CONSENT
Exhibit 10.1.1.3
CONSENT, dated as of June 28, 2006 (this “Consent”), under the Amended and Restated Revolving Credit, Term Loan and Guarantee Agreement, dated as of February 23, 2006 (as heretofore amended, supplemented or otherwise modified, the “Credit Agreement”), among (i) CALPINE CORPORATION (the “Borrower”), (ii) the subsidiaries of the Borrower named therein (the “Guarantors”), (iii) CREDIT SUISSE SECURITIES (USA) LLCand DEUTSCHE BANK SECURITIES INC. (“DBSI”), as joint syndication agents (in such capacities, collectively, the “Syndication Agents”), (iv) DEUTSCHE BANK TRUST COMPANY AMERICAS (“DB”), as administrative agent for the First Priority Lenders hereunder (in such capacity and including any successors, the “First Priority Agent”), (v) GENERAL ELECTRIC CAPITAL CORPORATION (including its successors, “GE Capital”), as Sub-Agent for the Revolving Lenders hereunder (in such capacity and including any successors, the “Sub-Agent”), (vi) CREDIT SUISSE (“CS”), as administrative agent for the Second Priority Term Lenders hereunder (in such capacity and including any successors, the “Second Priority Agent”), (vii) LANDESBANK HESSEN THÜRINGEN GIROZENTRALE, NEW YORK BRANCH, GE CAPITAL and HSH NORDBANK AG, NEW YORK BRANCH, as joint documentation agents for the First Priority Lenders hereunder, and BAYERISCHE LANDESBANK, GE CAPITAL and UNION BANK OF CALIFORNIA, N.A., as joint documentation agents for the Second Priority Lenders hereunder (in such capacities and including any successors, collectively, the “Documentation Agents”), and (viii) each of the financial institutions from time to time party hereto (collectively, the “Lenders”).
W I T N E S S E T H :
WHEREAS, the Borrower, the Lenders and the Agents are parties to the Credit Agreement;
WHEREAS, the Borrower has entered into the Settlement Agreement, dated as of June 14, 2006 between, the Borrower, South Point Energy Center, LLC (“South Point”), Broad River Energy, LLC (“Broad River”), on the one hand, and Broad River OL-1, LLC, Broad River XX-0, XXX, Xxxxx Xxxxx XX-0, LLC and Broad River OL-4, LLC (collectively the “Broad River Owner Lessors”), South Point XX-0, XXX, Xxxxx Xxxxx XX-0, XXX, Xxxxx Xxxxx XX-0, LLC and South Point OL-4, LLC, and SBR OP-1, LLC, SBR OP-2, LLC, SBR OP-3, LLC and SBR OP-4, LLC, on the other hand, pursuant to which (a) the parties have agreed to amendcertain contracts and leases related to the Broad River facilities and South Point facilities, (b) Broad River and South Point have agreed to assume certain contracts and leases relating to the Broad River and South Point facilities, and (c) Broad River has agreed, subject to obtaining this consent, to grant to the Broad River Owner Lessors a temporary Lien on, and subsequently assigning to the Broad River Owner Lessors, the Power Purchase Agreements dated December 31, 1998 and July 7, 2000, respectively, between Broad River and Carolina Power and Light Company (the “PPA Assignments”);
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WHEREAS, the Borrower has requested that the Lenders agree to consent under the Credit Agreement to the PPA Assignments; and
WHEREAS, the Lenders have agreed to such requested consent, but only upon the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual agreements contained herein, and for other valuable consideration the receipt of which is hereby acknowledged, the Borrower, the Lenders and the Administrative Agents hereby agree as follows:
SECTION 1. DEFINITIONS. Unless otherwise defined herein, capitalized terms are used herein as defined in the Credit Agreement.
SECTION 2. CONSENT. Effective upon entry by the Bankruptcy Court on the docket in the Cases of a final, non-appealable order or orders of the Bankruptcy Court, in each case, in form and substance reasonably acceptable to the Administrative Agents, approving the Settlement Agreement (the “Approval Order”), the Lenders hereby consent to the PPA Assignment pursuant to the Settlement Agreement as approved by the Approval Order.
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SECTION 3. |
CONDITIONS PRECEDENT. |
3.1 Effective Date. This Consent shall become effective as of the date first set forth above (the “Effective Date”) following the date on which all of the following conditions have been satisfied or waived:
(a) Execution and Delivery. The Administrative Agents shall have received counterparts of this Consent duly executed by (A) the Borrower and the Guarantors and (B) the Required Lenders; and
(b) No Default. After giving effect to this Consent, there shall be no Default or Event of Default.
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SECTION 4. |
GENERAL. |
4.1 Representations and Warranties. In order to induce the Administrative Agents and the Lenders to enter into this Consent, the Borrower hereby represents and warrants to the Administrative Agents and the Lenders that after giving effect to this Consent, the representations and warranties of the Borrower contained in the Credit Agreement and the other Loan Documents are true and correct in all material respects on and as of the Effective Date (after giving effect hereto) as if made on and as of the Effective Date (except where such representations and warranties expressly relate to an earlier date in which case such representations and warranties were true and correct in all material respects as of such earlier date); provided that all references to the “Credit Agreement” in any Loan Document shall be and are deemed to mean the Credit Agreement as modified hereby.
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4.2 |
Loan Document. This Consent constitutes a Loan Document. |
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4.3 GOVERNING LAW. THIS CONSENT, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS CONSENT, SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK AND, TO THE EXTENT APPLICABLE, THE BANKRUPTCY CODE.
