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AMENDMENT NO. 3 dated as of December 23, 2003 (this "Amendment"), to the AMENDED AND RESTATED CREDIT AGREEMENT dated as of July 25, 2002 (as amended by Amendment No. 1 and Waiver dated as of March 10, 2003 and Amendment No. 2 dated as of November 11, 2003, the "Credit Agreement"), among STONE CONTAINER CORPORATION, a Delaware corporation ("Stone"), SMURFIT-STONE CONTAINER CANADA INC., a corporation continued under the Companies Act (Nova Scotia) ("SSC Canada" and, together with Stone, the "Borrowers"), the lenders party thereto (the "Lenders"), JPMORGAN CHASE BANK, a New York banking corporation, as agent for the Lenders (an "Agent"), DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as agent for the Lenders (an "Agent"), as collateral agent for the Lenders, as administrative agent for the Lenders (the "Administrative Agent"), as swingline lender (the "Swingline Lender") and as Revolving Facility Facing Agent, and DEUTSCHE BANK AG, CANADA BRANCH, an authorized foreign bank permitted to carry on business in Canada and listed in Schedule III of the Bank Act (Canada), as Canadian administrative agent for the Lenders and as Revolving (Canadian) Facility Facing Agent (together with the Revolving Facility Facing Agent, the "Facing Agents").
A. Pursuant to the terms and subject to the conditions contained in the Credit Agreement, the Lenders, the Swingline Lender and the Facing Agents have extended, and have agreed to extend, credit to the Borrowers.
B. The Borrowers have informed the Lenders that they intend to form a new Nova Scotia unlimited liability company ("NSULC"), which will be a wholly owned Canadian Subsidiary. An existing wholly owned Canadian Subsidiary, 605681 NB, Inc. ("605861"), will own 100% of the equity interests in NSULC, and NSULC will, in turn, own 50% of the equity interests in MBI Limited/Limitee, a New Brunswick company ("MBI Limited"). The remaining 50% of the equity interests in MBI Limited will continue to be owned by SSC Canada. The transactions described in this paragraph B shall hereinafter be referred to collectively as the "NSULC Transaction".
C. The Borrowers have requested that the Required Lenders agree to amend certain provisions of the Credit Agreement as set forth in this Amendment and in connection with the NSULC Transaction. The Required Lenders are willing so to amend the Credit Agreement on the terms and subject to the conditions set forth herein.
D. Capitalized terms used but not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement.
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Accordingly, in consideration of the mutual agreements herein contained and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows:
SECTION 1. Amendment of Section 1.01. Section 1.01 of the Credit Agreement is hereby amended by inserting the following new definitions in the appropriate alphabetical order therein:
"NSULC" shall mean a newly formed Nova Scotia unlimited liability company.
"605861 N.B. Inc." shall mean 605861 N.B. Inc., a New Brunswick company."
SECTION 2. Amendment of Section 7.17. Section 7.17 of the Credit Agreement is hereby amended and restated as follows:
"SECTION 7.17. Fiscal Year. Cause its fiscal year to end on a date other than December 31; provided, however, that NSULC and 605861 N.B. Inc. shall be permitted to have a fiscal year ending on November 30."
SECTION 3. Representations and Warranties. To induce the other parties hereto to enter into this Amendment, each of the Borrowers represents and warrants to each other party hereto that, after giving effect to this Amendment, (a) the representations and warranties set forth in Article IV of the Credit Agreement are true and correct in all material respects on and as of the date hereof, except to the extent such representations and warranties expressly relate to an earlier date, and (b) no Default or Event of Default has occurred and is continuing.
SECTION 4. Effectiveness. This Amendment shall become effective on the date that the Administrative Agent shall have received counterparts of this Amendment that, when taken together, bear the signatures of the Required Lenders and each of the Borrowers.
SECTION 5. Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Agents, the Administrative Agent, the Collateral Agent, the Facing Agents, the Swingline Lender or the Borrowers under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply and be effective only with respect to the provisions of the Credit Agreement specifically referred to herein. After the date hereof, any reference to the Credit Agreement shall mean the Credit Agreement, as
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modified hereby. This Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the other Loan Documents.
