Contract
Exhibit 10.1
EXECUTION VERSION
JOINDER TO AMENDMENT AND RESTATEMENT AGREEMENT, dated as of October 4, 2012 (this “Joinder”), among Biomet Inc., an Indiana corporation (the “Borrower”), LVB Acquisition, Inc., a Delaware corporation (“Holdings”), Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, each lender from time to time party thereto and each of the other parties identified as an “Extending Term Lender” on the signature pages hereto (individually, a “Joining Lender” and collectively the “Joining Lenders”).
WHEREAS, the Borrower, Holdings, the Lenders, the Administrative Agent, the Swing Line Lender and L/C Issuer are parties to a Credit Agreement dated as of September 25, 2007, as amended and restated as of August 2, 2012 (as further amended, amended and restated, modified and/or supplemented from time to time, the “Credit Agreement”), pursuant to which the Lenders have extended credit to the Borrower;
WHEREAS, the Borrower, Holdings, the Administrative Agent, the Swing Line Lender, the L/C Issuer and certain Lenders are parties to the Amendment and Restatement Agreement, dated as of August 2, 2012 (as amended, amended and restated, modified and/or supplemented from time to time, the “Restatement Agreement”), pursuant to which certain Lenders party thereto, to the extent indicated on their respective signature pages thereto, have extended the scheduled maturity date of all or a portion of their Euro Term B Loans and/or Dollar Term B Loans, namely (x) an Extension Series of Euro Term Loans and (y) an Extension Series of Dollar Term Loans;
WHEREAS, pursuant to Section 2.16(d) of the Credit Agreement, at any time following the establishment of the Euro Term B-1 Loans and the Dollar Term B-1 Loans, the Borrower may offer any Lender of the Euro Term B Loans or Dollar Term B Loans, as applicable, who failed to make an election in respect of the Amendment, the right to convert all or any portion of its Term Loans under the respective Existing Term Loan Tranche into Extended Term Loans under such Term Loan Extension Series on identical terms to those offered to the Lenders who agreed to convert their Term Loans under the Existing Term Loan Tranche into Extended Term Loans in connection with the establishment of the Euro Term B-1 Loans and the Dollar Term B-1 Loans, as applicable, and otherwise subject to the terms and conditions set forth in Section 2.16(d) of the Credit Agreement; provided that any such Lender which agrees to such an extension shall enter into a joinder agreement to the Restatement Agreement in form and substance reasonably satisfactory to the Administrative Agent and executed by such Lender, the Administrative Agent, the Borrower and the other Loan Parties;
WHEREAS, each of the Joining Lenders desires to execute this Joinder in order to satisfy the requirements described in the preceding paragraph and in Section 2.16(d) of the Credit Agreement;
NOW, THEREFORE, in consideration of the mutual agreements herein contained and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto hereby agree as follows:
SECTION 1. Defined Terms. Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Credit Agreement.
SECTION 2. Joinder. (a) By this Joinder, each Joining Lender becomes an Extending Term Lender for all purposes under the Credit Agreement.
(b) By executing this Joinder as an Extending Term Lender, each of the Joining Lenders hereby agrees (i) to the terms of the Restatement Agreement, (ii) on the terms and subject to the conditions set forth in the Restatement Agreement and the Credit Agreement, to extend and convert all or a portion of its existing Euro Term B Loans, in the aggregate amount indicated on its signature page, into Euro Term B-1 Loans and (iii) on the terms and subject to the conditions set forth in the Restatement Agreement and the Credit Agreement, to extend and convert all or a portion of its existing Dollar Term B Loans, in the aggregate amount indicated on its signature page, into Dollar Term B-1 Loans.
SECTION 3. Interest. The Euro Term B-1 Loans established hereby shall initially be in the form of Euro Term Borrowings in the same proportion as the Euro Term Borrowings under the existing Euro Term B-1 Loans and with an Interest for each such Euro Term Borrowing that is coterminous with the Interest Period with respect to the corresponding existing Euro Term Borrowing and with a Eurocurrency Rate for such Euro Term Borrowing equal to the Eurocurrency Rate for the corresponding existing Euro Term Borrowing. The Dollar Term B-1 Loans established hereby shall initially be in the form of Dollar Term Borrowings in the same proportion as the Dollar Term Borrowings under the existing Dollar Term B-1 Loans and with an Interest for each such Dollar Term Borrowing that is coterminous with the Interest Period with respect to the corresponding existing Dollar Term Borrowing and with a Eurocurrency Rate for such Dollar Term Borrowing equal to the Eurocurrency Rate for the corresponding existing Dollar Term Borrowing.
