EXHIBIT 10.3
AMENDMENT XX. 0
XXXXXXXXX Xx. 0, dated as of August 8, 2001 ("Amendment"), to the
Credit Agreement dated as of May 11, 1999 (as amended and restated as of April
27, 2001, the "Credit Agreement"), by and among TRIAD HOSPITALS, INC., a
Delaware corporation (the "Borrower"), the Lenders party thereto, XXXXXXX XXXXX
& CO., as Syndication Agent (the "Syndication Agent"), BANK OF AMERICA, N.A.,
as Administrative Agent (the "Administrative Agent"), XXXXXXX XXXXX & CO. and
BANC OF AMERICA SECURITIES LLC, as Co-Lead Arrangers and Co-Book-Runners, and
THE CHASE MANHATTAN BANK and CITICORP USA, INC., as Co-Documentation Agents
(together with the Syndication and Administrative Agents, the "Agents").
Capitalized terms used and not otherwise defined herein shall have the meanings
assigned to them in the Credit Agreement.
WHEREAS, the Borrower acquired Quorum Health Group ("Quorum") on
April 27, 2001 (the "Acquisition");
WHEREAS, Quorum was subject to a government settlement related to
various allegations relating to Medicare cost reports (the "Government
Settlement");
WHEREAS, the total amount incurred by Quorum in connection with the
Government Settlement for the four quarters ended June 30, 2001 was
approximately $115.3 million;
WHEREAS, the Borrower made certain one-time Acquisition-related
accounting adjustments in an aggregate amount of $31.3 million in order to
agree Quorum's accounting policies with its own;
WHEREAS, the Borrower requests additional time to complete certain
post-closing obligations pursuant to Section 8.15 of the Credit Agreement (the
"Post-Closing Obligations");
WHEREAS, the consent of the Required Lenders is necessary to effect
this Amendment;
NOW, THEREFORE, in consideration of the foregoing, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto hereby agree as follows:
SECTION ONE - AMENDMENT TO CREDIT AGREEMENT.
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(a) Section 8.15 of the Credit Agreement is hereby amended to provide
the Borrower with an additional 90 days from the date hereof to execute and
deliver the items required
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to be delivered to the Administrative Agent pursuant to subsections 8.15(c),
(d), (f), (g), (h), (i), (j), (o) and (p) of the Credit Agreement.
(b) The definition of "Consolidated EBITDA" is hereby amended by
deleting the period at the end of the definition and adding the following
clause:
"; provided, however, that the Company shall be permitted to include
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in its calculation hereof, with respect to the applicable periods in which such
charges were made or incurred, an aggregate amount not to exceed $146.6 million
(comprised of $115.3 million related to Quorum's government settlement in
connection with allegations relating to Medicare cost reports and $31.3 million
related to one-time Acquisition-related accounting adjustments made to agree
Quorum's accounting policies with those of the Company)."
SECTION TWO - EFFECTIVENESS.
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The effective date of this Amendment shall be April 27, 2001. This
Amendment shall become effective only upon satisfaction of the following
conditions precedent:
(a) The Administrative Agent shall have received duly executed
counterparts of this Amendment which, when taken together, bear the authorized
signatures of the Borrower, each of the Guarantors and the Required Lenders.
(b) All corporate and other proceedings taken or to be taken in
connection with this Amendment and all documents incidental thereto, whether or
not referred to herein, shall be satisfactory in form and substance to each of
the Required Lenders and their counsel.
(c) All attorneys' fees and expenses incurred in connection with this
transaction have been paid in full in cash.
SECTION THREE - REPRESENTATIONS AND WARRANTIES
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In order to induce the Lenders to enter into this Amendment, the
Borrower and each Guarantor represent and warrant to the Administrative Agent
and each of the Lenders that after giving effect to this Amendment, (i) no
Default or Event of Default has occurred and is continuing; and (ii) all of the
representations and warranties in the Credit Agreement, after giving effect to
this Amendment, are true, correct and accurate in all material respects on and
as of the date hereof as if made on the date hereof, except to the extent that
changes in the facts and conditions on which such representations and warranties
are based are required or permitted under the Credit Agreement. The Borrower
and each Guarantor further represent and warrant (which representations and
warranties shall survive the execution and delivery hereof) to the
Administrative Agent and each Lender that:
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(a) The Borrower and each Guarantor have the corporate power and
authority to execute, deliver and perform this Amendment and have taken all
corporate actions necessary to authorize the execution, delivery and
performance of this Amendment; and
(b) This Amendment has been duly executed and delivered on behalf of
the Borrower and each Guarantor by a duly authorized officer or attorney-
in-fact of the Borrower and each Guarantor, respectively.