4.4 Counterparts. This Consent may be executed by the parties hereto in any number of separate counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument.
4.5 Consent of Guarantors. Each of the Guarantors hereby consents to the modifications to the Credit Agreement contemplated hereby.
4.6 Successors and Assigns. This Consent shall be binding upon and inure to the benefit of the Borrower and the Guarantors and each of their respective successors and assigns, and upon the Administrative Agents and the Lenders and their successors and assigns.The execution and delivery of this Consent by any Lender prior to the Effective Date shall be binding upon its successors and assigns and shall be effective as to any loans or commitments assigned to it after such execution and delivery.
4.7 Limited Effect. Except as expressly modified by this Consent, the Credit Agreement and the other Loan Documents are ratified and confirmed and are, and shall continue to be, in full force and effect in accordance with their respective terms. Each Loan Party acknowledges and agrees that such Loan Party is truly and justly indebted to the Lenders and the Administrative Agents for the Obligations, without defense, counterclaim or offset of any kind, and such Loan Party ratifies and reaffirms the validity, enforceability and binding nature of such Obligations. The Borrower acknowledges and agrees that nothing in this Consent shall constitute an indication of the Lenders’ willingness to consent to any other amendment, waiver or other modification of any other provision of the Credit Agreement or a waiver of any Default or Event of Default not referenced in this Consent or for any other time period.
4.8 Headings. Section headings used in this Consent are for convenience of reference only, are not part of this Consent and are not to affect the constructions of, or to be taken into consideration in interpreting, this Consent.
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IN WITNESS WHEREOF, the parties hereto have caused this Consent to be executed and delivered by their respective duly authorized officers as of the date first above written.
BORROWER:
CALPINE CORPORATION
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By: |
/s/ Xxxxxx X. Xxxxxxx | |||||
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Name: |
Xxxxxx X. Xxxxxxx |
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Title: |
Executive Vice President |
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IN WITNESS WHEREOF, the parties hereto have caused this Consent to be executed and delivered by their respective duly authorized officers as of the date first above written.
BORROWER:
CALPINE CORPORATION
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By: |
/s/ Xxxxxx X. Xxxxxxx | |||||
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Name: |
Xxxxxx X. Xxxxxxx |
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Title: |
Executive Vice President |
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GUARANTORS:
XXXXXX ENERGY CENTER, LP
ANACAPA LAND COMPANY, LLC
XXXXXXXX SPRINGS ENERGY COMPANY
ANDROSCOGGIN ENERGY, INC.
AUBURNDALE PEAKER ENERGY CENTER, LLC
AUGUSTA DEVELOPMENT COMPANY, LLC
AVIATION FUNDING CORP.
BAYTOWN ENERGY CENTER, LP
BAYTOWN POWER GP, LLC
BAYTOWN POWER, LP
BELLINGHAM COGEN, INC.
BETHPAGE FUEL MANAGEMENT INC.
BLUE HERON ENERGY CENTER, LLC
BLUE SPRUCE HOLDINGS, LLC
BROAD RIVER ENERGY LLC
BROAD RIVER HOLDINGS, LLC
CALGEN EQUIPMENT FINANCE COMPANY, LLC
CALGEN EQUIPMENT FINANCE HOLDINGS, LLC
CALGEN EXPANSION COMPANY, LLC
CALGEN FINANCE CORPORATION
CALGEN PROJECT EQUIPMENT FINANCE
COMPANY ONE, LLC
CALGEN PROJECT EQUIPMENT FINANCE
COMPANY THREE, LLC
CALGEN PROJECT EQUIPMENT FINANCE
COMPANY TWO, LLC
CALPINE ACADIA HOLDINGS, LLC
CALPINE ADMINISTRATIVE SERVICES COMPANY, INC.
CALPINE AGNEWS, INC.
CALPINE XXXXXX ENERGY CENTER GP, LLC
CALPINE XXXXXX ENERGY CENTER LP, LLC
CALPINE AUBURNDALE HOLDINGS, LLC
CALPINE BAYTOWN ENERGY CENTER GP, LLC
CALPINE BAYTOWN ENERGY CENTER LP, LLC
CALPINE BETHPAGE 3 PIPELINE CONSTRUCTION
COMPANY, INC.
CALPINE BETHPAGE 3, LLC
CALPINE C*POWER, INC.
CALPINE CALGEN HOLDINGS, INC.
CALPINE CALIFORNIA DEVELOPMENT COMPANY, LLC
CALPINE CALIFORNIA ENERGY FINANCE, LLC
CALPINE CALIFORNIA EQUIPMENT FINANCE
COMPANY, LLC
CALPINE CALISTOGA HOLDINGS, LLC
CALPINE CENTRAL TEXAS GP, INC.
CALPINE CENTRAL, INC.
CALPINE CENTRAL, L.P.
CALPINE CENTRAL-TEXAS, INC.
CALPINE CHANNEL ENERGY CENTER GP, LLC
CALPINE CHANNEL ENERGY CENTER LP, LLC
CALPINE CLEAR LAKE ENERGY GP, LLC
CALPINE CLEAR LAKE ENERGY, LP
CALPINE COGENERATION CORPORATION
CALPINE CORPUS CHRISTI ENERGY GP, LLC
CALPINE CORPUS CHRISTI ENERGY, LP
CALPINE DECATUR PIPELINE, INC.
CALPINE DECATUR PIPELINE, L.P.
CALPINE DIGHTON, INC.
CALPINE EAST FUELS, INC.