SECTION 4. Fees. The Borrower agrees to pay to the Administrative Agent, as soon as reasonably practicable following the Joinder Effective Date (as defined below), for the account of each Joining Lender, a payment (the “Extension Fee”) in an amount equal to (a) 0.15% of the aggregate amount of each Joining Lender’s respective Term Loans as of the Joinder Effective Date. The Extension Fee shall be payable in Dollars and in immediately available funds and, once paid, such fee or any part thereof shall not be refundable.
SECTION 5. Governing Law. THIS JOINDER SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.
SECTION 6. Effectiveness. (a) This Joinder shall become effective as of the date (the “Joinder Effective Date”) when each of parties hereto has executed and delivered to the Administrative Agent (or its counsel) a counterpart hereof.
(b) From and after the execution and delivery hereof by the parties hereto, this Joinder shall constitute a joinder agreement to the Restatement Agreement for all purposes of the Credit Agreement and the other Loan Documents.
(c) Except as expressly supplemented hereby, the Restatement Agreement shall remain in full force and effect.
2
SECTION 7. Miscellaneous. Each of the parties hereto agrees that each of Sections 7 to 10 of the Restatement Agreement will apply mutatis mutandis to this Joinder.
[Remainder of this page intentionally left blank]
3
IN WITNESS WHEREOF, the parties hereto have caused this Joinder to be duly executed by their duly authorized officers, all as of the date and year first above written.
BIOMET INC., | ||||
By: |
/s/ Xxxxxx X. Xxxxxx | |||
Name: |
Xxxxxx X. Xxxxxx | |||
Title: |
Senior Vice President and Chief Financial Officer | |||
LBV ACQUISITION INC., | ||||
By: |
/s/ Xxxxxx X. Xxxxxx | |||
Name: |
Xxxxxx X. Xxxxxx | |||
Title: |
Senior Vice President and Chief Financial Officer |
Signature Page to Biomet Inc. Joinder to Amendment and Restatement Agreement
EACH OF THE LOAN PARTIES LISTED BELOW, hereby consents to the entering into of this Joinder and agrees to the provisions hereof:
Biolectron, Inc. Biomet 3i, LLC Biomet Biologics, LLC Biomet Europe Ltd. Biomet Fair Lawn LLC Biomet Florida Services, LLC Biomet International Ltd. Biomet Leasing, Inc. Biomet Manufacturing Corporation Biomet Microfixation, LLC Biomet Orthopedics, LLC Biomet Sports Medicine, LLC Biomet Trauma, LLC Biomet U.S. Reconstruction, LLC Cross Medical Products, LLC EBI Holdings, LLC EBI Medical Systems, LLC EBI, LLC Electro-Biology, LLC Implant Innovations Holdings, LLC Interpore Cross International, LLC Interpore Spine Ltd. Xxxxxxxxx Medical Corporation | ||||
By: |
/s/ Xxxxxx X. Xxxxxx | |||
Name: |
Xxxxxx X. Xxxxxx | |||
Title: |
Senior Vice President and Chief Financial Officer |
Signature Page to Biomet Inc. Joinder to Amendment and Restatement Agreement
BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and as a Lender | ||||
By: |
/s/ Xxxxx Xxxxxx | |||
Name: |
Xxxxx Xxxxxx | |||
Title: |
Director |
Signature Page to Biomet Inc. Joinder to Amendment and Restatement Agreement
EXECUTION VERSION
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
AllianceBernstein Institutional Investments – High Yield Loan Portfolio, 1 as an Extending Term Lender, | ||
By: | /s/ Xxxxxxx Xxxx | |
Name: Xxxxxxx Xxxx Title: Senior Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
EXECUTION VERSION
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
AMMC CLO V, LIMITED, 1 as an Extending Term Lender, | ||
By: | /s/ Xxxxxxx X. Eng | |
Name: Xxxxxxx X. Eng Title: Senior Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
EXECUTION VERSION
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
AMMC CLO VI, LIMITED, 1 as an Extending Term Lender, | ||
By: | /s/ Xxxxxxx X. Eng | |
Name: Xxxxxxx X. Eng Title: Senior Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
EXECUTION VERSION
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Gulf Stream – Compass CLO 2005-II, Ltd.,1 as an Extending Term Lender, | ||
By: | /s/ Xxx Xxxxxxx | |
Name: Xxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
EXECUTION VERSION
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Gulf Stream – Compass CLO 2007-II, Ltd.,1 as an Extending Term Lender, | ||