SECTION FOUR - MISCELLANEOUS.
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(a) Except as herein expressly amended, the Credit Agreement and all
other agreements, documents, instruments and certificates executed in
connection therewith, except as otherwise provided herein, are ratified and
confirmed in all respects and shall remain in full force and effect in
accordance with their respective terms.
(b) This Amendment may be executed by the parties hereto in one or
more counterparts, each of which shall be an original and all of which shall
constitute one and the same agreement.
(c) THIS AMENDMENT SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN
ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
(d) This Amendment shall not constitute a consent or waiver to or
modification of any other provision, term or condition of the Credit Agreement
or any other Credit Document. All terms, provisions, covenants,
representations, warranties, agreements and conditions contained in the Credit
Agreement, as amended hereby, and the other Credit Documents shall remain in
full force and effect.
[Signature Pages Follow]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be duly executed as of the date first above written.
TRIAD HOSPITALS, INC.,
as Borrower
By: /s/ Xxxxxx X. Xxx
------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President,
Secretary and General Counsel
Signature Page to
Amendment No. 2 to Credit Agreement
ACKNOWLEDGED AND ACCEPTED BY:
----------------------------
GUARANTOR: ARIZONA ASC MANAGEMENT, INC.
CRESTWOOD HOSPITAL & NURSING HOME, INC.
CRESTWOOD HOSPITAL HOLDINGS, INC.
DAY SURGERY, INC.
MEDICAL HOLDINGS, INC.
MEDICAL MANAGEMENT, INC.
PACIFIC GROUP ASC DIVISION, INC.
SOUTH ALABAMA MANAGED CARE CONTRACTING, INC.
SOUTH ALABAMA MEDICAL MANAGEMENT SERVICES, INC.
SOUTH ALABAMA PHYSICIAN SERVICES, INC.
SPROCKET MEDICAL MANAGEMENT, INC.
SURGICARE OF INDEPENDENCE, INC.
SURGICARE OF SAN LEANDRO, INC.
SURGICARE OF VICTORIA, INC.
SURGICARE OUTPATIENT CENTER OF LAKE XXXXXXX,
INC.
SURGICENTER OF XXXXXXX COUNTY, INC.
SURGICENTERS OF AMERICA, INC.
TRIAD EL DORADO, INC.
TRIAD HOLDINGS III, INC.
TRIAD OF ARIZONA (L.P.), INC.
TRIAD OF PHOENIX, INC.
TRIAD RC, INC.
TRIAD-ARIZONA I, INC.
TRIAD-SOUTH TULSA HOSPITAL COMPANY, INC.
By: /s/ Xxxxxx X. Xxx
-----------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and
Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
ACKNOWLEDGED AND ACCEPTED BY:
----------------------------
GUARANTOR: CAROLINAS MEDICAL ALLIANCE, INC.
FRANKFORT HEALTH PARTNER, INC.
GADSDEN REGIONAL PRIMARY CARE, INC.
NC-CSH, INC.
NC-DSH, INC.
NC-SCHI, INC.
QHG GEORGIA HOLDINGS, INC.
QHG OF ALABAMA, INC.
QHG OF BARBERTON, INC.
QHG OF BATON ROUGE, INC.
QHG OF BLUFFTON, INC.
QHG OF CLINTON COUNTY, INC.
QHG OF ENTERPRISE, INC.
QHG OF XXXXXXX COUNTY, INC.
QHG OF FORT XXXXX, INC.
QHG OF GADSDEN, INC.
QHG OF HATTIESBURG, INC.
QHG OF INDIANA, INC.
QHG OF JACKSONVILLE, INC.
QHG OF LAKE CITY, INC.
QHG OF MASSILLON, INC.
QHG OF OHIO, INC.
QHG OF SOUTH CAROLINA, INC.
QHG OF SPARTANBURG, INC.
QHG OF SRINGDALE, INC.
QHG OF TEXAS, INC.
QHG OF WARSAW, INC.
QUORUM HEALTH GROUP OF VICKSBURG, INC.
SOFTWARE SALES CORP.
ST. XXXXXX MEDICAL GROUP, INC.
XXXXXX HEALTHTRUST, INC.