SECTION 6. Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts constitute but one and the same instrument. Delivery of any executed counterpart of a signature page of this Amendment by facsimile transmission shall be effective as delivery of a manually executed counterpart hereof.
SECTION 7. Applicable Law. THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
SECTION 8. Headings. The headings of this Amendment are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.
[signature pages follow]
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their duly authorized officers, all as of the date and year first above written.
STONE CONTAINER CORPORATION, |
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by |
Xxxxxxx X. Xxxxx |
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Name: | Xxxxxxx X. Xxxxx | |||
Title: | Assistant Treasurer | |||
SMURFIT-STONE CONTAINER CANADA INC., |
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by |
Xxxxxxx X. Xxxxx |
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Name: | Xxxxxxx X. Xxxxx | |||
Title: | Assistant Treasurer | |||
DEUTSCHE BANK TRUST COMPANY AMERICAS, individually and as an Agent, Administrative Agent, Collateral Agent, Revolving Facility Facing Agent and Swingline Lender, |
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by |
Xxxxx Xxxxxxx |
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Name: | Xxxxx Xxxxxxx | |||
Title: | Director | |||
JPMORGAN CHASE BANK, individually and as an Agent, |
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by |
Xxxxx X. Xxxxxx |
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Name: | Xxxxx X. Xxxxxx | |||
Title: | Vice President |
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AMERICAN AGCREDIT, PCA, |
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by |
Xxxx Xxxxxx |
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Name: | Xxxx Xxxxxx | |||
Title: | Vice President | |||
AMMC CDO II, LIMITED By: American Money Management Corp., as Collateral Manager, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Vice President | |||
APEX (TRIMARAN) CDO I, LTD. BY Trimaran Advisors L.L.C., |
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by |
Xxxxx X. Xxxxxxxx |
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Name: | Xxxxx X. Xxxxxxxx | |||
Title: | Managing Director | |||
AVALON CAPITAL LTD. 2 By: INVESCO Senior Secured Management, Inc. as Portfolio Advisor, |
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by |
Xxxxxx Xxxxxxx |
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Name: | Xxxxxx Xxxxxxx | |||
Title: | Authorized Signatory |
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Sankaty Advisors, LLC as Collateral Manager for XXXXX POINT CLO, LTD., as Term Lender, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Managing Director Portfolio Manager |
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BALLYROCK CDO I LIMITED, BY: BALLYROCK INVESTMENT ADVISORS LLC., AS COLLATERAL MANAGER, |
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by |
Xxxx Xxxxx |
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Name: | Xxxx Xxxxx | |||
Title: | Assistant Treasurer | |||
BALLYROCK CLO II LIMITED, BY: BALLYROCK INVESTMENT ADVISORS LLC., AS COLLATERAL MANAGER, |
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by |
Xxxx Xxxxx |
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Name: | Xxxx Xxxxx | |||
Title: | Assistant Treasurer | |||
BANK OF AMERICA, N.A., |
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by |
Xxxxxxx Xxxxx |
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Name: | Xxxxxxx Xxxxx | |||
Title: | Managing Director |
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THE BANK OF NEW YORK, |
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by |
Xxxx Xxxxxxx |
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Name: | Xxxx Xxxxxxx | |||
Title: | Vice President | |||
THE BANK OF NOVA SCOTIA, |
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by |
Xxxxxx Xxxx |
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Name: | Xxxxxx Xxxx | |||
Title: | Senior Manager | |||
BANK ONE, NA, |
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by |
Xxxxxxx Xxxxxx |
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Name: | Xxxxxxx Xxxxxx | |||
Title: | Managing Director | |||
BLUE SQUARE FUNDING SERIES 3, |
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by |
Xxxxxxx X'Xxxxxx |
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Name: | Xxxxxxx X'Xxxxxx | |||
Title: | Vice President | |||
BRAYMOOR & CO. BY: BEAR XXXXXXX ASSET MANAGEMENT, INC. AS ITS ATTORNEY-IN-FACT, |
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by |
Niall D. Rosway |
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Name: | Niall D. Rosway | |||
Title: | Associate Director |
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CARLYLE HIGH YIELD PARTNERS, L.P., |
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by |