By: | /s/ Xxx Xxxxxxx | |
Name: Xxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
EXECUTION VERSION
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Gulf Stream – Sextant CLO 2006-1, Ltd.,1 as an Extending Term Lender, | ||
By: | /s/ Xxx Xxxxxxx | |
Name: Xxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
EXECUTION VERSION
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Gulf Stream – Sextant CLO 2007-1, Ltd.,1 as an Extending Term Lender, | ||
By: | /s/ Xxx Xxxxxxx | |
Name: Xxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
EXECUTION VERSION
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Gulf Stream – Sextant CLO 2007-1, Ltd., 1 as an Extending Term Lender, | ||
By: | /s/ Xxx Xxxxxxx | |
Name: Xxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
EXECUTION VERSION
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Stone Tower CLO IV Ltd., 1 as an Extending Term Lender, | ||
By: | /s/ Xxx Xxxxxxx | |
Name: Xxx Xxxxxxx Title: Authorized Signatory | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
x Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
EXECUTION VERSION
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BANK OF AMERICA, N.A., as an Extending Term Lender, | ||
By: | /s/ Xxxxxxxx X. Xxxxx | |
Name: Xxxxxxxx X. Xxxxx Title: Vice President | ||
For Extensions of existing Dollar Term Loans: | ||
$ 2,600,000.00 (if less than all Dollar Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Allied World Assurance Company, Ltd, as an Extending Term Lender, | ||
By: | /s/ C Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
JPMBI re Blackrock BankLoan Fund, as an Extending Term Lender, | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BlackRock Floating Rate Income Trust, as an Extending Term Lender, | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BlackRock Defined Opportunity Credit Trust, as an Extending Term Lender, | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BMI-CLO-1, as an Extending Term Lender, | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BlackRock Funds II BlackRock Floating Rate Income Portfolio, as an Extending Term Lender, | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BlackRock Senior Income Series IV, as an Extending Term Lender, | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BlackRock Senior Income Series V Limited as an Extending Term Lender, | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BlackRock Diversified Income Strategies Fund, Inc., as an Extending Term Lender, | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BlackRock Floating Rate Income Strategies Fund, Inc., as an Extending Term Lender, | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BlackRock Floating Rate Income Strategies Fund II, Inc., as an Extending Term Lender, | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Ironshore Inc., as an Extending Term Lender, | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Magnetite VI, Limited, | ||||
as an Extending Term Lender, | ||||
By: |
/s/ C. Xxxxxx Xxxxxxxx | |||
Name: |
C. Xxxxxx Xxxxxxxx | |||
Title: | Authorized Signatory | |||
For Extensions of existing Dollar Term Loans: | ||||
$
(if less than all Dollar Term Loans are being converted); or | ||||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||||
For Extensions of existing Euro Term Loans: | ||||
€ (if less than all Euro Term Loans are being converted); or | ||||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Permanens Capital L.P., | ||||
as an Extending Term Lender, | ||||
By: |
/s/ C. Xxxxxx Xxxxxxxx | |||
Name: |
C. Xxxxxx Xxxxxxxx | |||
Title: | Authorized Signatory | |||
For Extensions of existing Dollar Term Loans: | ||||
$
(if less than all Dollar Term Loans are being converted); or | ||||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||||
For Extensions of existing Euro Term Loans: | ||||
€ (if less than all Euro Term Loans are being converted); or | ||||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BlackRock Senior Floating Rate Portfolio, | ||||
as an Extending Term Lender, | ||||
By: |
/s/ C. Xxxxxx Xxxxxxxx | |||
Name: |
C. Xxxxxx Xxxxxxxx | |||
Title: | Authorized Signatory | |||
For Extensions of existing Dollar Term Loans: | ||||
$