CALPINE EASTERN CORPORATION
CALPINE ENERGY SERVICES HOLDINGS, INC.
CALPINE FINANCE COMPANY
CALPINE FREESTONE ENERGY GP, LLC
CALPINE FREESTONE ENERGY, LP
CALPINE FREESTONE, LLC
CALPINE FUELS CORPORATION
CALPINE GAS HOLDINGS, LLC
CALPINE GENERATING COMPANY, LLC
CALPINE GEYSERS COMPANY, L.P.
CALPINE GILROY 1, INC.
CALPINE GILROY 2, INC.
CALPINE GILROY COGEN, L.P.
CALPINE GLOBAL SERVICES COMPANY, INC.
CALPIRIE GORDONSVILLE GP HOLDINGS, LLC
CALPINE GORDONSVILLE LP HOLDINGS, LLC
CALPINE GORDONSVILLE, LLC
CALPINE XXXXXXXXX HOLDINGS, INC.
CALPINE XXXXXXXXX, INC.
CALPINE XXXXXXX DESIGN, L.P.
CALPINE XXXXXXX ENERGY CENTER, L.P.
CALPINE XXXXXXX HOLDINGS, INC.
CALIPNE XXXXXXX POWER GP, LLC
CALPINE XXXXXXX POWER, LP
CALPINE XXXXXXX, INC.
CALPINE INTERNATIONAL HOLDINGS, INC.
CALPINE INTERNATIONAL, LLC
CALPINE INVESTMENT HOLDINGS, LLC
CALPINE XXXXXXX AIRPORT, INC.
CALPINE XXXXXXX OPERATORS INC.
Guarantors - Consent
CALPINE KIA, INC.
CALPINE LEASING INC.
CALPINE LONG ISLAND, INC.
CALPINE LOST PINES OPERATIONS, INC.
CALPINE LOUISIANA PIPELINE COMPANY
CALPINE MAGIC VALLEY PIPELINE, INC.
CALPINE MONTEREY COGENERATION, INC.
CALPINE MVP, INC.
CALPINE NCTP GP, LLC
CALPINE NCTP, LP
CALPINE NORTHBROOK CORPORATION OF MAINE, INC.
CALPINE NORTHBROOK ENERGY HOLDING, LLC
CALPINE NORTHBROOK ENERGY, LLC
CALPINE NORTHBROOK HOLDINGS CORPORATION
CALPINE NORTHBROOK INVESTORS, LLC
CALPINE NORTHBROOK PROJECT HOLDINGS, LLC
CALPINE NORTHBROOK SERVICES, LLC
CALPINE NORTHBROOK SOUTHCOAST INVESTORS, LLC
CALPINE NTC, LP
CALPINE XXXXX POWER I, LLC
CALPINE XXXXX POWER II LLC
CALPINE XXXXX POWER, L.P.
CALPINE OPERATIONS MANAGEMENT COMPANY, INC.
CALPINE PASTORIA HOLDINGS, LLC
CALPINE PHILADELPHIA, INC.
CALPINE PITTSBURG, LLC
CALPINE POWER COMPANY
CALPINE POWER EQUIPMENT LP
CALPINE POWER MANAGEMENT, INC.
CALPINE POWER MANAGEMENT, LP
CALPINE POWER, INC.
CALPINE POWERAMERICA, INC.
CALPINE POWERAMERICA - CA, LLC
CALPINE POWERAMERICA - CT, LLC
CALPINE POWERAMERICA - MA, LLC
CALPINE POWERAMERICA - ME, LLC
CALPINE POWERAMERICA - NH, LLC
CALPINE POWERAMERICA - NY, LLC
CALPINE POWERAMERICA - OR, LLC
CALPINE POWERAMERICA, LP
CALPINE PROJECT HOLDINGS, INC.
CALPINE XXXXX, INC.
CALPINE RUMFORD I, INC.
CALPINE RUMFORD, INC.
CALPINE SCHUYLKILL, INC.
CALPINE SISKIYOU GEOTHERMAL PARTNERS, L.P.
Guarantors - Consent
CALPINE SONORAN PIPELINE LLC
CALPINE STONY BROOK, INC.
CALPINE STONY BROOK OPERATORS, INC.
CALPINE STONY BROOK POWER MARKETING, LLC
CALPINE SUMAS, INC.
CALPINE TCCL HOLDINGS, INC.
CALPINE TEXAS PIPELINE GP, INC.
CALPINE TEXAS PIPELINE LP, INC.
CALPINE TEXAS PIPELINE, L.P.
CALPINE TIVERTON 1, INC.
CALPINE TIVERTON, INC.
CALPINE ULC I HOLDING, LLC
CALPINE UNIVERSITY POWER, INC.
CALPINE UNRESTRICTED FUNDING, LLC
CALPINE UNRESTRICTED HOLDINGS, LLC
CALPINE VAPOR, INC.
XXXXXXXX ENERGY LLC
CCFC DEVELOPMENT COMPANY, LLC
CCFC EQUIPMENT FINANCE COMPANY, LLC
CCFC PROJECT EQUIPMENT FINANCE COMPANY
ONE, LLC
CES GP, LLC
CGC DIGHTON, LLC
CHANNEL ENERGY CENTER, LP
CHANNEL POWER GP, LLC
CHANNEL POWER, LP
CLEAR LAKE COGENERATION LIMITED PARTNERSHIP
COGENAMERICA ASIA INC.
COGENAMERICA XXXXXX SUPPLY CORP.