Xxxxx Xxxx |
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Name: | Xxxxx Xxxx | |||
Title: | Principal | |||
CARLYLE HIGH YIELD PARTNERS II, L.P., |
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by |
Xxxxx Xxxx |
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Name: | Xxxxx Xxxx | |||
Title: | Principal | |||
CARLYLE HIGH YIELD PARTNERS III, L.P., |
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by |
Xxxxx Xxxx |
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Name: | Xxxxx Xxxx | |||
Title: | Principal | |||
CARLYLE HIGH YIELD PARTNERS IV, L.P., |
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by |
Xxxxx Xxxx |
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Name: | Xxxxx Xxxx | |||
Title: | Principal | |||
CARLYLE LOAN OPPORTUNITY FUND, |
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by |
Xxxxx Xxxx |
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Name: | Xxxxx Xxxx | |||
Title: | Principal |
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SANKATY ADVISORS, LLC AS COLLATERAL MANAGER FOR CASTLE HILL I—INGOTS, LTD., AS TERM LENDER, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Managing Director Portfolio Manager |
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SANKATY ADVISORS, LLC AS COLLATERAL MANAGER FOR CASTLE HILL II—INGOTS, LTD., AS TERM LENDER, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Managing Director Portfolio Manager |
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SANKATY ADVISORS, LLC AS COLLATERAL MANAGER FOR CASTLE HILL II—INGOTS, LTD., AS TERM LENDER, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Managing Director Portfolio Manager |
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CITIBANK, N.A., |
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by |
Xxxxxx X. Van |
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Name: | Xxxxxx X. Van | |||
Title: | Managing Director |
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CITICORP INSURANCE AND INVESTMENT TRUST |
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By Travelers Asset Management International Company, LLC, |
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by |
Xxxxxx X. Xxxxx |
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Name: | Xxxxxx X. Xxxxx | |||
Title: | Investment Officer | |||
CREDIT INDUSTRIEL ET COMMERCIAL, |
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by |
Xxxx Xxxxxxx |
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Name: | Xxxx Xxxxxxx | |||
Title: | First Vice President | |||
by |
Xxxxx X'Xxxxx |
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Name: | Xxxxx X'Xxxxx | |||
Title: | Vice President | |||
CREDIT SUISSE FIRST BOSTON, |
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by |
Xxxxx Xxxxxx |
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Name: | Xxxxx Xxxxxx | |||
Title: | Managing Director | |||
by |
Xxxxxx Xxxxxx |
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Name: | Xxxxxx Xxxxxx | |||
Title: | Director |
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Apex (IDM) CDO I, Ltd. ELC (Cayman) Ltd. CDO Series 1999-I ELC (Cayman) Ltd. 1999-III ELC (Cayman) LTD. 2000-I Xxxxx CLO LTD. 2000-I |
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By: Xxxxx X. Xxxxxx & Company Inc. as Collateral Manager, |
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by |
Xxxxx X. Xxxxx, CFA |
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Name: | Xxxxx X. Xxxxx, CFA | |||
Title: | Managing Director | |||
ELF FUNDING TRUST I |
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By: Highland Capital Management, L.P. as Capital Manager, |
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by |
Xxxx Xxxxx |
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Name: | Xxxx Xxxxx | |||
Title: | Highland Capital Management, L.P. | |||
EMERALD ORCHARD LIMITED, |
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by |
Xxxxxxxx Xxxxxxx |
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Name: | Xxxxxxxx Xxxxxxx | |||
Title: | Attorney in Fact | |||
FIDELITY ADVISOR SERIES II: FIDELITY ADVISOR FLOATING RATE HIGH INCOME FUND, |
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by |
Xxxx X. Xxxxxxxx |
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Name: | Xxxx X. Xxxxxxxx | |||
Title: | Assistant Treasurer |
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FOOTHILL GROUP, INC., |
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by |
Xxxx X. Xxxxx |
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Name: | Xxxx X. Xxxxx | |||
Title: | Vice President | |||
FOOTHILL INCOME TRUST, L.P., |
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By: FIT GP, LLC, its Managing General Partner |
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by |
Xxxx X. Xxxxx |
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Name: | Xxxx X. Xxxxx | |||
Title: | Vice President | |||
FOXE BASIN CLO 2003, LTD., |