By: /s/ Xxxxxx X. Xxx
---------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: XXXXX HOSPITAL, LLC
XXXXX SURGEONS, LLC
By: APS Medical, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: E.D. CLINICS, LLC
DORADO MEDICAL CENTER, LLC
By: Arizona Medco, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: BEAUMONT REGIONAL, LLC
HOSPITAL OF BEAUMONT, LLC
By: Beauco, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: BRAZOS VALLEY SURGICAL CENTER, LLC
BVSC, LLC
By: Brazos Medco, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: COLLEGE STATION MEDICAL CENTER, LLC
CSMC, LLC
By: College Station Merger, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
--------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: CORONADO HOSPITAL, LLC
PAMPA MEDICAL CENTER, LLC
By: Coronado Medical, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: TRIAD DEQUEEN REGIONAL MEDICAL CENTER, LLC
By: Dequeen Regional I, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: XXXXX PHYSICIAN PRACTICE, LLC
LEA REGIONAL HOSPITAL, LLC
By: Xxxxx Medco, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: LRH, LLC
REGIONAL HOSPITAL OF LONGVIEW, LLC
By: Longview Merger, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
--------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: DOCTORS MEDICAL CENTER, LLC
DOCTORS OF LAREDO, LLC
By: Mid-Plains, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: WILLAMETTE VALLEY CLINICS, LLC
WILLAMETTE VALLEY MEDICAL CENTER, LLC
By: Oregon Healthcorp, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: BLUFFTON HEALTH SYSTEM LLC
By: QHG of Bluffton, Inc., its Member
By: /s/ Xxxxxx X. Xxx
---------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
By: Frankfort Health Partner, Inc., its Member
By: /s/ Xxxxxx X. Xxx
---------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: ST. XXXXXX HEALTH SYSTEM LLC
By: QHG of Fort Xxxxx, Inc., its Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
By: Frankfort Health Partner, Inc., its Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: XXXXXX HEALTH SYSTEM LLC
By: QHG of Hattiesburg, Inc., its Member
By: /s/ Xxxxxx X. Xxx
-----------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
By: QHG of Xxxxxxx County, Inc., its Member
By: /s/ Xxxxxx X. Xxx
-----------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: WARSAW HEALTH SYSTEM LLC
By: QHG Warsaw, Inc., its Member
By: /s/ Xxxxxx X. Xxx
-----------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
By: Frankfort Health Partner, Inc., its Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: SACMC, LLC
SAN XXXXXX COMMUNITY MEDICAL CENTER, LLC
By: San Xxxxxx Medical, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
--------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: SAN LEANDRO MEDICAL CENTER, LLC
SLH, LLC
By: San Leandro Medical, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
--------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: PALM DRIVE MEDICAL CENTER, LLC
PDMC, LLC
By: Sebastopol, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
----------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: SDH, LLC
By: Silsbee Texas, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
---------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: BROWNWOOD MEDICAL CENTER, LLC
