EXHIBIT 4.3
FOURTH AMENDMENT
FOURTH AMENDMENT dated as of October 7, 2003 (this
"Amendment"), to the CREDIT AGREEMENT, dated as of December 20, 2001 (as amended
prior to the date hereof, the "Credit Agreement"), among XXXXXXX & XXXXXX
PRODUCTS CO., a Delaware corporation (the "Company"), XXXXXXX & XXXXXX CANADA
INC., a Canadian corporation, XXXXXXX & XXXXXX PLASTICS, LTD., a Canadian
corporation, XXXXXXX & XXXXXX CORPORATION, a Delaware corporation ("Holdings"),
the financial institutions parties thereto (the "Lenders"), CREDIT SUISSE FIRST
BOSTON, as syndication agent, DEUTSCHE BANK SECURITIES INC. and XXXXXXX XXXXX
CAPITAL CORPORATION, as co-documentation agents, JPMORGAN CHASE BANK, a New York
banking corporation ("JPMorgan Chase Bank"), as administrative agent (in such
capacity, the "Administrative Agent"), and JPMORGAN CHASE BANK, TORONTO BRANCH ,
a Foreign Bank Branch under the Bank Act (Canada), as Canadian administrative
agent.
WHEREAS pursuant to the Credit Agreement, the Lenders have
agreed to make certain loans to the Borrowers;
WHEREAS the Company has requested that certain provisions of
the Credit Agreement be modified in the manner provided for in this Amendment,
and the Lenders are willing to agree to such modifications as provided for in
this Amendment; and
NOW, THEREFORE, the parties hereto hereby agree as follows:
1. Defined Terms. Capitalized terms used and not defined
herein shall have the meanings given to them in the Credit Agreement, as amended
hereby.
2. Amendment to Section 1.01. (a) The definition of
"Applicable Margin" is hereby amended by deleting "0.25%" and "0.50%" from the
last sentence thereof and adding in their place "0.50% and "0.75%",
respectively.
(b) The definition of "EBITDA" in Section 1.01 of the Credit
Agreement is hereby amended (for purposes of Sections 6.14 and 6.15 of the
Credit Agreement only) by deleting "and" which appears immediately before clause
(xvii) thereof and by adding the following after clause (xvii) thereof and
immediately before the proviso:
"and (xviii) to the extent reducing income from continuing and
discontinued operations for any fiscal quarter ending after September
30, 2003, costs and charges not to exceed $11,000,000 arising from the
restructuring plans announced by the Company in August 2003 and fees
and expenses associated with the Fourth Amendment dated as of October
7, 2003 to this Agreement;"
3. Amendment to Section 6.01. Section 6.01 of the Credit
Agreement is hereby amended by (i) deleting the word "and" from the end of
clause (q), (ii) deleting the period from the end of clause (r) and substituting
therefor the phrase "; and" and (iii) adding the following new clause (s) at the
end thereof:
"(s) an unsecured Guarantee by the Company or any of its
Subsidiaries of lease obligations incurred by a Mexican Subsidiary of
the Company in connection with a "build-to-suit" construction of an
operating facility in Hermasillo, Mexico for use by such Mexican
Subsidiary provided that the aggregate amount guaranteed shall not
exceed $35,000,000."
4. Amendment to Section 6.03. Section 6.03 of the Credit
Agreement is hereby amended by deleting the amount "$185,000,000" for fiscal
year 2004 and substituting therefor the amount "$150,000,000, it being agreed
that up to $35,000,000 of the amount, if any, of Capital Expenditures deemed to
have been made in connection with the proposed "build-to-suit" construction of
an operating facility referred to in Section 6.01(s) arising solely as a result
of the Mexican Subsidiary's possessing title to such facility pending a
sale-leaseback shall be deemed not to constitute Capital Expenditures for
purposes of this Agreement.
5. Amendment to Section 6.14. Section 6.14 of the Credit
Agreement is hereby amended by deleting such Section in its entirety and by
adding the following in its place:
"SECTION 6.14. Interest Coverage Ratio. In the case of
Holdings, permit the Interest Coverage Ratio for any period of four
consecutive fiscal quarters to be less than the ratio set forth below
opposite the period which includes the last day of such period of
consecutive fiscal quarters:
Quarter Ending: Ratio:
September 30, 2003 2.00:1.00
December 31, 2003 1.85:1.00
March 31, 2004 1.85:1.00
June 30, 2004 1.85:1.00
September 30, 2004 2.00:1.00
December 31, 2004 2.20:1.00
March 31, 2005 2.25:1.00
June 30, 2005 - December 31, 2005 3.00:1.00"
6. Amendment to Section 6.15. Section 6.15 of the Credit
Agreement is hereby amended by deleting such Section in its entirety and by
adding the following in its place:
"SECTION 6.15. Leverage Ratio. In the case of Holdings, permit
the Leverage Ratio as of the last day of any fiscal quarter occurring
during any period set forth below to be greater than the ratio set
forth below for such period:
Quarter Ending: Ratio:
September 30, 2003 4.50:1.00
December 31, 2003 5.00:1.00
March 31, 2004 5.00:1.00
June 30, 2004 4.75:1.00
September 30, 2004 4.50:1.00
December 31, 2004 4.25:1.00
March 31, 2005 3.75:1.00
June 30, 2005 - December 31, 2005 3.00:1.00"
2
7. Textron Sale/Leaseback Financing. Notwithstanding anything
to the contrary in the Credit Agreement, it is agreed that, for all purposes of
the Credit Agreement, the accounting treatment under GAAP of the Textron
Sale/Leaseback Financing shall be without giving effect to the change in GAAP
effected in 2003 by Financial Accounting Standards Board Interpretation No. 46.
8. Pricing Grid. Schedule 1.01(A) to the Credit Agreement is
hereby amended by replacing such Schedule with Schedule 1.01(A) attached to this
Amendment.