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By: Royal Bank of Canada as Collateral Manager |
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by |
Xxx X. Xxxxxxx |
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Name: | Xxx X. Xxxxxxx | |||
Title: | Authorized Signatory | |||
GALAXY CLO 1999-1, LTD. |
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By: AIG Global Investment Corp. as Collateral Manager, |
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by |
W. Xxxxxxx Xxxxxx |
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Name: | W. Xxxxxxx Xxxxxx | |||
Title: | Vice President |
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GALAXY CLO 2003-1, LTD. |
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By: AIG Global Investment Corp. as Investment Advisor, |
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by |
W. Xxxxxxx Xxxxxx |
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Name: | W. Xxxxxxx Xxxxxx | |||
Title: | Vice President | |||
GALLATIN FUNDING I LTD. |
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By: Bear Xxxxxxx Asset Management Inc. as its Collateral Manager, |
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by |
Xxxx X. Xxxxxxxxx |
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Name: | Xxxx X. Xxxxxxxxx | |||
Title: | Associate Director | |||
GENERAL ELECTRIC CAPITAL CORPORATION, |
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by |
Xxxxx X. Xxxxxxx |
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Name: | Xxxxx X. Xxxxxxx | |||
Title: | Duly Authorized Signatory | |||
GLENEAGLES TRADING LLC, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Assistant Vice President |
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GRAYSTON CLO 2001-01 LTD.. |
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By: Bear Xxxxxxx Asset Management Inc. as its Collateral Manager, |
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by |
Xxxx X. Xxxxxxxxx |
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Name: | Xxxx X. Xxxxxxxxx | |||
Title: | Associate Director | |||
Sankaty Advisors, LLC as Collateral Manager for GREAT POINT CLO 1999-1, LTD., as Term Lender, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Managing Director Portfolio Manager | |||
SEQUILS-GLACE BAY, LTD., |
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By: Royal Bank of Canada as Collateral Manager |
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by |
Xxx X. Xxxxxxx |
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Name: | Xxx X. Xxxxxxx | |||
Title: | Authorized Signatory | |||
XXXXXXXX CDO, LTD. |
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BY: Xxxxxxxxx Capital Partners LLC as its Collateral Manager, |
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by |
Xxxxxxxxxxx X. Xxxxx |
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Name: | Xxxxxxxxxxx X. Xxxxx | |||
Title: | Partner |
00
XXXXXXX XXXXXX CLO LTD., |
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by |
Xxxx X. Xxxxxxx |
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Name: | Xxxx X. Xxxxxxx | |||
Title: | Managing Director | |||
HARBOUR TOWN FUNDING LLC, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Assistant Vice President | |||
HCM US LOANS MAC 43, LTD. |
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By: Highland Capital Management, L.P. as Attorney-in-Fact, |
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by |
Xxxx Xxxxx |
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Name: | Xxxx Xxxxx | |||
Title: | Chief Investment Officer Highland Capital Management, L.P. |
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HIGHLAND LEGACY LIMITED |
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By: Highland Capital Management, L.P. as Capital Manager, |
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by |
Xxxx Xxxxx |
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Name: | Xxxx Xxxxx | |||
Title: | Chief Investment Officer Highland Capital Management, L.P. |
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HIGHLAND LOAN FUNDING V LTD. |
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By: Highland Capital Management, L.P. as Collateral Manager, |
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by |
Xxxx Xxxxx |
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Name: | Xxxx Xxxxx | |||
Title: | Chief Investment Officer Highland Capital Management, L.P. |
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HIGHLAND OFFSHORE PARTNERS, L.P. |
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By: Highland Capital Management, L.P. as Collateral Manager, |
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by |
Xxxx Xxxxx |
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Name: | Xxxx Xxxxx | |||
Title: | Chief Investment Officer Highland Capital Management, L.P. |
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LAGUNA FUNDING LLC, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Assistant Vice President | |||