COLUMBIA ENERGY LLC
CORPUS CHRISTI COGENERATION L.P.
CPN 3RD TURBINE, INC.
CPN ACADIA, INC.
CPN BERKS GENERATION, INC.
CPN BERKS, LLC
CPN BETHPAGE 3RD TURBINE, INC.
CPN CASCADE, INC.
CPN CLEAR LAKE, INC.
CPN DECATUR PIPELINE, INC.
CPN ENERGY SERVICES LP, INC.
CPN FREESTONE, LLC
CPN FUNDING, INC.
CPN XXXXXX, INC.
CPN OXFORD, INC.
CPN PIPELINE COMPANY
CPN PLEASANT HILL OPERATING, LLC
Guarantors - Consent
CPN PLEASANT HILL, LLC
CPN POWER SERVICES GP, LLC
CPN POWER SERVICES, LP
CPN XXXXX FUNDING CORPORATION
CPN TELEPHONE FLAT, INC.
DECATUR ENERGY CENTER, LLC
DEER PARK POWER GP, LLC
DEER PARK POWER, LP
DELTA ENERGY CENTER, LLC
DIGHTON POWER ASSOCIATES LIMITED PARTNERSHIP
EAST ALTAMONT ENERGY CENTER, LLC
FOND DU LAC ENERGY CENTER, LLC
FONTANA ENERGY CENTER, LLC
FREESTONE POWER GENERATION, LP
GEC BETHPAGE INC.
GEOTHERMAL ENERGY PARTNERS LTD.
GEYSERS POWER COMPANY II, LLC
GEYSERS POWER COMPANY, LLC
GEYSERS POWER I COMPANY
GOLDENDALE ENERGY CENTER, LLC
XXXXXXX ENERGY LLC
HILLABEE ENERGY CENTER, LLC
IDELWILD FUEL MANAGEMENT CORP.
JMC BETHPAGE, INC.
KIAC PARTNERS
LAKE WALES ENERGY CENTER, LLC
XXXXXXXX ENERGY CENTER, LLC
LONE OAK ENERGY CENTER, LLC
LOS ESTEROS CRITICAL ENERGY FACILITY, LLC
LOS MEDANOS ENERGY CENTER LLC
MAGIC VALLEY GAS PIPELINE GP, LLC
MAGIC VALLEY GAS PIPELINE, LP
MAGIC VALLEY PIPELINE, L.P.
MEP PLEASANT HILL, LLC
MOAPA ENERGY CENTER, LLC
MOBILE ENERGY LLC
MODOC POWER, INC.
XXXXXX ENERGY CENTER, LLC
MOUNT XXXXXXX GEOTHERMAL COMPANY, L.P.
MT. XXXXXX ENERGY LLC
NISSEQUOGUE COGEN PARTNERS
NORTHWEST COGENERATION, INC.
NTC FIVE, INC.
NTC GP, LLC
NUECES BAY ENERGY LLC
O.L.S. ENERGY-AGNEWS, INC.
Guarantors - Consent
ODYSSEY LAND ACQUISITION COMPANY
PAJARO ENERGY CENTER, LLC
PASTORIA ENERGY CENTER, LLC
PASTORIA ENERGY FACILITY, LLC
PHILADELPHIA BIOGAS SUPPLY, INC.
XXXXXX BEND ENERGY CENTER, LLC
PINE BLUFF ENERGY, LLC
POWER INVESTORS, L.L.C.
XXXXXXXX CANADA HOLDINGS, LLC
ROCKGEN ENERGY LLC
RUMFORD POWER ASSOCIATES LIMITED PARTNERSHIP
XXXXXXX CITY ENERGY CENTER, LLC
SAN XXXXXXX VALLEY ENERGY CENTER, LLC
SILVERADO GEOTHERMAL RESOURCES, INC.
SKIPANON NATURAL GAS, LLC
SOUTH POINT ENERGY CENTER, LLC
SOUTH POINT HOLDINGS, LLC
STONY BROOK COGENERATION, INC.
STONY BROOK FUEL MANAGEMENT CORP.
XXXXXX DRYERS, INC.
TBG COGEN PARTNERS
TEXAS CITY COGENERATION, L.P.
TEXAS COGENERATION COMPANY
TEXAS COGENERATION FIVE, INC.
TEXAS COGENERATION ONE COMPANY
THERMAL POWER COMPANY
TIVERTON POWER ASSOCIATES LIMITED PARTNERSHIP
TOWANTIC ENERGY, L.L.C.
VEC HOLDINGS, LLC
VENTURE ACQUISITION COMPANY
VINEYARD ENERGY CENTER, LLC
WAWAYANDA ENERGY CENTER, LLC
WHATCOM COGENERATION PARTNERS, L.P.