9. Representations and Warranties. The Company hereby
represents and warrants to the Administrative Agent and the Lenders that, as of
the date hereof and after giving effect to the amendments contained herein:
(a) No Default or Event of Default has occurred and is
continuing.
(b) The execution, delivery and performance by the Company of
this Amendment has been duly authorized by all necessary corporate and other
action and does not and will not require any registration with, consent or
approval of, notice to or action by, any person (including any Governmental
Authority) in order to be effective and enforceable. The Credit Agreement as
amended by this Amendment constitutes the legal, valid and binding obligation of
Holdings and the Borrowers, enforceable against each in accordance with its
terms, subject to applicable bankruptcy, insolvency, fraudulent conveyance,
reorganization, moratorium or other laws affecting creditors' rights generally
and subject to general principles of equity, regardless of whether considered in
a proceeding in equity or at law.
(c) All representations and warranties of each Loan Party set
forth in the Loan Documents as amended hereby are true and correct in all
material respects.
10. Conditions Precedent to Effectiveness. This Amendment
shall become effective on the date on which each of the following conditions is
satisfied (the "Effective Date"):
(a) The Administrative Agent shall have received counterparts
thereof duly executed and delivered by the Holdings, the Borrowers and the
Required Lenders;
(b) The Administrative Agent shall have received all fees and
other amounts due and payable on or prior to the Effective Date, including, to
the extent invoiced, reimbursement or payment of all out-of-pocket expenses
(including reasonable fees, charges and disbursements of counsel) required to be
reimbursed or paid by any Loan Party hereunder or under any other Loan Document;
and
(c) The Company shall have paid to the Administrative Agent,
in immediately available funds, for the account of each Lender that has
delivered (including by telecopy) an executed counterpart of this Amendment to
the Administrative Agent or its counsel prior to 5:00 p.m. New York time, on
October 14, 2003, an amendment fee in an amount separately agreed to by the
Company and such Lender.
3
11. Expenses. The Company agrees to pay or reimburse the
Administrative Agent for its out-of-pocket expenses in connection with this
Amendment, including the reasonable fees, charges and disbursements of Xxxxxxx
Xxxxxxx & Xxxxxxxx LLP, counsel for the Administrative Agent.
12. Governing Law; Counterparts. (a) (a) This Amendment and
the rights and obligations of the parties hereto shall be governed by, and
construed and interpreted in accordance with, the laws of the State of New York.
(b) This Amendment may be executed by one or more of the
parties to this Amendment on any number of separate counterparts, and all of
said counterparts taken together shall be deemed to constitute one and the same
instrument. This Amendment may be delivered by facsimile transmission of the
relevant signature pages hereof.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
4
IN WITNESS WHEREOF, the Company, the Canadian Borrowers,
Holdings, the Agents, and the Lenders have caused this Amendment to be duly
executed by their respective authorized officers as of the day and year first
above written.
XXXXXXX & XXXXXX PRODUCTS CO.
By: /s/ Xxxxxx X. Xxxxxx
-----------------------------
Name: Xxxxxx X. Xxxxxx
Title: VP and Treasurer
XXXXXXX & XXXXXX CORPORATION
By: /s/ Xxxxxx X. Xxxxxx
-----------------------------
Name: Xxxxxx X. Xxxxxx
Title: VP and Treasurer
XXXXXXX & XXXXXX CANADA INC.
By: /s/ Xxxxxx X. Xxxxxx
-----------------------------
Name: Xxxxxx X. Xxxxxx
Title: VP and Treasurer
XXXXXXX & XXXXXX PLASTICS, LTD.
By: /s/ Xxxxxx X. Xxxxxx
-----------------------------
Name: Xxxxxx X. Xxxxxx
Title: VP and Treasurer
JPMORGAN CHASE BANK, as Administrative Agent,
Collateral Agent and as a Lender
By: /s/ XXXXXXX X. XXXXX
-------------------------------------------
Name: XXXXXXX X. XXXXX
Title: MANAGING DIRECTOR
JPMORGAN CHASE BANK, TORONTO BRANCH, as Canadian
Administrative Agent and Canadian Collateral
Agent and as a Lender
By:
-------------------------------------------
Name:
Title:
JPMORGAN CHASE BANK, as Administrative Agent,
Collateral Agent and as a Lender
By:
-------------------------------------------
Name:
Title:
JPMORGAN CHASE BANK, TORONTO BRANCH, as Canadian
Administrative Agent and Canadian Collateral
Agent and as a Lender
By: /s/ XXXX XXXXXXXX
-------------------------------------------
Name: XXXX XXXXXXXX
Title: Vice President
[CANYON CAPITAL ADVISORS LOGO]
CANYON CAPITAL ADVISORS
0000 XXXXXXXX XXXX., #000
XXXXXXX XXXXX, XX 00000
PROPORTIONATE VOTING PROVISION
The undersigned, CANYON CAPITAL CDO 2002-1 LTD., ("Canyon"), is a Lender to
XXXXXXX & XXXXXX PRODUCTS CO., dated as of December 20, 2001 (the "Credit
Agreement".) Canyon's approval of a proposed FOURTH AMENDMENT TO THE CREDIT
AGREEMENT has been requested pursuant to the terms of the Credit Agreement. The
FOURTH AMENDMENT TO THE CREDIT AGREEMENT must be approved by the Required
Lenders under the Credit Agreement.
Canyon hereby votes its percentage interest as a Lender in favor of and/or
against the approval of the FOURTH AMENDMENT TO THE CREDIT AGREEMENT in direct
proportion to the votes of those other Lenders under the Credit Agreement that
have voted for or against the approval of the FOURTH AMENDMENT TO THE CREDIT
AGREEMENT (without counting failure to vote or abstentions.)
CANYON CAPITAL CDO 2002-1 LTD.