LOAN FUNDING IV, LLC. |
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By: Highland Capital Management, L.P. as Portfolio Manager, |
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by |
Xxxx Xxxxx |
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Name: | Xxxx Xxxxx | |||
Title: | Chief Investment Officer Highland Capital Management, L.P. |
16
KZH RIVERSIDE LLC, |
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by |
Hi Hua |
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Name: | Hi Hua | |||
Title: | Authorized Agent | |||
KZH SOLEI LLC, |
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by |
Hi Hua |
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Name: | Hi Hua | |||
Title: | Authorized Agent | |||
KZH SOLEI-2 LLC, |
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by |
Hi Hua |
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Name: | Hi Hua | |||
Title: | Authorized Agent | |||
MAPLEWOOD (CAYMAN) LIMITED, |
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BY: Xxxxx X. Xxxxxx & Company Inc. under delegated authority from Massachusetts Mutual Life Insurance Company as Investment Manager |
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by |
Xxxxx X. Xxxxx, CFA |
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Name: | Xxxxx X. Xxxxx, CFA | |||
Title: | Managing Director |
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MASSACHUETTS MUTUAL LIFE INSURANCE COMPANY, |
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By: Xxxxx X. Xxxxxx & Company Inc. as Investment Advisor |
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by |
Xxxxx X. Xxxxx, CFA |
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Name: | Xxxxx X. Xxxxx, CFA | |||
Title: | Managing Director | |||
MONUMENT PARK CDO LTD., |
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by |
Xxxx X. Xxxxxxx |
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Name: | Xxxx X. Xxxxxxx | |||
Title: | Managing Director | |||
OAK HILL CREDIT PARTNERS I, LIMITED |
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By: Oak Hill CLO Management I, LLC as Investment Manager, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Authorized Signatory | |||
OAK HILL CREDIT PARTNERS II, LIMITED |
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By: Oak Hill CLO Management II, LLC as Investment Manager, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Authorized Signatory |
00
XXX XXXX CREDIT PARTNERS III, LIMITED |
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By: Oak Hill CLO Management III, LLC as Investment Manager, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Authorized Signatory | |||
OAK HILL SECURITIES FUND, L.P. |
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By: Oak Hill Securities GenPar, L.P. its General Partner |
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By: Oak Hill Securities MGP, Inc. its General Partner |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Authorized Signatory | |||
OAK HILL SECURITIES FUND II, L.P. |
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By: Oak Hill Securities GenPar II, L.P. its General Partner |
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By: Oak Hill Securities MGP II, Inc. its General Partner |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Authorized Signatory |
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XXX CAPITAL FUNDING L.P., |
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By: Highland Capital Management, L.P. as Collateral Manager |
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by |
Xxxx Xxxxx |
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Name: | Xxxx Xxxxx | |||
Title: | Chief Investment Officer Highland Capital Management, L.P. |
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Sankaty Advisors, LLC as Collateral Manager for RACE POINT CLO, LIMITED, as Term Lender, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Managing Director Portfolio Manager |
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Sankaty Advisors, LLC as Collateral Manager for RACE POINT II CLO, LIMITED., as Term Lender, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Managing Director Portfolio Manager |
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REGIONS BANK, |
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by |
Xxxxxx X. Xxxxxxx |
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Name: | Xxxxxx X. Xxxxxxx | |||
Title: | Asst. Vice President |
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RESTORATION FUNDING CLO, LTD.. |
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By: Highland Capital Management, L.P. as Collateral Manager, |
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by |
Xxxx Xxxxx |
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Name: | Xxxx Xxxxx | |||
Title: | Chief Investment Officer Highland Capital Management, L.P. |