ZION ENERGY LLC
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By: |
/s/ Xxxxxx X. Xxxxxxx | |||||
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Name: |
Xxxxxx X. Xxxxxxx |
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Title: |
Vice President |
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Guarantors - Consent
AGENTS AND LENDERS:
DEUTSCHE BANK TRUST
COMPANY AMERICAS, as an
Administrative Agent and as a
Lender
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By: |
/s/ Xxxxxx X. Xxxxxxxxxx | |||
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Name: |
Xxxxxx X. Xxxxxxxxxx |
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Title: |
Director |
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By: |
/s/ Xxxx X’Xxxxx | |||
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Name: |
Xxxx X’Xxxxx |
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Title: |
Vice President |
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< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
FIRST LIEN
NAME OF INSTITUTION:
CREDIT SUISSE, CAYMAN ISLANDS BRANCH
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By: |
/s/ Xxxx X. Xxxxx | |||
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Name: |
Xxxx X. Xxxxx |
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Title: |
Managing Director |
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By: |
/s/ Xxxxxxx X. Xxxxxxxxxx | ||||
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Name: |
Xxxxxxx X. Xxxxxxxxxx |
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Title: |
Vice President |
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SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
FIRST AND SECOND LIEN
NAME OF INSTITUTION:
CREDIT SUISSE CAPITAL LLC
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By: |
/s/ Xxxxxxx X. Xxxxxxxxxx | ||||
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Name: |
Xxxxxxx X. Xxxxxxxxxx |
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Title: |
Vice President |
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< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
General Electric Capital Corporation
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By: |
/s/Xxx Xxxxx Mirza | |||
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Name: |
Xxx Xxxxx Mirza |
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Title: |
Duly Authorized Signatory |
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SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
LANDESBANK HESSEN-THÜRINGEN
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By: |
/s/ Xxxxx X. Xxxx | ||||||||
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Name: |
Xxxxx X. Xxxx |
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Title: |
Vice President |
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Corporate Finance Division |
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Structured Finance Dept. |
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By: |
/s/ Xxxxx X. Xxxxx | ||||||
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Name: |
Xxxxx X. Xxxxx |
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Title: |
Senior Vice President |
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Manager, Corporate Finance |
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Corporate Finance Division |
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SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Union Bank of California, N.A.
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By: |
/s/ Xxxxx Read | |||||
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Name: |
Xxxxx Read |
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Title: |
Vice President |
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< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
TRICAP MANAGEMENT LIMITED
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By: |
/s/ Xxxxx Xxxxx | |||||
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Name: |
Xxxxx Xxxxx |
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Title: |
Vice President |
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SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Xxxxxxxxxxx Senior Floating Rate Fund
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By: |
/s/ Xxxxx Xxxxxx | |||
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Name: |
Xxxxx Xxxxxx |
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Title: |
Manager |
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< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
HarbourView 2006-1, Ltd.
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By: |
/s/ Xxxxx Xxxxxx | |||
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Name: |
Xxxxx Xxxxxx |
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Title: |
Manager |
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SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
BEAR XXXXXXX CREDIT PRODUCTS INC.
|
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By: |
/s/ Xxxxxxx Xxxx | |||
|
|
Name: |
Xxxxxxx Xxxx |
| ||
|
|
Title: |
Authorized Signatory |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Erste Bank der Oesterreichischen Sparkassen AG
|
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By: |
/s/ Xxxxxxx X. Xxxxxx | |||
|
|
Name: |
Xxxxxxx X. Xxxxxx |
| ||
|
|
Title: |
Director |
| ||
|
|
By: |
/s/ Xxxx Xxx | |||
|
|
Name: |
Xxxx Xxx |
| ||
|
|
Title: |
Director |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Fortress Credit Investments I, LTD.
|
|
By: |
/s/ Xxxxx X. Xxxxxxx | |||||
|
|
Name: |
Xxxxx X. Xxxxxxx |
| ||||
|
|
Title: |
Chief Financial Officer |
| ||||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Fortress Credit Investments II, LTD.
|
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By: |
/s/ Xxxxx X. Xxxxxxx | |||||
|
|
Name: |
Xxxxx X. Xxxxxxx |
| ||||
|
|
Title: |
Chief Financial Officer |
| ||||
CALPINE DIP – 2ND LIEN
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Taconic Capital Partners 1.5 LP
by Taconic Capital Advisors LLC, as Investment Advisor
|
|
By: |
/s/ Xxxxxxxxxxx XxXxxx | |||||
|
|
Name: |
Xxxxxxxxxxx XxXxxx |
| ||||
|
|
Title: |
Principal |
| ||||
< PAGE >
CALPINE DIP – 1ST LIEN
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Taconic Capital Partners 1.5 LP
by Taconic Capital Advisors LLC, as Investment Advisor
|
|
By: |
/s/ Xxxxxxxxxxx XxXxxx | |||||
|
|
Name: |
Xxxxxxxxxxx XxXxxx |
| ||||
|
|
Title: |
Principal |
| ||||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Grand Central Asset Trust, DHM Series
|
|
By: |
/s/ Xxxxx Xxxxxxx | |||
|
|
Name: |
Xxxxx Xxxxxxx |
| ||
|
|
Title: |
As attorney in fact |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
OCM High Yield Plus Fund, L.P.