(if less than all Dollar Term Loans are being converted); or | ||||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||||
For Extensions of existing Euro Term Loans: | ||||
€ (if less than all Euro Term Loans are being converted); or | ||||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
[BNP Paribas],1 as an Extending Term Lender, | ||
By: | /s/ Xxxxxxxxxxx Xxxx | |
Name: Xxxxxxxxxxx Xxxx Title: Managing Director | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Barclays Bank PLC, | ||||
as an Extending Term Lender, | ||||
By: |
/s/ Xxxxxx Montana | |||
Name: |
Xxxxxx Montana | |||
Title: | Vice President | |||
For Extensions of existing Dollar Term Loans: | ||||
$
(if less than all Dollar Term Loans are being converted); or | ||||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||||
For Extensions of existing Euro Term Loans: | ||||
€ (if less than all Euro Term Loans are being converted); or | ||||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BLACKSTONE SPECIAL FUNDING (IRELAND) | ||
By: | GSO Capital Partners LP, as Manager, 1 | |
as an Extending Term Lender, | ||
By: | /s/ Xxxxxx Xxxxxx | |
Name: Xxxxxx Xxxxxx Title: Authorized Signatory | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ 7,000,000.00 (if less than all Dollar Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
BATTALION CLO 2007-I, LTD., 1 as an Extending Term Lender, | ||
By: | BRIGADE CAPITAL MANAGEMENT LLC | |
As Collateral Manager | ||
By: | /s/ Xxxxx Xxxx | |
Name: Xxxxx Xxxx Title: Associate | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
XX Xxxxxx Xxxxx Retirement Plan/Brigade, 1 as an Extending Term Lender, | ||
By: | BRIGADE CAPITAL MANAGEMENT LLC | |
As Investment Manager | ||
By: | /s/ Xxxxx Xxxx | |
Name: Xxxxx Xxxx Title: Associate | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Apidos CDO IV, as an Extending Term Lender, | ||
By: | Its Investment Advisor CVC Credit Partners, LLC | |
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx Title: MD/PM | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Apidos CDO V, as an Extending Term Lender, | ||
By: | Its Investment Advisor CVC Credit Partners, LLC | |
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx Title: MD/PM | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Apidos Cinco CDO, as an Extending Term Lender, | ||
By: | Its Investment Advisor CVC Credit Partners, LLC | |
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx Title: MD/PM | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Apidos CLO IX, as an Extending Term Lender, | ||
By: | Its Collateral Manager CVC Credit Partners, LLC | |
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx Title: MD/PM | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Apidos CLO VIII, as an Extending Term Lender, | ||
By: | Its Collateral Manager CVC Credit Partners, LLC | |
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx Title: MD/PM | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Apidos Quattro CDO, as an Extending Term Lender, | ||
By: | Its Investment Advisor CVC Credit Partners, LLC | |
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx Title: MD/PM | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
San Xxxxxxx CLO I LTD, as an Extending Term Lender, | ||
By: | Its Investment Advisor CVC Credit Partners, LLC | |
On behalf of Resource Capital Asset Management (RCAM) | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx Title: MD/PM | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Sierra CLO II LTD, as an Extending Term Lender, | ||
By: | Its Investment Advisor CVC Credit Partners, LLC | |
On behalf of Resource Capital Asset Management (RCAM) | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx Title: MD/PM | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Carlyle Arnage CLO. Ltd., as an Extending Term Lender, 1 | ||
By: | /s/ Xxxxx Xxxx | |
Name: Xxxxx Xxxx Title: Managing Director | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Xxxxxxx Xxxxx CLO, Ltd., 1 as an Extending Term Lender, | ||
By: | /s/ Xxxxx Xxxx | |
Name: Xxxxx Xxxx Title: Managing Director | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Carlyle High Yield Partners VII, Ltd, 1 as an Extending Term Lender, | ||
By: | /s/ Xxxxx Xxxx | |