An exempted limited liability company incorporated
Under the laws of the Cayman Islands
By: Canyon Capital Advisors LLC
a Delaware limited liability company,
its Collateral Manager
By: /s/ X. Xxxxxxxxx X. Xxxxxxx Date: 10/13/03
--------------------------------- --------------------
X. Xxxxxxxxx X. Xxxxxxx
Managing Partner
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
LCMI Limited Partnership, As Lender
-----------------------------------
[Name of Lender]
By Lyon Capital Management LLC,
As Collateral Manager
By: /s/ X. Xxxxxxxx
-------------------------------
LYON CAPITAL MANAGEMENT LLC
FARBOUD TAVANGAR
SENIOR PORTFOLIO MANAGER
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
The Sumitomo Trust & Banking Co., Ltd.
New York Branch
-----------------------------------------
[Name of Lender]
By: /s/ Xxxxxxx X. Xxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
NORTHWOODS CAPITAL LIMITED
-----------------------------------------
[Name of Lender]
BY: XXXXXX, XXXXXX & CO., L.P.,
AS COLLATERAL MANAGER
By: /s/ Xxxx X. Xxxxxx
------------------------------------
Name: XXXX X. XXXXXX
Title: MANAGING DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
NORTHWOODS CAPITAL II, LIMITED
-----------------------------------------
[Name of Lender]
BY: XXXXXX, XXXXXX & CO., L.P.,
AS COLLATERAL MANAGER
By: /s/ Xxxx X. Xxxxxx
------------------------------------
Name: XXXX X. XXXXXX
Title: MANAGING DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
NORTHWOODS CAPITAL III, LIMITED
-----------------------------------------
[Name of Lender]
BY: XXXXXX, XXXXXX & CO., L.P.,
AS COLLATERAL MANAGER
By: /s/ Xxxx X. Xxxxxx
------------------------------------
Name: XXXX X. XXXXXX
Title: MANAGING DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
AERIES FINANCE-II LTD.
By: Patriarch Partners X, LLC,
Its Managing Agent
By: /s/ Xxxx Xxxxxx
------------------------------------
Name: Xxxx Xxxxxx
Title: Manager
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
CERES II FINANCE LTD.
By: Patriarch Partners IX, LLC
Its Managing Agent
By: /s/ Xxxx Xxxxxx
------------------------------------
Name: Xxxx Xxxxxx
Title: Manager
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Deutsche Bank Trust Company Americas
------------------------------------
[Name of Lender]
By: /s/ Xxxxx Xxxxxxx
-------------------------------
Name: XXXXX XXXXXXX
Title: DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
------------------------------------
DEUTSCHE BANK AG, CANADA BRANCH
By: /s/ Xxxxxxx Xxxxxx /s/ Xxxxxxxxx Xxxxx
----------------------------------------
Name: Xxxxxxx Xxxxxx Xxxxxxxxx Xxxxx
Title: Vice President AVP
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
------------------------------------
Xxxxxxx Xxxxx Capital Corporation
By: /s/ Xxxxxxxxx Xxxxxxxx
----------------------------------------
Name: Xxxxxxxxx Xxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Pacifica Partners I, LP
------------------------------------
[Name of Lender]
By: Alcentia, Inc.
as its Investment Manager
By: /s/ Xxxx X. Xxxxx
----------------------------------------
Name: XXXX X. XXXXX
Title: VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Pacifica CDO II, Ltd.
------------------------------------
[Name of Lender]
By: Alcentia, Inc.
as its Investment Manager
By: /s/ Xxxx X. Xxxxx
----------------------------------------
Name: XXXX X. XXXXX
Title: VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
PRINCIPAL LIFE INSURANCE COMPANY
By: Principal Global Investors, LLC
a Delaware limited liability company,
its authorized signatory
By: /s/ Xxx X. Xxxxx
----------------------------------------
Its: XXX X. XXXXX, COUNSEL
---------------------------------------
By: /s/ Xxxxxxxxx X. Xxxxxxx
----------------------------------------
Its: XXXXXXXXX X. XXXXXXX, COUNSEL
---------------------------------------
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
National City Bank
-----------------------------------------
[Name of Lender]
By: /s/ Xxxx X. Xxxxxxxx
------------------------------------
Name: XXXX X. XXXXXXXX
Title: VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
CREDIT SUISSE FIRST BOSTON, acting through
its CAYMAN ISLANDS BRANCH
-----------------------------------------
[Name of Lender]
By: /s/ Xxxx X. Xxxxxxx
------------------------------------
Name: XXXX X. XXXXXXX
Title: DIRECTOR
By: /s/ Xxxxxx Xxxxxxx
------------------------------------
Name: XXXXXX XXXXXXX
Title: ASSOCIATE
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Trumbull THC, Ltd.
-----------------------------------------
[Name of Lender]
By: /s/ Xxxxxx X. Xxxxx
------------------------------------
Name: Xxxxxx X. Xxxxx
Title: Attorney in Fact
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
NATEXIS BANQUES POPULAIRES
-------------------------------------
[Name of Lender]
By: /s/ Xxxxxxx X. Xxxxx
----------------------------------
Name: XXXXXXX X. XXXXX
Title: VICE PRESIDENT
/s/ Xxxxxxx X. Xxxxxx
XXXXXXX X. XXXXXX
ASSOCIATE
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
ARCHIMEDES FUNDING IV (CAYMAN), LTD.
By: ING Capital Advisors LLC,
as Collateral Manager
/s/ Xxxxxx X. Xxxxxxx
-------------------------------------
By: Xxxxxx X. Xxxxxxx
Title: Senior Vice President
BALANCED HIGH-YIELD FUND II, LTD.
By: ING Capital Advisors LLC,
as Asset Manager
/s/ Xxxxxx X. Xxxxxxx
-------------------------------------
By: Xxxxxx X. Xxxxxxx
Title: Senior Vice President
NEMEAN CLO, LTD.