|
|
By: |
OCM High Yield Plus Fund GP, LLC |
Its: General Partner
|
|
By: |
Oaktree Capital Management, LLC |
Its: Managing Member
|
|
By: |
/s/ Xxxxxxx X. Xxxxxxx | ||||
|
|
Name: |
Xxxxxxx X. Xxxxxxx |
| |||
|
|
Title: |
Managing Director |
| |||
|
|
By: |
/s/ Xxxxxxx Xxxx | ||||
|
|
Name: |
Xxxxxxx Xxxx |
| |||
|
|
Title: |
Senior Vice President |
| |||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Restoration Holdings, LTD
|
|
By: |
/s/ Xxxxx Xxxxx | |||||
|
|
Name: |
Xxxxx Xxxxx |
| ||||
|
|
Title: |
Principal |
| ||||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
HFR DS Restoration Master Trust
|
|
By: |
/s/ Xxxxx Xxxxx | |||
|
|
Name: |
Xxxxx Xxxxx |
| ||
|
|
Title: |
Manager |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
WATERVILLE FUNDING LLC
|
|
By: |
/s/ M. Xxxxxxxx Xxxxxxx | |||
|
|
Name: |
M. Xxxxxxxx Xxxxxxx |
| ||
|
|
Title: |
Assistant Vice President |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
BlueMountain CLO Ltd:
|
|
By: |
/s/ Xxxxxxxx Xxxxx | |||
|
|
Name: |
Xxxxxxxx Xxxxx |
| ||
|
|
Title: |
Associate |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
BlueMountain CLO II Ltd:
|
|
By: |
/s/ Xxxxxxxx Xxxxx | |||
|
|
Name: |
Xxxxxxxx Xxxxx |
| ||
|
|
Title: |
Associate |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Highland Floating Rate Advantage Fund
|
|
By: |
/s/ Mickey Minces | |||
|
|
Name: |
Mickey Minces |
| ||
|
|
Title: |
Compliance Officer |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Highland Floating Rate LLC
|
|
By: |
/s/ Mickey Minces | |||
|
|
Name: |
Mickey Minces |
| ||
|
|
Title: |
Compliance Officer |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Highland Legacy Limited
|
|
By: |
Highland Capital Management, L.P., |
As Collateral Manager
|
|
By: |
Strand Advisors, Inc., Its General Partner |
|
|
By: |
/s/ J. Xxxxx Xxxxxxxx | |||||||
|
|
Name: |
J. Xxxxx Xxxxxxxx |
| ||||||
|
|
Title: |
Officer |
| ||||||
|
|
Highland Capital Management, L.P. |
| |||||||
|
|
By: the General Partner, |
| |||||||
|
|
Strand Advisors, Inc. |
| |||||||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Loan Funding IV LLC
|
|
By: |
Highland Capital Management, L.P., |
As Collateral Manager
|
|
By: |
Strand Advisors, Inc., Its General Partner |
|
|
By: |
/s/ J. Xxxxx Xxxxxxxx | |||||||
|
|
Name: |
J. Xxxxx Xxxxxxxx |
| ||||||
|
|
Title: |
Officer |
| ||||||
|
|
Highland Capital Management, L.P. |
| |||||||
|
|
By: the General Partner, |
| |||||||
|
|
Strand Advisors, Inc. |
| |||||||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Loan Funding VII LLC
|
|
By: |
Highland Capital Management, L.P., |
As Collateral Manager
|
|
By: |
Strand Advisors, Inc., Its General Partner |
|
|
By: |
/s/ J. Xxxxx Xxxxxxxx | |||||||
|
|
Name: |
J. Xxxxx Xxxxxxxx |
| ||||||
|
|
Title: |
Officer |
| ||||||
|
|
Highland Capital Management, L.P. |
| |||||||
|
|
By: the General Partner, |
| |||||||
|
|
Strand Advisors, Inc. |
| |||||||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Rockwall CDO LTD.
|
|
By: |
Highland Capital Management, L.P., |
As Collateral Manager
|
|
By: |
Strand Advisors, Inc., Its General Partner |
|
|
By: |
/s/ J. Xxxxx Xxxxxxxx | |||||||
|
|
Name: |
J. Xxxxx Xxxxxxxx |
| ||||||
|
|
Title: |
Officer |
| ||||||
|
|
Highland Capital Management, L.P. |
| |||||||
|
|
By: the General Partner, |
| |||||||
|
|
Strand Advisors, Inc. |
| |||||||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Liberty CLO, Ltd.
|
|
By: |
Highland Capital Management, L.P., |
As Collateral Manager
|
|
By: |
Strand Advisors, Inc., Its General Partner |
|
|
By: |
/s/ J. Xxxxx Xxxxxxxx | |||||||
|
|
Name: |
J. Xxxxx Xxxxxxxx |
| ||||||
|
|
Title: |
Officer |
| ||||||
|
|
Highland Capital Management, L.P. |
| |||||||
|
|
By: the General Partner, |
| |||||||
|
|
Strand Advisors, Inc. |
| |||||||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Sankaty Advisors, LLC as Collateral Manager for Loan
Funding XI LLC, As Term Lender
|
|
By: |
/s/ Xxxxx X. Xxxxxxx III | ||||
|
|
Name: |
Xxxxx X. Xxxxxxx III |
| |||
|
|
Title: |
Managing Director |
| |||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Sankaty Advisors, LLC as Collateral Manager for Castle
Hill III CLO, Limited, as Term Lender
|
|
By: |
/s/ Xxxxx X. Xxxxxxx III | ||||
|
|
Name: |
Xxxxx X. Xxxxxxx III |
| |||
|
|
Title: |
Managing Director |
| |||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Sankaty Advisors, LLC as Collateral Manager for Race
Point III, CLO Ltd., As Term Lender
|
|
By: |
/s/ Xxxxx X. Xxxxxxx III | ||||
|
|
Name: |
Xxxxx X. Xxxxxxx III |
| |||
|
|
Title: |
Managing Director |
| |||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Sankaty Advisors, LLC as Collateral Manager for Race
Point CLO, Limited, As Term Lender
|
|
By: |
/s/ Xxxxx X. Xxxxxxx III | ||||
|
|
Name: |
Xxxxx X. Xxxxxxx III |
| |||
|
|
Title: |
Managing Director |
| |||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Sankaty Advisors, LLC as Collateral Manager for
Prospect Funding I, LLC, As Term Lender
|
|
By: |
/s/ Xxxxx X. Xxxxxxx III | ||||
|
|
Name: |
Xxxxx X. Xxxxxxx III |
| |||
|
|
Title: |
Managing Director |
| |||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Sankaty Advisors, LLC as Collateral Manager for Castle
Hill II – INGOTS, Ltd., as Term Lender
|
|
By: |
/s/ Xxxxx X. Xxxxxxx III | ||||
|
|
Name: |
Xxxxx X. Xxxxxxx III |
| |||
|
|
Title: |
Managing Director |
| |||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Chatham Light II CLO, Limited, by Sankaty Advisors,
LLC, as Collateral Manager
|
|
By: |
/s/ Xxxxx X. Xxxxxxx III | ||||
|
|
Name: |
Xxxxx X. Xxxxxxx III |
| |||
|
|
Title: |
Managing Director |
| |||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Katonah III, Ltd. by Sankaty Advisors LLC as Sub-
Advisors
|
|
By: |
/s/ Xxxxx X. Xxxxxxx III | ||||
|
|
Name: |
Xxxxx X. Xxxxxxx III |
| |||
|
|
Title: |
Managing Director |
| |||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Sankaty High Yield Partners, II, L.P.