Name: Xxxxx Xxxx Title: Managing Director | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Carlyle Veyron CLO, Ltd., 1 as an Extending Term Lender, | ||
By: | /s/ Xxxxx Xxxx | |
Name: Xxxxx Xxxx Title: Managing Director | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Mountain Capital CLO IV Ltd.,1 as an Extending Term Lender, | ||
By: | /s/ Xxxxx Xxxx | |
Name: Xxxxx Xxxx Title: Managing Director | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Ameriprise Financial, Inc,1 as an Extending Term Lender, | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Xxxxx X. Xxxxxxx Title: Assistant Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Cent CDO 10 Limited,1 as an Extending Term Lender, | ||
By: | Columbia Management Investment Advisers, LLC As Collateral Manager | |
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Xxxxx X. Xxxxxxx Title: Assistant Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Centurion CDO 8 Limited,1 as an Extending Term Lender, | ||
By: | Columbia Management Investment Advisers, LLC As Collateral Manager | |
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Xxxxx X. Xxxxxxx Title: Assistant Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Cheyne Credit Opportunity CDO I BV, as an Extending Term Lender, | ||
By: | Cheyne Capital Management (UK) LLP acting in its capacity as investment manager of Cheyne Credit Opportunity CDO I BV | |
By: | /s/ Xxxxx Xxxxxxx | |
Name: Xxxxx Xxxxxxx Title: Authorized Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
x Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
XXXXX STREET CLO III, LTD. | ||
By: Citigroup Alternative Investments LLC, as Collateral Manager, | ||
as an Extending Term Lender, | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx Title: Director | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
REGATTA FUNDING LTD., | ||
By: Citi Alternative Investments LLC, attorney-in-fact, | ||
as an Extending Term Lender, | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx Title: Director | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Citibank N.A., | ||
as an Extending Term Lender, | ||
By: | /s/ Xxxxx X. Evan | |
Name: Xxxxx X. Xxxx Title: Attorney-in-fact | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Clavos Euro CDO Limited, | ||
as an Extending Term Lender, | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx Title: Authorised Signatory | ||
[By: | /s/ Cornelis van den Ouweland | |
Name: Cornelis van den Ouweland Title:] Authorised Signatory | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
x Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Ameriprise Certificate Company, | ||
as an Extending Term Lender, | ||
By: | /s/ Xxxxxx X. Xxxxxx | |
Name: Xxxxxx X. Xxxxxx Title: Vice President - Investments | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
CRATOS CLO I LTD, | ||
as an Extending Term Lender, | ||
By: | Cratos CDO Management, LLC As Attorney-in-Fact | |
By: | JMP Credit Advisors LLC Its Manager | |
By: | /s/ Xxxxx Xxxxxxxx | |
Name: Xxxxx Xxxxxxxx Title: Managing Director | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Columbia Funds Variable Series Trust – Variable Portfolio – Xxxxx Xxxxx Floating-Rate Income Fund, | ||
as an Extending Term Lender, | ||
By: Advisor |
Xxxxx Xxxxx Management as Investment Sub- | |
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Xxxxx Xxxxx Floating-Rate Income Trust, 1 | ||
as an Extending Term Lender, | ||
By: Advisor |
Xxxxx Xxxxx Management as Investment | |
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Xxxxx Xxxxx Institutional Senior Loan Fund, 1 | ||
as an Extending Term Lender, | ||
By: Advisor |
Xxxxx Xxxxx Management as Investment | |
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Xxxxx Xxxxx Limited Duration Income Fund, 1 | ||
as an Extending Term Lender, | ||
By: Advisor |
Xxxxx Xxxxx Management as Investment | |
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Xxxxx Xxxxx Senior Floating-Rate Trust,1 as an Extending Term Lender, | ||
By: | Xxxxx Xxxxx Management as Investment | |
Advisor | ||
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Xxxxx Xxxxx Senior Income Trust,1 as an Extending Term Lender, | ||
By: | Xxxxx Xxxxx Management as Investment | |