By: ING Capital Advisors LLC,
as Investment Manager
/s/ Xxxxxx X. Xxxxxxx
-------------------------------------
By: Xxxxxx X. Xxxxxxx
Title: Senior Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
ENDURANCE CLO I, LTD.
c/o: ING Capital Advisors LLC,
as Collateral Manager
/s/ Xxxxxx X. Xxxxxxx
-------------------------------------
By: Xxxxxx X. Xxxxxxx
Title: Senior Vice President
ORYX CLO, LTD.
By: ING Capital Advisors LLC,
as Collateral Manager
/s/ Xxxxxx X. Xxxxxxx
-------------------------------------
By: Xxxxxx X. Xxxxxxx
Title: Senior Vice President
SEQUILS-ING I (HBDGM), LTD.
By: ING Capital Advisors LLC,
as Collateral Manager
/s/ Xxxxxx X. Xxxxxxx
-------------------------------------
By: Xxxxxx X. Xxxxxxx
Title: Senior Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
MW Post Opportunity Offshore Fund, LTD.
----------------------------------------
[Name of Lender]
By: MW Post Advisory Group, LLC
AS INVESTMENT MANAGER
By: /s/ Xxxxxxxx X. Post
------------------------------------
Name: XXXXXXXX X. POST
Title: CHAIRMAN
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Post Opportunity Fund, L.P.
-----------------------------------------
[Name of Lender]
By: MW Post Advisory Group, LLC
AS INVESTMENT MANAGER
By: /s/ Xxxxxxxx X. Post
--------------------------------------
Name: XXXXXXXX X. POST
Title: CHAIRMAN
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
THE TORONTO-DOMINION BANK
-----------------------------------------
[Name of Lender]
By: /s/ Xxxxx X. Xxxxxxxx
-------------------------------------
Name: Xxxxx X. Xxxxxxxx (S-285)
Title: Managing Director
The Toronto-Dominion Bank
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
The Foothill Group, Inc.
---------------------------------------
[Name of Lender]
By: /s/ Xxxxxx X. Xxxxxx
------------------------------------
Name: Xxxxxx X. Xxxxxx
Title: Senior V.P.
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Foothill Income Trust, L.P.
---------------------------------------
[Name of Lender]
By: /s/ Xxxxxx X. Xxxxxx
------------------------------------
Name: Xxxxxx X. Xxxxxx
Title: Managing Member
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
---------------------------------------
[Name of Lender]
By:
------------------------------------
Name:
Title:
OAK HILL SECURITIES FUND, L.P.
By: Oak Hill Securities GenPar, L.P.
its General Partner
By: Oak Hill Securities MGP, Inc.,
its General Partner
By: /s/ Xxxxx X. Xxxxx
-----------------------------------
Name: Xxxxx X. Xxxxx
Title: Authorized Signatory
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
---------------------------------------
[Name of Lender]
By:
------------------------------------
Name:
Title:
OAK HILL SECURITIES FUND II, L.P.
By: Oak Hill Securities GenPar II, L.P.
its General Partner
By: Oak Hill Securities MGP II, Inc.,
its General Partner
By: /s/ Xxxxx X. Xxxxx
-----------------------------------
Name: Xxxxx X. Xxxxx
Title: Authorized Signatory
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
------------------------------------------
[Name of Lender]
By:
---------------------------------------
Name:
Title:
OAK HILL CREDIT PARTNERS I, LIMITED
By: Oak Hill CLO Management I, LLC
as Investment Manager
By: /s/ Xxxxx X. Xxxxx
--------------------------------------
Name: Xxxxx X. Xxxxx
Title: Authorized Signatory
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
------------------------------------------
[Name of Lender]
By:
---------------------------------------
Name:
Title:
OAK HILL CREDIT PARTNERS II, LIMITED
By: Oak Hill CLO Management II, LLC
as Investment Manager
By: /s/ Xxxxx X. Xxxxx
--------------------------------------
Name: Xxxxx X. Xxxxx
Title: Authorized Signatory
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Dolphin Investment Co, Ltd.
------------------------------------------
[Name of Lender]
By: Oak Hill CLO Management III, LLC
as Investment Manager
By: /s/ Xxxxx X. Xxxxx
---------------------------------------
Name: Xxxxx X. Xxxxx
Title: Authorized Signatory
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
VP CBO, Limited (fka Triton CBO III)
------------------------------------------
[Name of Lender]
By: OH Value Partners, LLC
As Investment Manager
By: /s/ Xxxxx X. Xxxxx
--------------------------------------
Name: Xxxxx X. Xxxxx
Title: Authorized Signatory
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
ORIX Financial Services, Inc.
------------------------------------------
[Name of Lender]
By: /s/ R. Xxxxx Xxxxxxxxx
---------------------------------------
Name: R. Xxxxx Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
KATONAH I, LTD.
----------------------------------------
[Name of Lender]
By: /s/ Xxxxx Xxxxx Xxxxx
-------------------------------------
Name: XXXXX XXXXX XXXXX
Title: Authorized Officer
Katonah Capital, L.L.C.
As Manager
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
KATONAH II, LTD.
----------------------------------------
[Name of Lender]
By: /s/ Xxxxx Xxxxx Xxxxx
-------------------------------------
Name: XXXXX XXXXX XXXXX
Title: Authorized Officer
Katonah Capital, L.L.C.
As Manager
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
KATONAH III, LTD.
----------------------------------------
[Name of Lender]
By: /s/ Xxxxx Xxxxx Xxxxx
-------------------------------------
Name: XXXXX XXXXX XXXXX
Title: Authorized Officer
Katonah Capital, L.L.C.
As Manager
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
KATONAH IV, LTD.
----------------------------------------
[Name of Lender]
By: /s/ Xxxxx Xxxxx Xxxxx
-------------------------------------
Name: XXXXX XXXXX XXXXX
Title: Authorized Officer
Katonah Capital, L.L.C.
As Manager
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
KATONAH V, LTD.
----------------------------------------
[Name of Lender]
By: /s/ Xxxxx Xxxxx Xxxxx
-------------------------------------
Name: XXXXX XXXXX XXXXX
Title: Authorized Officer
Katonah Capital, L.L.C.