MEDICAL CENTER OF BROWNWOOD, LLC
By: Southern Texas Medical Center, its Sole Member
By: /s/ Xxxxxx X. Xxx
--------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: PACIFIC PHYSICIANS SERVICE, LLC
By: Sprocket Medical Management, Inc., its Sole Member
By: /s/ Xxxxxx X. Xxx
-----------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: CLAREMORE PHYSICIANS, LLC
CLAREMORE REGIONAL HOSPITAL, LLC
CLINICO, LLC
HDP DEQUEEN, LLC
IRHC, LLC (F/K/A INDEPENDENCE REGIONAL
HEALTH CENTER, LLC)
KENSINGCARE, LLC
MEDICAL PARK HOSPITAL, LLC
MEDICAL PARK MSO, LLC
PHYS-MED, LLC
PRIMARY MEDICAL, LLC
SOUTH ARKANSAS CLINIC, LLC
TRIAD CSGP, LLC
TROSCO, LLC
TRUFOR PHARMACY, LLC
XXXXXXX COMMUNITY HOSPITAL, LLC
WOMEN & CHILDREN'S HOSPITAL, LLC
By: Triad Holdings II, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
--------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: AMARILLO SURGICARE I, LLC
ARIZONA DH, LLC
CSDS, LLC
GRB REAL ESTATE, LLC
GREENBRIER VMC, LLC
HIH, LLC
LS PSYCHIATRIC, LLC
MISSOURI HEALTHSERV, LLC
SURGICARE OF SOUTHEAST TEXAS I, LLC
TRIAD-XXXXXX HOSPITAL GP, LLC
VFARC, LLC
VHC HOLDINGS, LLC
VHC MEDICAL, LLC
VMF MEDICAL, LLC
WEST VIRGINIA MS, LLC
WHMC, LLC
WM MEDICAL, LLC
WOODLAND HEIGHTS MEDICAL CENTER, LLC
By: Triad Holdings III, Inc., its Sole Member
By: /s/ Xxxxxx X. Xxx
---------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: APS MEDICAL, LLC
ARIZONA MEDCO,LLC
BEAUCO, LLC
BRAZOS MEDCO, LLC
CARLSBAD MEDICAL CENTER,LLC
COLLEGE STATION MERGER, LLC
CORONADO MEDICAL, LLC
DALLAS PHY SERVICE, LLC
DFW PHYSERV, LLC
XXXXXXX MEDICAL CENTER, LLC
EYE INSTITUTE OF SOUTHERN ARIZONA, LLC
GH TEXAS, LLC
GHC HOSPITAL, LLC
GHC HUNTINGTON BEACH, LLC
HDP WOODLAND PROPERTY, LLC
HDPWH, LLC
HEALDSBURG OF CALIFORNIA, LLC
XXXXX MEDCO, LLC
HUNTINGTON BEACH AMDECO, LLC
LAS CRUCES MEDICAL CENTER, LLC
LONGVIEW MERGER, LLC
MEMORIAL HOSPITAL, LLC
MID-PLAINS, LLC
MISSION BAY MEMORIAL HOSPITAL, LLC
NORTHWEST HOSPITAL, LLC
NORTHWEST RANCHO VISTOSO IMAGING
SERVICES, LLC
OPRMC, LLC (F/K/A OVERLAND PARK REGIONAL MEDICAL CENTER,
LLC)
OREGON HEALTHCORP, LLC
PACIFIC WEST DIVISION OFFICE, LLC
PANHANDLE MEDICAL CENTER, LLC
PANHANDLE PROPERTY, LLC
PANHANDLE, LLC
PECOS VALLEY OF NEW MEXICO, LLC
PHOENIX AMDECO, LLC
Signature Page to
Amendment No. 2 to Credit Agreement
PHOENIX SURGICAL, LLC
PSYCHIATRIC SERVICES OF PARADISE VALLEY, LLC
By: Triad Hospitals Holdings, Inc., its Sole Member
By: /s/ Xxxxxx X. Xxx
---------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: SAN XXXXXX MEDICAL, LLC
SAN LEANDRO, LLC
SEBASTOPOL, LLC
SILSBEE, TEXAS, LLC
SOUTHERN TEXAS MEDICAL CENTER, LLC
TRIAD CSLP, LLC
TRIAD HOLDINGS II, LLC
TRIAD TEXAS, LLC
TRIAD-MEDICAL CENTER AT XXXXXXX
SUBSIDIARY, LLC
TRIAD-XXXXXXX REGIONAL HOSPITAL
SUBSIDIARY, LLC
WEST ANAHEIM, LLC
XXXXXXX MEDCO, LLC
By: Triad Hospitals Holdings, Inc., its Sole Member
By: /s/ Xxxxxx X. Xxx
-----------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: MEDICAL CENTER AT XXXXXXX, LLC
XXXXXXX MEDICAL CENTER, LLC
By: Triad-Medical Center at Xxxxxxx Subsidiary, LLC,
its Sole Member
By: /s/ Xxxxxx X. Xxx
--------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: XXXXXXX REGIONAL, LLC
NRH, LLC
By: Triad-Xxxxxxx Regional Hospital Subsidiary, LLC,
its Sole Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: SOUTHCREST, L.L.C.
