                                                        
27: XML.R20     Subsequent Events                                    XML     40K 
34: XML.R21     Quarterly Financial Data (Unaudited)                 XML     92K 
20: XML.R22     Schedule II - Valuation and Qualifying Accounts      XML     58K 
39: EXCEL       IDEA Workbook of Financial Reports (.xls)            XLS    906K 
10: EX-101.INS  XBRL Instance -- tdw-20110331                        XML   1.13M 
12: EX-101.CAL  XBRL Calculations -- tdw-20110331_cal                XML    130K 
13: EX-101.DEF  XBRL Definitions -- tdw-20110331_def                 XML     45K 
14: EX-101.LAB  XBRL Labels -- tdw-20110331_lab                      XML    398K 
15: EX-101.PRE  XBRL Presentations -- tdw-20110331_pre               XML    250K 
11: EX-101.SCH  XBRL Schema -- tdw-20110331                          XSD     56K 
21: ZIP         XBRL Zipped Folder -- 0001193125-11-145426-xbrl      Zip     96K 


‘EX-10.44’   —   Amendment Number Three to Supplemental Executive Retirement Plan


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  Amendment Number Three to Supplemental Executive Retirement Plan  

Exhibit 10.44

AMENDMENT NUMBER THREE

TO THE

TIDEWATER INC. SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

WHEREAS, Tidewater Inc. (the “Company”) sponsors the Tidewater Inc. Supplemental Executive Retirement Plan (the “Plan”);

WHEREAS, the Plan was adopted effective July 1, 1991. The Plan has been amended from time to time, and most recently restated effective January 1, 2008, and most recently amended by Amendment Number Two executed February 19, 2009;

WHEREAS, the Board of Directors of the Company delegated to the Employee Benefit Committee (the “Committee”) the authority to approve, without the necessity of approval by the Board of Directors, all amendments that do not effect material substantive changes to the terms of the Plan;

WHEREAS, the Plan prior to this amendment provided that a payment could be delayed if it would violate a loan covenant where such violation would result in material harm to the Company; and

WHEREAS, the Committee wishes to amend the Plan to make a technical correction to comply with final regulations under Internal Revenue Code Section 409A and therefore a payment may be delayed if it would violate a loan covenant and the violation would jeopardize the ability of the Company to continue as a going concern;

NOW, THEREFORE, the Committee hereby amends the Plan, effective January 1, 2008, as follows:

Paragraph (a) of Section 7.7, Delay of Payments, is amended and restated to read as follows:

 

  (a)

Payments that would violate loan covenants or similar contractual obligations to which the Company is a party, where such a violation would jeopardize the ability of the Company to continue as a going concern (in such case, the payment will be treated as made upon the date specified under the Plan if the payment is made during the first taxable year of the Participant in which the making of the payment would not have such effect).

IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed this 17 day of December 2009.

 

WITNESSES:     TIDEWATER INC.

 

   

By:

 

/s/ Bruce D. Lundstrom

      Bruce D. Lundstrom
      Executive Vice President,

 

      General Counsel and Secretary

Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:5/19/118-K
For Period end:3/31/114
2/19/09
1/1/08
 List all Filings 


8 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 2/29/24  Tidewater Inc.                    10-K       12/31/23  111:14M                                    RDG Filings/FA
 2/28/23  Tidewater Inc.                    10-K       12/31/22  112:14M                                    RDG Filings/FA
 3/09/22  Tidewater Inc.                    10-K       12/31/21  108:13M                                    RDG Filings/FA
 4/30/21  Tidewater Inc.                    10-K/A     12/31/20   13:1.1M                                   RDG Filings/FA
 3/04/21  Tidewater Inc.                    10-K       12/31/20  117:14M                                    RDG Filings/FA
 5/18/12  SEC                               UPLOAD9/22/17    1:34K  Tidewater Inc.
 5/04/12  SEC                               UPLOAD9/22/17    1:50K  Tidewater Inc.
 3/13/12  SEC                               UPLOAD9/22/17    1:66K  Tidewater Inc.
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Filing Submission 0001193125-11-145426   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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