As Manager
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
TRANSAMERICA BUSINESS CAPITAL CORPORATION
------------------------------------------
[Name of Lender]
By: /s/ Xxxxxxx X. Xxxxxxxxxx
---------------------------------------
Name: Xxxxxxx X. Xxxxxxxxxx
Title: Senior Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Xxxxxxx Xxxxxxxx
-----------------------------------
XXXXXXX XXXXXXXX
ASSOCIATE
COMERICA BANK
PRIVATE EQUITY GROUP
By: /s/ Xxxxxxx Xxxxxxxx
--------------------------------
Name:
Title:
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Protective Life Insurance Company
By: /s/ Xxxxx X. Xxxxxxxx
--------------------------------------
Name: XXXXX X. XXXXXXXX
Title: AVP
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
The Bank of New York
------------------------------------
[Name of Lender]
By: /s/ Xxxxxxx X. Xxxxx
---------------------------------
Name: Xxxxxxx X. Xxxxx
Title: Senior Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
ML CLO XV PILGRIM AMERICA
(CAYMAN) LTD.
By: ING INVESTMENTS, LLC
AS ITS INVESTMENT MANAGER
By: /s/ Xxxx X. Xxxx
---------------------------------------
Name: XXXX X. XXXX, CFA
Title: VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
ML CLO XX PILGRIM AMERICA
(CAYMAN) LTD.
By: ING INVESTMENTS, LLC
AS ITS INVESTMENT MANAGER
By: /s/ Xxxx X. Xxxx
-----------------------------------------
Name: XXXX X. XXXX, CFA
Title: VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
PILGRIM AMERICA HIGH INCOME
INVESTMENTS LTD,
By: ING INVESTMENTS, LLC
AS ITS INVESTMENT MANAGER
By: /s/ Xxxx X. Xxxx
----------------------------------
Name: XXXX X. XXXX, CFA
Title: VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
PILGRIM SLO 1999-1 LTD.
By: ING INVESTMENTS, LLC
AS ITS INVESTMENT MANAGER
By: /s/ Xxxx X. Xxxx
----------------------------------
Name: XXXX X. XXXX, CFA
Title: VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
SEQUILS - PILGRIM I. LTD
By: ING INVESTMENTS, LLC
AS ITS INVESTMENT MANAGER
By: /s/ Xxxx X. Xxxx
----------------------------------
Name: XXXX X. XXXX, CFA
Title: VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
ING SENIOR INCOME FUND
By: AELTUS INVESTMENT MANAGEMENT, INC.
AS ITS INVESTMENT MANAGER
By: /s/ Xxxx X. Xxxx
----------------------------------
Name: XXXX X. XXXX, CFA
Title: VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
ING PRIME RATE TRUST
By: AELTUS INVESTMENTS MANAGEMENT, INC.
AS ITS INVESTMENT MANAGER
By: /s/ Xxxx X. Xxxx
----------------------------------
Name: XXXX X. XXXX, CFA
Title: VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
CLOSE INTERNATIONAL CUSTODY SERVICES LIMITED RE
CYPRESSTREE INTERNATIONAL LOAN HOLDING COMPANY
LIMITED
By: CypressTree Strategic Debt Management Co., Inc.
as Investment Adviser
By: /s/ Xxxxxxx Xxxxx
---------------------------------------
Name: XXXXXXX XXXXX
Title: DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Xxxxxx'x Island CDO, Ltd.
By: CypressTree Investment Management Company, Inc.,
as Portfolio Manager.
By: /s/ Xxxxxxx Xxxxx
--------------------------------------
Name: XXXXXXX XXXXX
Title: DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
THE BANK OF NOVA SCOTIA
-------------------------------------
[Name of Lender]
By: /s/ X. X. Xxxxxx
----------------------------------
Name: X. XXXXXX
Title: ASSISTANT AGENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
WINGED FOOT FUNDING TRUST
------------------------------------
[Name of Lender]
By: /s/ Xxx X. Xxxxxx
---------------------------------
Name: XXX X. XXXXXX
Title: AUTHORIZED AGENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
STANWICH LOAN FUNDING LLC
------------------------------------
[Name of Lender]
By: /s/ Xxx X. Xxxxxx
---------------------------------
Name: XXX X. XXXXXX
Title: ASST VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
RIVIERA FUNDING LLC
------------------------------------
[Name of Lender]
By: /s/ Xxx X. Xxxxxx
---------------------------------
Name: XXX X. XXXXXX
Title: ASST VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
JUPITER FUNDING TRUST
------------------------------------
[Name of Lender]
By: /s/ Xxx X. Xxxxxx
---------------------------------
Name: XXX X. XXXXXX
Title: AUTHORIZED AGENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
JUPITER LOAN FUNDING LLC
------------------------------------
[Name of Lender]
By: /s/ Xxx X. Xxxxxx
---------------------------------
Name: XXX X. XXXXXX
Title: ASST VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
OCTAGON INVESTMENT PARTNERS II, LLC
By: Octagon Credit Investors, LLC
as sub-investment manager
------------------------------------
[Name of Lender]
By: /s/ Xxxxxx Xxxxxx
---------------------------------
Name: Xxxxxx Xxxxxx
Title: Principal
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
OCTAGON INVESTMENT PARTNERS III, LTD.
By: Octagon Credit Investors, LLC
as Portfolio Manager
------------------------------------
[Name of Lender]
By: /s/ Xxxxxx Xxxxxx
---------------------------------
Name: Xxxxxx Xxxxxx
Title: Principal
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
OCTAGON INVESTMENT PARTNERS IV, LTD.
By: Octagon Credit Investors, LLC
as collateral manager
------------------------------------
[Name of Lender]
By: /s/ Xxxxxx Xxxxxx
---------------------------------
Name: Xxxxxx Xxxxxx
Title: Principal
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
OCTAGON INVESTMENT PARTNERS V, LTD.