Advisor | ||
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Xxxxx Xxxxx Short Duration Diversified Income Fund,1 as an Extending Term Lender, | ||
By: | Xxxxx Xxxxx Management as Investment | |
Advisor | ||
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Xxxxx Xxxxx VT Floating-Rate Income Fund,1 as an Extending Term Lender, | ||
By: | Xxxxx Xxxxx Management as Investment | |
Advisor | ||
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Xxxxxxx & Co,1 as an Extending Term Lender, | ||
By: Boston Management and Research as Investment Advisor | ||
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
MET Investors Series Trust – Met/Xxxxx Xxxxx Floating Rate Portfolio,1 as an Extending Term Lender, | ||
By: Xxxxx Xxxxx Management as Investment Sub-Advisor | ||
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Pacific Life Funds-PL Floating Rate Loan Fund, 1 as an Extending Term Lender, | ||
By: | Xxxxx Xxxxx Management as Investment Sub- | |
Advisor | ||
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Pacific Select Fund Floating Rate Loan Portfolio, 1 as an Extending Term Lender, | ||
By: | Xxxxx Xxxxx Management as Investment Sub- | |
Advisor | ||
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Senior Debt Portfolio, 1 as an Extending Term Lender, | ||
By: | Boston Management and Research as | |
Investment Advisor | ||
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Fidelity Advisor Series I: Fidelity Advisor Floating Rate High Income Fund, 1 as an Extending Term Lender, | ||
By: | /s/ Xxxxxx Xxxxxxxx | |
Name: Xxxxxx Xxxxxxxx Title: Deputy Treasurer | ||
For Extensions of existing Dollar Term Loans: | ||
$ 10,000,000 (if less than all Dollar Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Xxxxxxx Xxxxx Lending Partners, LLC, 1 as an Extending Term Lender, | ||
By: | /s/ Xxxx Xxxxxx | |
Name: Xxxx Xxxxxx Title: Authorized Signatory | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ 5,000,000.00 (if less than all Dollar Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
XXXXXXXXX CLO, PLC, 1 as an Extending Term Lender, | ||
By: | /s/ Xxxxxxxx xx Xxxxx | |
Name: Xxxxxxxx xx Xxxxx Title: Head of the Leveraged Funds Group | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
x Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Phoenix CLO I, LTD. | ||
By: | ING Alternative Asset Management LLC, | |
as its investment manager | ||
Phoenix CLO II, LTD. | ||
By: | ING Alternative Asset Management LLC, | |
as its investment manager | ||
Phoenix CLO III, LTD. | ||
By: | ING Alternative Asset Management LLC, | |
as its investment manager | ||
ING Investment Management CLO I, LTD. | ||
By: | ING Investment Management Co. LLC, | |
as its investment manager | ||
ING Investment Management CLO II, LTD. | ||
By: | ING Investment Management Co. LLC, | |
as its investment manager | ||
ING IM CLO 2011-1, Ltd. | ||
By: | ING Alternative Asset Management LLC, | |
as its portfolio manager | ||
as an Extending Term Lender, | ||
By: | /s/ Xxxxxx Xxxxxx | |
Name: Xxxxxx Xxxxxx Title: SVP | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
LATITUDE CLO I, LTD, 1 as an Extending Term Lender, | ||
By: | /s/ Xxxx Xxxxxxx | |
Name: Xxxx Xxxxxxx Title: Senior Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Mizuho Corporate Bank, Ltd, as an Extending Term Lender, | ||
By: | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx Title: Deputy General Manager | ||
For Extensions of existing Dollar Term Loans: | ||
$ $1,160,264.12 (if less than all Dollar Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
New York Life Insurance and Annuity Corporation | New York Life Insurance Company, | |||||||
as an Extending Term Lender, | ||||||||
By: | New York Life Investment Management LLC, | By: | /s/ Xxxxxx Xxxx | |||||
Its Investment Manager | Name: Xxxxxx X. Xxxx Title: Corporate Vice President | |||||||
By: | /s/ Xxxxxx Xxxx | |||||||
Name: Xxxxxx X. Xxxx Title: Director |
||||||||
NYLIM Flatiron CLO 2005-1 Ltd. | For Extensions of existing Dollar Term Loans: | |||||||
By: | New York Life Investment Management LLC, as Collateral Manager and Attorney-In-Fact |
$ (if less than all Dollar Term Loans are being converted); or | ||||||