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SANKATY HIGH YIELD PARTNERS II, L.P., |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Managing Director Portfolio Manager |
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SAWGRASS TRADING LLC, |
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by |
Xxxxx X. Xxxxx |
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Name: | Xxxxx X. Xxxxx | |||
Title: | Assistant Vice President | |||
SOCIETE GENERALE, |
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by |
Xxxx-Xxxxx Xxxxxxxxx |
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Name: | Xxxx-Xxxxx Xxxxxxxxx | |||
Title: | Vice President |
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XXXXXXXXX ARBITRAGE CDO, LTD. |
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BY: Xxxxxxxxx Capital Partners LLC as its Collateral Manager, |
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by |
Xxxxxxxxxxx X. Xxxxx |
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Name: | Xxxxxxxxxxx X. Xxxxx | |||
Title: | Partner | |||
XXXXXXXXX CARRERA CLO, LTD. |
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BY: Xxxxxxxxx Capital Partners LLC as its Asset Manager, |
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by |
Xxxxxxxxxxx X. Xxxxx |
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Name: | Xxxxxxxxxxx X. Xxxxx | |||
Title: | Partner | |||
XXXXXXXXX CLO LTD. |
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BY: Xxxxxxxxx Capital Partners LLC as its Collateral Manager, |
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by |
Xxxxxxxxxxx X. Xxxxx |
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Name: | Xxxxxxxxxxx X. Xxxxx | |||
Title: | Partner | |||
XXXXXXXXX/RMF TRANSATLANTIC CDO LTD. |
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BY: Xxxxxxxxx Capital Partners LLC as its Collateral Manager, |
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by |
Xxxxxxxxxxx X. Xxxxx |
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Name: | Xxxxxxxxxxx X. Xxxxx | |||
Title: | Partner |
22
XXXXXXXXX QUATTRO CLO, LTD.. |
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BY: Xxxxxxxxx Capital Partners LLC as its Collateral Manager, |
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by |
Xxxxxxxxxxx X. Xxxxx |
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Name: | Xxxxxxxxxxx X. Xxxxx | |||
Title: | Partner | |||
SUFFIELD CLO, LIMITED, |
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By: Xxxxx X. Xxxxxx & Company Inc. as Collateral Manager |
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by |
Xxxxx X. Xxxxx, CFA |
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Name: | Xxxxx X. Xxxxx, CFA | |||
Title: | Managing Director | |||
SIERRA CLO I, |
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by |
Xxxx X. Xxxxxxxxx |
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Name: | Xxxx X. Xxxxxxxxx | |||
Title: | Chief Operating Officer Centre Pacific LLP (Manager) | |||
SUNAMERICA LIFE INSURANCE COMPANY by: AIG Global Investment Corp. as Investment Advisor, |
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by |
W. Xxxxxxx Xxxxxx |
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Name: | W. Xxxxxxx Xxxxxx | |||
Title: | Vice President |
23
TORONTO DOMINION (NEW YORK), INC., |
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by |
Xxxxxxxx Xxxxxxx |
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Name: | Xxxxxxxx Xxxxxxx | |||
Title: | Vice President | |||
THE TRAVELERS INSURANCE COMPANY, |
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by |
Xxxxxx X. Xxxxx |
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Name: | Xxxxxx X. Xxxxx | |||
Title: | Investment Officer | |||
UBS AG, STAMFORD BRANCH, |
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by |
Xxxxxxx X. Xxxxxx |
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Name: | Xxxxxxx X. Xxxxxx | |||
Title: | Associate Director Banking Products Services, US | |||
by |
Xxxxxx X. Xxxxxxxx |
|||
Name: | Xxxxxx X. Xxxxxxxx | |||
Title: | Associate Director Banking Products Services, US | |||
UNION SQUARE CDO LTD., |
||||
by |
Xxxx X. Xxxxxxx |
|||
Name: | Xxxx X. Xxxxxxx | |||
Title: | Managing Director |
24
VENTURE CDO 2002, LIMITED |
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By its investment advisor, MJX Asset Management, LLC, |
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by |
Xxxx X. Xxxx |
|||
Name: | Xxxx X. Xxxx | |||
Title: | Authorized Signatory | |||
VENTURE II CDO 2002, LIMITED |
||||
By its investment advisor, MJX Asset Management, LLC, |
||||
by |
Xxxx X. Xxxx |
|||
Name: | Xxxx X. Xxxx | |||
Title: | Authorized Signatory | |||
WINDSOR LOAN FUNDING, LIMITED |
||||
BY: Xxxxxxxxx Capital Partners LLC as its Investment Manager, |
||||
by |
Xxxxxxxxxxx X. Xxxxx |
|||
Name: | Xxxxxxxxxxx X. Xxxxx | |||
Title: | Partner |
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