|
|
By: |
/s/ Xxxxx X. Xxxxxxx III | ||||
|
|
Name: |
Xxxxx X. Xxxxxxx III |
| |||
|
|
Title: |
Managing Director |
| |||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Sankaty High Yield Partners, III, L.P.
|
|
By: |
/s/ Xxxxx X. Xxxxxxx III | ||||
|
|
Name: |
Xxxxx X. Xxxxxxx III |
| |||
|
|
Title: |
Managing Director |
| |||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
HARBOUR TOWN FUNDING LLC
|
|
By: |
/s/ M. Xxxxxxxx Xxxxxxx | |||
|
|
Name: |
M. Xxxxxxxx Xxxxxxx |
| ||
|
|
Title: |
Assistant Vice President |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
LONG LANE MASTER TRUST IV
|
|
By: |
/s/ M. Xxxxxxxx Xxxxxxx | |||
|
|
Name: |
M. Xxxxxxxx Xxxxxxx |
| ||
|
|
Title: |
Assistant Vice President |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
SKY CBNA LOAN FUNDING
|
|
By: |
/s/ Xxxx Xxxxxxxx | ||||
|
|
Name: |
Xxxx Xxxxxxxx |
| |||
|
|
Title: |
Authorized Signatory |
| |||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Freestyle Special Opportunities Master Fund, Ltd.
|
|
By: |
/s/ Xxxxxx Xxxxxx | |||||||
|
|
Name: |
Xxxxxx Xxxxxx |
| ||||||
|
|
Title: |
Managing Member of Freestyle |
| ||||||
|
|
Fund Services Company LLC, |
| |||||||
|
|
Investment Manager |
| |||||||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
SOL Loan Funding LLC for itself or as
agent for SOL2 Loan Funding LLC
|
|
By: |
/s/ Xxx Xxxxx | |||
|
|
Name: |
Xxx Xxxxx |
| ||
|
|
Title: |
Attorney-in-fact |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
LightPoint CLO 2004-I, Ltd.
Premium Loan Trust I, Ltd.
LightPoint CLO III, Ltd.
LightPoint CLI IV, Ltd.
|
|
By: |
/s/ Xxxxx Xxxxxx | |||
|
|
Name: |
Xxxxx Xxxxxx |
| ||
|
|
Title: |
Director |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
TRS CALLISTO LLC
|
|
By: |
Deutsche Bank AG New York Branch, Its Sole Member | |||
|
|
By: |
DB Services New Jersey, Inc. |
| ||
|
|
By: |
/s/ Xxxxx X. Xxxxxx | ||||
|
|
Name: |
Xxxxx X. Xxxxxx |
| |||
|
|
Title: |
Vice President |
| |||
|
|
By: |
/s/ Xxxxxx Xxxxxxxx | ||||
|
|
Name: |
Xxxxxx Xxxxxxxx |
| |||
|
|
Title: |
Vice President |
| |||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
TRS CALLISTO LLC
|
|
By: |
Deutsche Bank AG New York Branch, Its Sole Member | |||
|
|
By: |
DB Services New Jersey, Inc. |
| ||
|
|
By: |
/s/ Xxxxx X. Xxxxxx | ||||
|
|
Name: |
Xxxxx X. Xxxxxx |
| |||
|
|
Title: |
Vice President |
| |||
|
|
By: |
/s/ Xxxxxx Xxxxxxxx | ||||
|
|
Name: |
Xxxxxx Xxxxxxxx |
| |||
|
|
Title: |
Vice President |
| |||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Taconic Capital Partners 1.5 LP
|
|
By: |
Taconic Capital Advisors LLC, |
as Investment Advisor
|
|
By: |
/s/ Xxxxxxxxxxx XxXxxx | |||||
|
|
Name: |
Xxxxxxxxxxx XxXxxx |
| ||||
|
|
Title: |
Principal |
| ||||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
CSAM Funding IV
|
|
By: |
/s/ Xxxxxx Xxxxxxxx | |||||
|
|
Name: |
Xxxxxx Xxxxxxxx |
| ||||
|
|
Title: |
Authorized Signatory |
| ||||
DIP Revolver
Second Priority DIP Term Loan
First Priority DIP Term Loan
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Atrium III
|
|
By: |
/s/ Xxxxxx Xxxxxxxx | |||||
|
|
Name: |
Xxxxxx Xxxxxxxx |
| ||||
|
|
Title: |
Authorized Signatory |
| ||||
DIP Revolver
Second Priority DIP Term Loan
First Priority DIP Term Loan
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Atrium V
|
|
By: |
/s/ Xxxxxx Xxxxxxxx | |||||
|
|
Name: |
Xxxxxx Xxxxxxxx |
| ||||
|
|
Title: |
Authorized Signatory |
| ||||
DIP Revolver
Second Priority DIP Term Loan
First Priority DIP Term Loan
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Madison Park Funding II, Ltd.