By: | /s/ Xxxxxx Xxxx | x Entire Amount (check box if all Dollar Term Loans are being converted) | ||||||
Name: Xxxxxx X. Xxxx Title: Director |
||||||||
NYLIM Flatiron CLO 2006-1 Ltd. | For Extensions of existing Euro Term Loans: | |||||||
By: | New York Life Investment Management LLC, as Collateral Manager and Attorney-In-Fact |
€ (if less than all Euro Term Loans are being converted); or | ||||||
By: | /s/ Xxxxxx Xxxx | ¨ Entire Amount (check box if all Euro Term Loans are being converted) | ||||||
Name: Xxxxxx X. Xxxx Title: Director |
||||||||
Flatiron CLO 2007-1 Ltd., | ||||||||
By: | New York Life Investment Management LLC, As Collateral Manager and Attorney-In-Fact | |||||||
By: | /s/ Xxxxxx Xxxx | |||||||
Name: Xxxxxx X. Xxxx Title: Director |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
MainStay Floating Rate Fund, | [____], | |||||||
A series of Mainstay Funds Trust | as an Extending Term Lender, | |||||||
By: | New York Life Investment Management LLC, | By: | ||||||
Its Investment Manager | Name: | |||||||
Title: | ||||||||
By: | /s/ Xxxxxx Xxxx | |||||||
Name: Xxxxxx X. Xxxx Title: Director |
||||||||
MainStay VP Floating Rate Portfolio A series of MainStay VP Funds Trust |
For Extensions of existing Dollar Term Loans: | |||||||
By: | New York Life Investment Management LLC, its Investment Manager |
$ (if less than all Dollar Term Loans are being converted); or | ||||||
By: | /s/ Xxxxxx Xxxx | x Entire Amount (check box if all Dollar Term Loans are being converted) | ||||||
Name: Xxxxxx X. Xxxx Title: Director |
||||||||
SILVERADO CLO 2006-II Limited | For Extensions of existing Euro Term Loans: | |||||||
By: | New York Life Investment Management LLC, as Portfolio Manager and Attorney-in-Fact |
€ (if less than all Euro Term Loans are being converted); or | ||||||
By: | /s/ Xxxxxx Xxxx | ¨ Entire Amount (check box if all Euro Term Loans are being converted) | ||||||
Name: Xxxxxx X. Xxxx Title: Director |
||||||||
Flatiron CLO 2011-1 Ltd. | ||||||||
By: | New York Life Investment Management LLC, as Collateral Manager and Attorney-In-Fact | |||||||
By: | /s/ Xxxxxx Xxxx | |||||||
Name: Xxxxxx X. Xxxx Title: Director |
80
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
ORIX Corporate Capital Inc., as an Extending Term Lender, | ||
By: | /s/ Xxxxxxxxxxx X. Xxxxx | |
Name: Xxxxxxxxxxx X. Xxxxx Title: Senior Managing Director | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
81
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Oak Hill Credit Partners IV, Limited,1 as an Extending Term Lender, | ||
By: | Oak Hill CLO Management IV, LLC, as Investment Manager | |
By: | /s/ Xxxxx X. August | |
Name: Xxxxx X. August Title: Authorized Signatory | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Future Fund Board of Guardians,1 as an Extending Term Lender, | ||
By: | Oak Hill Advisors, L.P., as its Investment Advisor | |
By: | /s/ Xxxxx X. August | |
Name: Xxxxx X. August Title: Authorized Signatory | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Oregon Public Employees Retirement Fund,1 as an Extending Term Lender, | ||
By: | Oak Hill Advisors, L.P., as Investment Manager | |
By: | /s/ Xxxxx X. August | |
Name: Xxxxx X. August Title: Authorized Signatory | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
PIMCO Funds: PIMCO Senior Floating Rate Fund | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong Title: Executive Vice President | ||
For Extensions of existing Dollar Term Loans: | ||
$ 12,787,192.63 (if less than all Dollar Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
PIMCO Funds: Private Account Portfolio Series Senior Floating Rate Portfolio | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong Title: Executive Vice President | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
PIMCO Cayman Bank Loan Fund | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong Title: Executive Vice President | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Portola CLO, Ltd. | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong Title: Executive Vice President | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Prudential Insurance Company of America, as an Extending Term Lender, | ||
By: | Prudential Investment Management, Inc. as | |