By: Triad-South Tulsa Hospital Company, Inc.,
its Sole Member
By: /s/ Xxxxxx X. Xxx
----------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: XXXXX HOSPITAL, LLC
VICTORIA HOSPITAL, LLC
By: VHC Medical, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
--------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: WAMC, LLC
WEST ANAHEIM MEDICAL CENTER, LLC
By: West Anaheim, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
--------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: GCMC, LLC
GULF COAST MEDICAL CENTER, LLC
By: Xxxxxxx Medco, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
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Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: LAKE AREA PHYSICIAN SERVICES, LLC
By: Women & Children Hospital, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
--------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: AMERICAN HEALTH FACILITIES DEVELOPMENT, LLC
QHR INTERNATIONAL, LLC
THE INTENSIVE RESOURCE GROUP, LLC
By: Quorum Health Resources, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
--------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: CLINTON COUNTY HEALTH SYSTEM, LLC
By: QHG of Clinton County, Inc., its Member
By: /s/ Xxxxxx X. Xxx
---------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
By: Frankfort Health Partner, Inc., its Member
By: /s/ Xxxxxx X. Xxx
---------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: DEQUEEN REGIONAL I, LLC
NORTH ANAHEIM SURGICARE, LLC
By: Triad Holdings III, Inc., its Sole Member
By: /s/ Xxxxxx X. Xxx
-----------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: HATTIESBURG AMBULATORY SURGERY CENTER, LLC
By: Xxxxxx Health System LLC, its Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
By: QHG of Xxxxxxx County, Inc., its Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: MEDICAL CENTER OF XXXXXXX, LLC
XXXXXXX MEDICAL CENTER, LLC
By: Triad Medical Center of Xxxxxxx, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
-------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: PROCURE SOLUTIONS, LLC
By: Quorum Health Group, Inc., its Sole Member
By: /s/ Xxxxxx X. Xxx
------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: QUORUM HEALTH RESOURCES, LLC
By: Quorum Health Group, Inc., its Sole Member
By: /s/ Xxxxxx X. Xxx
----------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: SILSBEE MEDICAL CENTER, LLC
By: Silsbee Texas, LLC, its Sole Member
By: /s/ Xxxxxx X. Xxx
------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
GUARANTOR: SURGICAL CENTER OF AMARILLO, LLC
TRIAD-XXXXXXX REGIONAL HOSPITAL
SUBSIDIARY, LLC
By: Triad Hospital Holdings, Inc., its Sole Member
By: /s/ Xxxxxx X. Xxx
---------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: REHAB HOSPITAL OF FORT XXXXX
GENERAL PARTNERSHIP
By: QHG of Fort Xxxxx, Inc., its General Partner
By: /s/ Xxxxxx X. Xxx
------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: IOM HEALTH SYSTEM, L.P.
By: QHG of Indiana, Inc., its General Partner
By: /s/ Xxxxxx X. Xxx
---------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: LONGVIEW MEDICAL CENTER, L.P.
By: Regional Hospital of Longview, LLC, its General
Partner
By: /s/ Xxxxxx X. Xxx
----------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: SAN XXXXXX HOSPITAL, L.P.
By: San Xxxxxx Community Medical Center, LLC,
its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: SAN LEANDRO HOSPITAL, L.P.
By: San Leandro Medical Center, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
--------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: SILSBEE DOCTORS HOSPITAL, L.P.
By: Silsbee Medical Center, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: XXXXXXX HOSPITAL, L.P.
By: Xxxxxxx Medical Center, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: TRIAD CORPORATE SERVICES, LIMITED PARTNERSHIP
By: Triad CSGP, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: TRIAD HEALTHCARE SYSTEM OF PHOENIX, LIMITED
PARTNERSHIP
By: Triad of Phoenix, Inc., its General Partner
By: /s/ Xxxxxx X. Xxx
---------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: PACIFIC EAST DIVISION OFFICE, L.P.
By: Triad Texas, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
IN WITNESS WHEREOF, each of the following parties hereto has caused a
counterpart of this Guaranty Agreement to be duly executed and delivered by
their duly authorized officers as of the date first above written.
GUARANTOR: PHYSICIANS AND SURGEONS HOSPITAL OF XXXXX, LP
By: Xxxxx Hospital, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: BEAUMONT MEDICAL CENTER, L.P.
By: Beaumont Regional, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: BRAZOS VALLEY OF TEXAS, L.P.
By: Brazos Valley Surgical Center, LLC, its General
Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: BROWNWOOD HOSPITAL, L.P.
By: Brownwood Medical Center, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
----------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: COLLEGE STATION HOSPITAL, L.P.
By: College Station Medical Center, LLC, its General
Partner
By: /s/ Xxxxxx X. Xxx
----------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: CRESTWOOD HEALTHCARE, L.P.
By: Crestwood Hospital & Nursing Home, Inc.,
its General Partner
By: /s/ Xxxxxx X. Xxx
---------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: VICTORIA OF TEXAS, L.P.
By: XxXxx Hospital, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: LAREDO HOSPITAL, L.P.
By: Doctors of Laredo, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: DALLAS PHYSICIAN PRACTICE, L.P.
By: DPW Physerv, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: GULF COAST HOSPITAL, L.P.
By: Gulf Coast Medical Center, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: HDP WOODLAND HEIGHTS, L.P.
By: HDP Woodland Property, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: SAN DIEGO HOSPITAL, L.P.
By: Mission Bay Memorial Hospital, LLC, its General
Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: XXXXXXX HOSPITAL, L.P.
By: Xxxxxxx Regional, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: PALM DRIVE HOSPITAL, L.P.
By: Palm Drive Medical Center, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: PAMPA HOSPITAL, L.P.
By: Pampa Medical Center, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: PANHANDLE SURGICAL HOSPITAL, L.P.