By: Octagon Credit Investors, LLC
as Portfolio Manager
------------------------------------
[Name of Lender]
By: /s/ Xxxxxx Xxxxxx
---------------------------------
Name: Xxxxxx Xxxxxx
Title: Principal
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
SENIOR DEBT PORTFOLIO
By: Boston Management and Research
as Investment Advisor
------------------------------------
[Name of Lender]
By: /s/ Payson X. Xxxxxxxxx
---------------------------------
Name: Payson X. Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
XXXXX XXXXX SENIOR INCOME TRUST
By: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
------------------------------------
[Name of Lender]
By: /s/ Payson X. Xxxxxxxxx
---------------------------------
Name: Payson X. Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
XXXXX XXXXX INSTITUTION SENIOR LOAN FUND
By: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
------------------------------------
[Name of Lender]
By: /s/ Payson X. Xxxxxxxxx
---------------------------------
Name: Payson X. Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
XXXXX XXXXX CDO II, LTD
By: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
------------------------------------
[Name of Lender]
By: /s/ Payson X. Xxxxxxxxx
---------------------------------
Name: Payson X. Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
XXXXX XXXXX CDO III, LTD.
By: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
------------------------------------
[Name of Lender]
By: /s/ Payson X. Xxxxxxxxx
---------------------------------
Name: Payson X. Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
XXXXX XXXXX CDO IV, LTD.
By: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
------------------------------------
[Name of Lender]
By: /s/ Payson X. Xxxxxxxxx
---------------------------------
Name: Payson X. Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
COSTANTINUS XXXXX XXXXX CDO V, LTD.
By: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
------------------------------------
[Name of Lender]
By: /s/ Payson X. Xxxxxxxxx
---------------------------------
Name: Payson X. Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
XXXXX XXXXX CDO VI LTD.
By: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
------------------------------------
[Name of Lender]
By: /s/ Payson X. Xxxxxxxxx
---------------------------------
Name: Payson X. Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
XXXXXXX & CO
By: BOSTON MANAGEMENT AND RESEARCH
AS INVESTMENT ADVISOR
------------------------------------
[Name of Lender]
By: /s/ Payson X. Xxxxxxxxx
---------------------------------
Name: Payson X. Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
BIG SKY SENIOR LOAN FUND, LTD.
By: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
------------------------------------
[Name of Lender]
By: /s/ Payson X. Xxxxxxxxx
---------------------------------
Name: Payson X. Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
XXXXX XXXXX
LIMITED DURATION INCOME FUND
By: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
------------------------------------
[Name of Lender]
By: /s/ Payson X. Xxxxxxxxx
---------------------------------
Name: Payson X. Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
TOLLI & CO.
By: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
------------------------------------
[Name of Lender]
By: /s/ Payson X. Xxxxxxxxx
---------------------------------
Name: Payson X. Xxxxxxxxx
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Denali Capital LLC, managing member of
DC Funding Partners, portfolio manager for
DENALI CAPITAL CLO I, LTD., or an
affiliate
By: /s/ XXXX X. XXXXXXX
-----------------------------------
Name: XXXX X. XXXXXXX
Title: CHIEF CREDIT OFFICER
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Denali Capital LLC managing member of DC Funding
Partners, portfolio manager form DENALI CAPITAL CLO
II, LTD., or an affiliate
By: /s/ XXXX X. XXXXXXX
--------------------------------
Name: XXXX X. XXXXXXX
Title: CHIEF CREDIT OFFICER
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Denali Capital LLC, managing member of DC Funding
Partners, portfolio manager for DENALI CAPITAL CLO
III, LTD., or an affiliate
By: /s/ XXXX X. XXXXXXX
--------------------------------
Name: XXXX X. XXXXXXX
Title: CHIEF CREDIT OFFICER
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Galaxy CLO 2003-1, Ltd.,
------------------------------------
[Name of Lender]
By: AIG Global Investment Corp.,
Its Investment Advisor
By: /s/ Xxxxxx X. Oh
---------------------------------
Name: Xxxxxx X. Oh
Title: Managing Director
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
SunAmerica Life Insurance Company
------------------------------------
[Name of Lender]
By: AIG Global Investment Corp.,
Its: Investment Advisor
By: /s/ Xxxxxx X. Oh
---------------------------------
Name: XXXXXX X. OH
Title: MANAGING DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Xxxxxxx & Xxxxxx
Products Co., Xxxxxxx & Xxxxxx Canada Inc., Xxxxxxx &
Xxxxxx Plastics, Ltd., Xxxxxxx & Xxxxxx Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
AIG SunAmerica Life Insurance Company
-------------------------------------
[Name of Lender]
By: AIG Global Investment Corp.,
Its: Investment Advisor
By: /s/ Xxxxxx X. Oh
----------------------------------
Name: XXXXXX X. OH
Title: MANAGING DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Galaxy CLO 1999-1, Ltd.,
------------------------------------
[Name of Lender]
By: AIG Global Investment Corp.,
Its: Collateral Manager
By: /s/ Steven S. Oh
---------------------------------
Name: STEVEN S. OH
Title: MANAGING DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
AMARA-I FINANCE, LTD.
By: INVESCO Senior Secured Management, Inc.
As Financial Manager
By: /s/ Joseph Rotondo
------------------------------------
Name: JOSEPH ROTONDO
Title: AUTHORIZED SIGNATORY
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
AMARA 2 FINANCE, LTD.
By: INVESCO Senior Secured Management, Inc.
As Financial Manager
By: /s/ Joseph Rotondo
------------------------------------
Name: JOSEPH ROTONDO
Title: AUTHORIZED SIGNATORY
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
AVALON CAPITAL LTD.
By: INVESCO Senior Secured Management, Inc.
As Portfolio Advisor
By: /s/ Joseph Rotondo
------------------------------------
Name: JOSEPH ROTONDO
Title: AUTHORIZED SIGNATORY
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
AVALON CAPITAL LTD. 2
By: INVESCO Senior Secured Management, Inc.
