HERO Global X Video Games and Esports ETF

As previously disclosed by Hercules Offshore, Inc. (the “ Company ”) on the Form 8-K filed on May 27, 2016, the Company and certain of its U.S. domestic direct and indirect subsidiaries (together with the Company, the “ Debtors ”) and certain of the Company’s other domestic and foreign direct and indirect subsidiaries (collectively with the Debtors, the “ HERO Entities ”) on May 26, 2016, as amended by the Amendment to the Restructuring Support Agreement, dated July 8, 2016, entered into an agreement (as may be further amended, modified or supplemented from time to time, the “ Restructuring Support Agreement ”) with an ad hoc group of lenders (each an “ Ad Hoc Group Member ”) representing approximately 99% of the obligations outstanding under the Credit Agreement entered into on November 6, 2015, among the Company and certain of its subsidiaries, as guarantors, and Jefferies Finance LLC, as administrative agent and collateral agent, and the lenders party thereto. The Restructuring Support Agreement sets forth, subject to certain conditions, the commitment to and obligations of, on the one hand, the HERO Entities, and on the other hand, each of the Ad Hoc Group Members (and any successors or permitted assigns that become party thereto) in connection with a controlled wind down of the HERO Entities’ operations pursuant to, among other things, a pre-packaged plan (the “ Plan ”) filed under chapter 11 of the United States Bankruptcy Code on June 5, 2016 in the United States Bankruptcy Court for the District of Delaware (the “ Court ”).

On August 12, 2016, the HERO Entities entered into Amendment No. 2 to Restructuring Support Agreement (the “ RSA Amendment ”) with each of the Ad Hoc Group Members. Pursuant to the RSA Amendment:

The RSA Amendment was necessitated by a change to the timeline of the Debtors’ chapter 11 cases occasioned by the agreement of the Debtors, the Ad Hoc Group and the official committee of equity security holders appointed in the Debtors’ chapter 11 cases to participate in, and the determination by the Court to order, mediation with respect to certain objections filed to the Plan and related matters. Court-ordered mediation before The Honorable Christopher S. Sontchi is expected to take place on September 6, 2016. In order to permit the mediation to proceed, the hearing to consider confirmation of the Plan was adjourned from August 10, 2016 and is currently scheduled to commence on September 22, 2016.

The summary of the RSA Amendment set forth above does not purport to be complete, and is qualified in its entirety by reference to the RSA Amendment, which is filed as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated into this Item 1.01 by reference.

This Current Report on Form 8-K includes forward-looking statements as defined under federal law. Although the Company believes that its expectations are based upon reasonable assumptions, no assurance can be given that the Company’s goals will be achieved, including statements regarding the timing of the Court-ordered mediation as indicated above. Actual results may vary materially. The Company undertakes no obligation to publicly update or revise any forward-looking statement.