By: Panhandle Medical Center, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: MCI PANHANDLE SURGICAL, L.P.
By: Panhandle Property, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: QHG GEORGIA, L.P.
By: QHG Georgia Holdings, Inc., its General Partner
By: /s/ Xxxxxx X. Xxx
---------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Secretary
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: TRIAD-XXXXXX HOSPITAL, L.P.
By: Triad-Xxxxxx Hospital GP, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
----------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: WEST ANAHEIM HOSPITAL, L.P.
By: West Anaheim Medical Center, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: PINEY XXXXX HEALTHCARE SYSTEM, L.P.
By: Woodland Heights Medical Center, LLC,
its General Partner
By: /s/ Xxxxxx X. Xxx
-------------------------------------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
GUARANTOR: XXXXXXX HOSPITAL, L.P.
By: Xxxxxxx Medical Center, LLC, its General Partner
By: /s/ Xxxxxx X. Xxx
-----------------
Name: Xxxxxx X. Xxx
Title: Executive Vice President and Manager
Signature Page to
Amendment No. 2 to Credit Agreement
BANK OF AMERICA, N.A.,
as Administrative Agent
By: /s/ Xxxxx Xxxxxx
-------------------
Name: Xxxxx Xxxxxx
Title: Principal
Signature Page to
Amendment No. 2 to Credit Agreement
ARCHIMEDES FUNDING III, LTD.
By: ING Capital Advisors LLC,
as Collateral Manager
By: /s/ Xxxxxxxx Xxxxx
---------------------
Name: Xxxxxxxx Xxxxx
Title: Vice President
ARCHIMEDES FUNDING IV (CAYMAN), LTD.
By: ING Capital Advisors LLC,
as Collateral Manager
By: /s/ Xxxxxxxx Xxxxx
---------------------
Name: Xxxxxxxx Xxxxx
Title: Vice President
NEMEAN CLO, LTD.
By: ING Capital Advisors LLC,
as Investment Manager
By: /s/ Xxxxxxxx Xxxxx
---------------------
Name: Xxxxxxxx Xxxxx
Title: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
SEQUILS-ING I (HBDGM), LTD.
By: ING Capital Advisors LLC,
as Collateral Manager
By: /s/ Xxxxxxxx Xxxxx
---------------------
Name: Xxxxxxxx Xxxxx
Title: Vice President
SWISS LIFE US RAINBOW LIMITED
By: ING Capital Advisors LLC,
as Investment Manager
By: /s/ Xxxxxxxx Xxxxx
---------------------
Name: Xxxxxxxx Xxxxx
Title: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
BALANCED HIGH-YIELD FUND II, LTD.
By: ING Capital Advisors LLC,
as Asset Manager
By: /s/ Xxxxxxxx Xxxxx
---------------------
Name: Xxxxxxxx Xxxxx
Title: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
BANK OF AMERICA, N.A.,
individually in its capacity as a Lender
By: /s/ Xxxxx Xxxxxx
-------------------
Name: Xxxxx Xxxxxx
Title: Principal
Signature Page to
Amendment No. 2 to Credit Agreement
THE CHASE MANHATTAN BANK,
as Lender
By: /s/ Xxxx Xxx Xxx
---------------------
Name: Xxxx Xxx Xxx
Title: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
BANK OF OKLAHOMA,
as Lender
By: /s/ Xxxxxxx Xxxxxxxx
---------------------------------
Name: Xxxxxxx Xxxxxxxx
Title: Commercial Lending Officer
Signature Page to
Amendment No. 2 to Credit Agreement
CITICORP USA, INC., as Lender and Documentation Agent
By: /s/ Xxxxx X. XxXxxxxx
------------------------
Name: Xxxxx X. XxXxxxxx
Title: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
CONTINENTAL CASUALTY COMPANY,
as Lender
By: /s/ Xxxxxxx X. Xxxxxxxx
--------------------------
Name: Xxxxxxx X. Xxxxxxxx
Title: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
FIRST UNION NATIONAL BANK, as Lender
By: /s/ Xxxxxxxx X. Xxxxxxx
--------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
FLEET NATIONAL BANK, as Lender
By: /s/ Xxxxxxx X. Xxxxx
-----------------------
Name: Xxxxxxx X. Xxxxx
Title: Director
Signature Page to
Amendment No. 2 to Credit Agreement
HARCH CLO I, LTD., as Lender
By: /s/ Xxxxxxx X. Xxxxxx
---------------------------
Name: Xxxxxxx X. Xxxxxx
Title: Authorized Signatory
Signature Page to
Amendment No. 2 to Credit Agreement
INDOSUEZ CAPITAL FUNDING IIA, LIMITED
By: Indosuez Capital as Portfolio Advisor
By: /s/ Xxxxxxx Xxxxxx
------------------
Name: Xxxxxxx Xxxxxx
Title: Vice President
INDOSUEZ CAPITAL FUNDING IV, L.P.