As Financial Manager
By: /s/ Joseph Rotondo
------------------------------------
Name: JOSEPH ROTONDO
Title: AUTHORIZED SIGNATORY
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
OASIS COLLATERALIZED HIGH INCOME PORTFOLIOS-1,
LTD.
By: INVESCO Senior Secured Management, Inc.
As Sub-Advisor
By: /s/ Joseph Rotondo
------------------------------------
Name: JOSEPH ROTONDO
Title: AUTHORIZED SIGNATORY
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
CHARTER VIEW PORTFOLIO
By: INVESCO Senior Secured Management, Inc.
As Investment Advisor
By: /s/ Joseph Rotondo
------------------------------------
Name: JOSEPH ROTONDO
Title: AUTHORIZED SIGNATORY
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
DIVERSIFIED CREDIT PORTFOLIO LTD.
By: INVESCO Senior Secured Management, Inc.
As Investment Advisor
By: /s/ Joseph Rotondo
------------------------------------
Name: JOSEPH ROTONDO
Title: AUTHORIZED SIGNATORY
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
AIM FLOATING RATE FUND
By: INVESCO Senior Secured Management, Inc.
As Sub-Adviser
By: /s/ Joseph Rotondo
------------------------------------
Name: JOSEPH ROTONDO
Title: AUTHORIZED SIGNATORY
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
INVESCO EUROPEAN CDO I S.A.
By: INVESCO Senior Secured Management, Inc.
As Collateral Manager
By: /s/ Joseph Rotondo
------------------------------------
Name: JOSEPH ROTONDO
Title: AUTHORIZED SIGNATORY
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
SEQUILS-LIBERTY, LTD.
By: INVESCO Senior Secured Management, Inc.
As Collateral Manager
By: /s/ Joseph Rotondo
------------------------------------
Name: JOSEPH ROTONDO
Title: AUTHORIZED SIGNATORY
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
SAGAMORE CLO LTD.
By: INVESCO Senior Secured Management, Inc.
As Collateral Manager
By: /s/ Joseph Rotondo
------------------------------------
Name: JOSEPH ROTONDO
Title: AUTHORIZED SIGNATORY
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
SARATOGA CLO I, LIMITED
By: INVESCO Senior Secured Management, Inc.
As Asset Manager
By: /s/ Joseph Rotondo
------------------------------------
Name: JOSEPH ROTONDO
Title: AUTHORIZED SIGNATORY
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Toronto Dominion (Texas), Inc.
---------------------------------------------
[Name of Lender]
By: /s/ Mark A. Baird
------------------------------------
Name: MARK A. BAIRD
Title: VICE PRESIDENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Stanfield Arbitrage CDO, Ltd.
By: Stanfield Capital Partners LLC
as its Collateral Manager
---------------------------------------
[Name of Lender]
By: /s/ Christopher E. Jansen
------------------------------------
Name: Christopher E. Jansen
Title: Managing Partner
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Stanfield Quattro CLO, Ltd.
By: Stanfield Capital Partners LLC
As its Collateral Manager
---------------------------------------
[Name of Lender]
By: /s/ Christopher E. Jansen
------------------------------------
Name: Christopher E. Jansen
Title: Managing Partner
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Hamilton CDO, Ltd.
By: Stanfield Capital Partners LLC
As its Collateral Manager
---------------------------------------
[Name of Lender]
By: /s/ Christopher E. Jansen
------------------------------------
Name: Christopher E. Jansen
Title: Managing Partner
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Stanfield Carrera CLO, Ltd.
By: Stanfield Capital Partners LLC
as its Asset Manager
---------------------------------------
[Name of Lender]
By: /s/ Christopher E. Jansen
------------------------------------
Name: Christopher E. Jansen
Title: Managing Partner
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Flagship CLO 2001-I
---------------------------------------
[Name of Lender]
By: /s/ Mark S. Pelletier
------------------------------------
Name: Mark S. Pelletier
Title: Director
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Flagship CLO II
---------------------------------------
[Name of Lender]
By: /s/ Mark S. Pelletier
------------------------------------
Name: Mark S. Pelletier
Title: Director
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Black Diamond CLO 1998-I, Ltd
By: /s/ Alan Corkish
------------------------------------
Name: ALAN CORKISH
----------------------------------
Title: DIRECTOR
---------------------------------
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Black Diamond CLO 2000-1, Ltd
By: /s/ Alan Corkish
------------------------------------
Name: ALAN CORKISH
----------------------------------
Title: DIRECTOR
---------------------------------
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Black Diamond International Funding, Ltd
By /s/ Alan Corkish
---------------------------------------
Name ALAN CORKISH
-------------------------------------
Title DIRECTOR
------------------------------------
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
KZH Soleil LLC
-----------------------------------------
By: /s/ Dorian Herrera
--------------------------------------
Name: DORIAN HERRERA
Title: AUTHORIZED AGENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
KZH Soleil - 2 LLC
-----------------------------------------
By: /s/ Dorian Herrera
--------------------------------------
Name: DORIAN HERRERA
Title: AUTHORIZED AGENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
KZH Waterside LLC
-----------------------------------------
By: /s/ Dorian Herrera
--------------------------------------
Name: DORIAN HERRERA
Title: AUTHORIZED AGENT
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
1888 FUND, LTD.
-----------------------------------------
[Name of Lender]
By: /s/ Kaitlin Trinh
--------------------------------------
Name: Kaitlin Trinh
Title: Fund Controller
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
BY: CALLIDUS DEBT PARTNERS CDO FUND I, LTD.
BY: ITS COLLATERAL MANAGER,
CALLIDUS CAPITAL MANAGEMENT, LLC
-----------------------------------------
[Name of Lender]
By: /s/ Wayne Mueller
--------------------------------------
Name: WAYNE MUELLER
Title: MANAGING DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
BY: CALLIDUS DEBT PARTNERS CLO FUND II, LTD.