Investment Advisor | ||
By: | /s/ Xxxxxx Xxxxxxxxxx | |
Name: Xxxxxx Xxxxxxxxxx Title: Vice President | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Prudential Retirement Insurance and Annuity Company, as an Extending Term Lender, | ||
By: | Prudential Investment Management, Inc. | |
as Investment Manager | ||
By: | /s/ Xxxxxx Xxxxxxxxxx | |
Name: Xxxxxx Xxxxxxxxxx Title: Vice President | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
The Royal Bank of Scotland plc,1 as an Extending Term Lender, | ||
By: | /s/ Xxxx Xxx Xxxxxxx | |
Name: Xxxx Xxx Xxxxxxx Title: | ||
By: | /s/ Xxx Xxxxx | |
Name: Xxx Xxxxx Title: | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ 4,027,884.39 (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
WM Pool – Fixed Interest Trust No. 7,1 | ||
By: | Xxxxxxxx Capital Management, Inc., as Investment Manager | |
By: | /s/ Xxxxxxx X. Xxxxxxxxx | |
Name: Xxxxxxx X. Xxxxxxxxx Title: Chief Operating Officer | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Teachers’ Retirement System of Lousiana (Xxxxxxxx – BANK LOAN ACCOUNT),1 | ||
By: | Xxxxxxxx Capital Management, Inc., as Investment Manager | |
By: | /s/ Xxxxxxx X. Xxxxxxxxx | |
Name: Xxxxxxx X. Xxxxxxxxx Title: Chief Operating Officer | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Symphony CLO I, LTD.,1 as an Extending Term Lender, | ||
By: | Symphony Asset Management LLC | |
By: | /s/ Xxxxx Xxx | |
Name: Xxxxx Xxx Title: Co-Head of Credit Research | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Symphony CLO VI, Ltd.,1 as an Extending Term Lender, | ||
By: | Symphony Asset Management LLC | |
By: | /s/ Xxxxx Xxx | |
Name: Xxxxx Xxx Title: Co-Head of Credit Research | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
X. Xxxx Price Institutional Floating Rate Fund,1 as an Extending Term Lender, | ||
By: | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans:2 | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
2 | Post payment position in Dollar Term Loan B is $4,937,625.00 |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
ACE American Insurance Company,1 as an Extending Term Lender, | ||
By: | X. Xxxx Price Associates, Inc. as investment advisor | |
By: | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx Title: Vice President | ||
[By: | ||
Name: Title:] | ||
For Extensions of existing Dollar Term Loans:2 | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
2 | Post payment position in Dollar Term Loan B is $448,875.00 |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
TRS HY Fnds LLC | ||
By: | Deutsche Bank AG Cayman Islands Branch | |
By: | DB Services New Jersey, Inc., 1 | |
as an Extending Term Lender, | ||
By: | /s/ Xxxxxxxx Xxxxxxxx | |
Name: Xxxxxxxx Xxxxxxxx Title: Assistant Vice President | ||
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx Title: Assistant Vice President | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
[Joinder to the Amendment and Restatement Agreement]
Lender Signature Page to the Joinder to Amendment and Restatement Agreement
The undersigned hereby consents to the terms of the Joinder and the Restatement Agreement and, to the extent indicated below, submits the amount indicated below of its outstanding (i) Euro Term Loans for conversion to Euro Term B-1 Loans and (ii) Dollar Term Loans for conversion to Dollar Term B-1 Loans (it being understood that if the Lender has not made an election below, it will be deemed to have declined to convert any of its Term Loans).
Victoria Court CBNA Loan Funding LLC, 1 as an Extending Term Lender, | ||
By: | /s/ Xxxx Xxxxxx | |
Name: Xxxx Xxxxxx Title: Attorney-In-Fact | ||
For Extensions of existing Dollar Term Loans: | ||
$ (if less than all Dollar Term Loans are being converted); or | ||
x Entire Amount (check box if all Dollar Term Loans are being converted) | ||
For Extensions of existing Euro Term Loans: | ||
€ (if less than all Euro Term Loans are being converted); or | ||
¨ Entire Amount (check box if all Euro Term Loans are being converted) |
1 | For Lenders that are funds managed by a common investment adviser, a separate signature page must be completed for each such fund. |
Signature Page to Biomet Inc. Joinder to Amendment and Restatement Agreement