By: Indosuez Capital as Portfolio Advisor
By: /s/ Xxxxxxx Xxxxxx
---------------------
Name: Xxxxxxx Xxxxxx
Title: Vice President
INDOSUEZ CAPITAL FUNDING IV, LIMITED
By: Indosuez Capital as Collateral Manager
By: /s/ Xxxxxxx Xxxxxx
---------------------
Name: Xxxxxxx Xxxxxx
Title: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
KZH CNC LLC, as Lender
By: /s/ Xxxxx Xxx
-----------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH CRESCENT LLC, as Lender
By: /s/ Xxxxx Xxx
-----------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH CRESCENT-3 LLC, as Lender
By: /s/ Xxxxx Xxx
-----------------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH CYPRESS TREE-1 LLC, as Lender
By: /s/ Xxxxx Xxx
----------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH ING-1 LLC, as Lender
By: /s/ Xxxxx Xxx
----------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH ING-2 LLC, as Lender
By: /s/ Xxxxx Xxx
------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH ING-3 LLC, as Lender
By: /s/ Xxxxx Xxx
-----------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH LANGDALE LLC, as Lender
By: /s/ Xxxxx Xxx
------------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH PONDVIEW LLC, as Lender
By: /s/ Xxxxx Xxx
---------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH RIVERSIDE LLC, as Lender
By: /s/ Xxxxx Xxx
--------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH SHOSHONE LLC, as Lender
By: /s/ Xxxxx Xxx
-----------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH SOLEIL LLC, as Lender
By: /s/ Xxxxx Xxx
-----------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH SOLEIL-2 LLC, as Lender
By: /s/ Xxxxx Xxx
----------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH STERLING LLC, as Lender
By: /s/ Xxxxx Xxx
-------------------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
KZH WATERSIDE LLC, as Lender
By: /s/ Xxxxx Xxx
-----------------------------------
Name: Xxxxx Xxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
LIBERTY - XXXXX XXX ADVISOR FLOATING RATE
ADVANTAGE FUND
By: Xxxxx Xxx & Farnham Incorporated, as Advisor
By: /s/ Xxxxx X. Xxxxxxx
-------------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Sr. Vice President & Portfolio Manager
Signature Page to
Amendment No. 2 to Credit Agreement
XXXXXXX XXXXX CAPITAL CORPORATION,
individually in its capacity as a Lender
By: /s/ Xxxxx X.X. Xxxxxx
--------------------------------------
Name: Xxxxx X.X. Xxxxxx
Title: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
MUIRFIELD TRADING LLC, as Lender
By: /s/ Xxx X. Xxxxxx
-------------------------------------
Name: Xxx X. Xxxxxx
Title: Assist. Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
OCTAGON INVESTMENT PARTNERS III, LTD.
By: Octagon Credit Investors, LLC,
as Portfolio Manager, as Lender
By: /s/ Xxxxxx X. Xxxxxx
-------------------------------------
Name: Xxxxxx X. Xxxxxx
Title: Portfolio Manager
Signature Page to
Amendment No. 2 to Credit Agreement
OCTAGON INVESTMENT PARTNERS IV, LTD.
By: Octagon Credit Investors, LLC,
as Collateral Manager, as Lender
By: /s/ Xxxxxx X. Xxxxxx
-------------------------------------
Name: Xxxxxx X. Xxxxxx
Title: Portfolio Manager
Signature Page to
Amendment No. 2 to Credit Agreement
OCTAGON INVESTMENT PARTNERS II, LTD.