BY: ITS COLLATERAL MANAGER,
CALLIDUS CAPITAL MANAGEMENT, LLC
-----------------------------------------
[Name of Lender]
By: /s/ WAYNE MUELLER
--------------------------------------
Name: WAYNE MUELLER
Title: MANAGING DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Oppenheimer Senior Floating Rate Fund
--------------------------------------------
[Name of Lender]
By: /s/ Bill Campbell
-----------------------------------------
Name: Bill Campbell
Title: Manager
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Harbour View CDO II, Ltd.
--------------------------------------------
[Name of Lender]
By: /s/ Bill Campbell
-----------------------------------------
Name: Bill Campbell
Title: Manager
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Harbour View CLO IV, Ltd.
--------------------------------------------
[Name of Lender]
By: /s/ Bill Campbell
-----------------------------------------
Name: Bill Campbell
Title: Manager
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Harbour View CLO V, Ltd.
--------------------------------------------
[Name of Lender]
By: /s/ Bill Campbell
-----------------------------------------
Name: Bill Campbell
Title: Manager
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
PROMETHEUS INVESTMENT FUNDING NO. 1 LTD.
BY: HVB CREDIT ADVISORS LLC
--------------------------------------------
[Name of Lender]
By: /s/ IRV ROA
-----------------------------------------
Name: IRV ROA
Title: DIRECTOR
/S/ Elizabeth Tallmadge
ELIZABETH TALLMADGE
MANAGING DIRECTOR
CHIEF INVESTMENT OFFICER
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
INDOSUEZ CAPITAL FUNDING IIA, LIMITED
By: Indosuez Capital as Portfolio Advisor
By: /s/ Charles Kobayashi
----------------------------------------
Name: Charles Kobayashi
Title: Principal and Portfolio Manager
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
TRS Eclipse LLC
--------------------------------------
[Name of Lender]
By: /s/ Alice L. Wagner
-----------------------------------
Name: Alice L. Wagner
Title: Vice President
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
COLUMBUS LOAN FUNDING LTD.
BY TRAVELERS ASSET MANAGEMENT INTERNATIONAL COMPANY,
LLC
----------------------------------------------------
[Name of Lender]
By: /s/ JOHN A. WILLS
-------------------------------------------------
Name: JOHN A. WILLS
Title: ASSISTANT INVESTMENT OFFICER
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
CITIGROUP INVESTMENTS CORPORATE LOAN FUND, INC.
BY TRAVELERS ASSET MANAGEMENT INTERNATIONAL COMPANY,
LLC
----------------------------------------------------
[Name of Lender]
By: /s/ JOHN A. WILLS
-------------------------------------------------
Name: JOHN A. WILLS
Title: ASSISTANT INVESTMENT OFFICER
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
-------------------------------------------
SENECA CBO IV LIMITED
By: /s/ Sandra Monticelli
----------------------------------------
Name: SANDRA MONTICELLI
Title: CHIEF OPERATIONS OFFICER,
SENECA CAPITAL MANAGEMENT
AS PORTFOLIO MANAGER FOR
SENECA CBO IV LIMITED
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Madison Avenue CDO III Ltd.
----------------------------------------
[Name of Lender]
By: /s/ David W. Farrell
-------------------------------------
Name: DAVID W. FARRELL
Title: DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Metropolitan Life Insurance Company
----------------------------------------
[Name of Lender]
By: /s/ Susan M. Garrett
-------------------------------------
Name: SUSAN M. GARRETT
Title: DIRECTOR
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Nationwide Life Insurance Company
----------------------------------------
[Name of Lender]
By: Thomas S. Leggett
------------------------------------
Name: THOMAS LEGGETT
Title: ASSOCIATE VICE PRESIDENT
PUBLIC BONDS
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
SCOTTSDALE INSURANCE
----------------------------------------
[Name of Lender]
By: Thomas S. Leggett
------------------------------------
Name: THOMAS LEGGETT
Title: ASSOCIATE VICE PRESIDENT
PUBLIC BONDS
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Nationwide Mutual Insurance Company
----------------------------------------
[Name of Lender]
By: Thomas S. Leggett
------------------------------------
Name: THOMAS LEGGETT
Title: ASSOCIATE VICE PRESIDENT
PUBLIC BONDS
Signature page to the Fourth Amendment, dated as of
October 7, 2003, to the Credit Agreement, dated as of
December 20, 2001, as amended, among Collins & Aikman
Products Co., Collins & Aikman Canada Inc., Collins &
Aikman Plastics, Ltd., Collins & Aikman Corporation,
the financial institutions parties thereto, the
syndication agent and co-documentation agents named
therein, JPMorgan Chase Bank, as administrative
agent, and JPMorgan Chase Bank, Toronto Branch, as
Canadian administrative agent
Nationwide Mutual Fire Insurance Company
----------------------------------------
[Name of Lender]
By: Thomas S. Leggett
------------------------------------
Name: THOMAS LEGGETT
Title: ASSOCIATE VICE PRESIDENT
PUBLIC BONDS
Schedule 1.01(A)
to Credit Agreement
APPLICABLE MARGIN
Revolving Loans, Swingline Loans and
Tranche A Term Loans
--------------------------------------------
Eurodollar and ABR and Canadian
Bankers Acceptances Prime Rate Loan
Ratios Rate Loan Margin Margin
------------------------------------- ------------------- ------------------
Leverage Ratio greater than
3.50:1.00 ("Level I") 4.00% 3.00%
Leverage Ratio less than or equal to
3.50:1.00 and greater than 3.00:1.00
("Level II") 3.50% 2.50%
Leverage Ratio less than or equal to
3.00:1.00 and greater than 2.25:1.00
("Level III") 3.00% 2.00%
Leverage Ratio less than or equal to
2.25:1.00 and greater than 2.00:1.00
("Level IV") 2.50% 1.50%
Leverage Ratio less than or equal to
2.00:1.00 ("Level V")
2.50% 1.50%