By: Octagon Credit Investors, LLC,
as Sub-investment Manager, as Lender
By: /s/ Xxxxxx X. Xxxxxx
-------------------------------------
Name: Xxxxxx X. Xxxxxx
Title: Portfolio Manager
Signature Page to
Amendment No. 2 to Credit Agreement
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: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
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: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
OAK HILL CREDIT PARTNERS I, LIMITED
By: Oak Hill CLO Management, LLC, its
Investment Manager
By: /s/ Xxxxx X. Xxxxx
-----------------------------------
Name: Xxxxx X. Xxxxx
Title: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
OLYMPIC FUNDING TRUST, SERIES 1999-1, as Lender
By: /s/ Xxx X. Xxxxxx
-----------------------------------------
Name: Xxx X. Xxxxxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
PINEHURST TRADING, INC., as Lender
By: /s/ Xxx X. Xxxxxx
-------------------------------------
Name: Xxx X. Xxxxxx
Title: Assistant Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
RIVIERA FUNDING, LLC, as Lender
By: /s/ Xxx X. Xxxxxx
-------------------------------------
Name: Xxx X. Xxxxxx
Title: Assistant Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
SANKATY ADVISORS, INC., as Collateral Manager for
Xxxxx Point CBO 1999-1, LTD., as Term Lender
By: /s/ Xxxxx X. Xxxxx
------------------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
Signature Page to
Amendment No. 2 to Credit Agreement
SANKATY ADVISORS, LLC, as Collateral Manager for
Great Point CLO 1999-1 LTD., as Term Lender
By: /s/ Xxxxx X. Xxxxx
-------------------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
Signature Page to
Amendment No. 2 to Credit Agreement
SANKATY HIGH YIELD PARTNERS II, L.P.
By: /s/ Xxxxx X. Xxxxx
-----------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
Signature Page to
Amendment No. 2 to Credit Agreement
SANKATY HIGH YIELD PARTNERS III, L.P.
By: /s/ Xxxxx X. Xxxxx
-------------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
Signature Page to
Amendment No. 2 to Credit Agreement
SCOTIA BANC INC., as Lender
By: /s/ X.X. Xxxxx
-----------------------------
Name: X.X. Xxxxx
Title: Managing Director
Signature Page to
Amendment No. 2 to Credit Agreement
LENDER
------
SEQUILS IV, LTD.
By: TCW Advisors, Inc., as its Collateral Manager
By: /s/ Xxxx X. Gold
-----------------------------------------
Name: Xxxx X. Gold
Title: Managing Director
By: /s/ Xxxxxxxx X. Xxxx
-----------------------------------------
Name: Xxxxxxxx X. Xxxx
Title: Assistant Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
XXXXXXX FLOATING RATE FUND, as Lender
By: /s/ Xxxxxxx Xxxxx
-----------------------------------
Name: Xxxxxxx Xxxxx
Title: Senior Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
XXXXX XXX & XXXXXXX CLO I Ltd.
By: Xxxxx Xxx & Farnham Incorporated, as Portfolio Manager
By: /s/ Xxxxx X. Xxxxxxx
--------------------
Name: Xxxxx X. Xxxxxxx
Title: Sr. Vice President and Portfolio Manager
Signature Page to
Amendment No. 2 to Credit Agreement
XXXXX XXX FLOATING RATE LIMITED LIABILITY
COMPANY
By: /s/ Xxxxx X. Xxxxxxx
-------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Senior Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
SUNTRUST BANK, as Lender
By: /s/ Xxxx X. Xxxxxxx
----------------------------------
Name: Xxxx X. Xxxxxxx
Title: Director
Signature Page to
Amendment No. 2 to Credit Agreement
TEXTRON FINANCIAL CORPORATION, as Lender
By: /s/ Xxxxxx X. Xxxxxxxx
------------------------------------
Name: Xxxxxx X. Xxxxxxxx
Title: Managing Director
Signature Page to
Amendment No. 2 to Credit Agreement
LENDER
------
TCW SELECT LOAN FUND, LIMITED
By: TCW Advisors, Inc., as its Collateral Manager
By: /s/ Xxxx X. Gold
-------------------------------------------
Name: Xxxx X. Gold
Title: Managing Director
By: /s/ Xxxxxxxx X. Xxxx
------------------------------------------
Name: Xxxxxxxx X. Xxxx
Title: Assistant Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
TORONTO DOMINION (NEW YORK) INC.
By: /s/ Xxxx Xxxxxxxx
-------------------------------------
Name: Xxxx Xxxxxxxx
Title: Vice President
Signature Page to
Amendment No. 2 to Credit Agreement
WINGED FOOT FUNDING TRUST, as Lender
By: /s/ Xxxx X. Xxxxxx
---------------------------------
Name: Xxxx X. Xxxxxx
Title: Authorized Agent
Signature Page to
Amendment No. 2 to Credit Agreement
UBS AG, STAMFORD BRANCH, as Lender
By: /s/ Xxxxxx Xxxxxxxx
-------------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Director
By: /s/ Xxxxxxx X. Xxxxx
-------------------------------------
Name: Xxxxxxx X. Xxxxx
Title: Director
Signature Page to
Amendment No. 2 to Credit Agreement