|
|
By: |
/s/ Xxxxxx Xxxxxxxx | |||||
|
|
Name: |
Xxxxxx Xxxxxxxx |
| ||||
|
|
Title: |
Authorized Signatory |
| ||||
DIP Revolver
Second Priority DIP Term Loan
First Priority DIP Term Loan
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
CSAM FUNDING I
|
|
By: |
/s/ Xxxxxx Xxxxxxxx | |||||
|
|
Name: |
Xxxxxx Xxxxxxxx |
| ||||
|
|
Title: |
Authorized Signatory |
| ||||
DIP Revolver
Second Priority DIP Term Loan
First Priority DIP Term Loan
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Atrium CDO
|
|
By: |
/s/ Xxxxxx Xxxxxxxx | |||||
|
|
Name: |
Xxxxxx Xxxxxxxx |
| ||||
|
|
Title: |
Authorized Signatory |
| ||||
DIP Revolver
Second Priority DIP Term Loan
First Priority DIP Term Loan
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
CS Credit Strageies Master Fund, Ltd.
|
|
By: |
/s/ Xxxxxx Xxxxxxxx | |||||
|
|
Name: |
Xxxxxx Xxxxxxxx |
| ||||
|
|
Title: |
Authorized Signatory |
| ||||
DIP Revolver
TRS-CS-1st Lien L+0.55%
TRS-CS Second Priority DIP TL L + 0.55%
TRS-CS-First Priority DIP TL L + 0.55%
Margin Deposit – 1st Lien DIP TL
Margin Deposit – 2nd Lien DIP TL
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
CSAM FUNDING III
|
|
By: |
/s/ Xxxxxx Xxxxxxxx | |||||
|
|
Name: |
Xxxxxx Xxxxxxxx |
| ||||
|
|
Title: |
Authorized Signatory |
| ||||
DIP Revolver
Second Priority DIP Term Loan
First Priority DIP Term Loan
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
DUNES FUNDING LLC
|
|
By: |
/s/ M. Xxxxxxxx Xxxxxxx | |||
|
|
Name: |
M. Xxxxxxxx Xxxxxxx |
| ||
|
|
Title: |
Assistant Vice President |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
Durham Acquisition Co., LLC
|
|
By: |
/s/ Xxxxxxxxxxx Xxxxxx | ||||
|
|
Name: |
Xxxxxxxxxxx Xxxxxx |
| |||
|
|
Title: |
Managing Principal |
| |||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
Credit Genesis CLO 2005-1 Ltd.
|
|
By: |
/s/ Xxxxxxxxxxx Xxxxxx | ||||
|
|
Name: |
Xxxxxxxxxxx Xxxxxx |
| |||
|
|
Title: |
Managing Principal |
| |||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
TRS VENOR LLC
|
|
By: |
DEUTSCHE BANK AG |
CAYMAN ISLANDS BRANCH, ITS SOLE MEMBER
|
|
By: |
DB SERVICES NEW JERSEY, INC. |
|
|
By: |
/s/ Xxxxx X. Xxxxxx | ||||
|
|
Name: |
Xxxxx X. Xxxxxx |
| |||
|
|
Title: |
Vice President |
| |||
|
|
By: |
/s/ Xxxxxxxx X. XxXxxxxx | |||
|
|
Name: |
Xxxxxxxx X. XxXxxxxx |
| ||
|
|
Title: |
Authorized Signatory |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
TRS BRUIN LLC
|
|
By: |
DEUTSCHE BANK AG |
CAYMAN ISLANDS BRANCH, ITS SOLE MEMBER
|
|
By: |
DB SERVICES NEW JERSEY, INC. |
|
|
By: |
/s/ Xxxxx X. Xxxxxx | ||||
|
|
Name: |
Xxxxx X. Xxxxxx |
| |||
|
|
Title: |
Vice President |
| |||
|
|
By: |
/s/ Xxxxxxxx X. XxXxxxxx | |||
|
|
Name: |
Xxxxxxxx X. XxXxxxxx |
| ||
|
|
Title: |
Authorized Signatory |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
KNIGHT CBNA LOAN FUNDING
KNIGHT CFPI LOAN FUNDING LLC
Knight CBNA Loan Funding LLC, for itself or as Agent
for Knight CFPI Loan Funding LLC
|
|
By: |
/s/ Xxxxxxx Xxxxx | |||
|
|
Name: |
Xxxxxxx Xxxxx |
| ||
|
|
Title: |
As Attorney In Fact |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Four Corners CLO II, LTD.
|
|
By: |
/s/ Xxxxxxx Xxxxx | |||
|
|
Name: |
Xxxxxxx Xxxxx |
| ||
|
|
Title: |
As Attorney In Fact |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
TRS IO LLC
|
|
By: |
DEUTSCHE BANK AG |
CAYMAN ISLANDS BRANCH, ITS SOLE MEMBER
|
|
By: |
DB SERVICES NEW JERSEY, INC. |
|
|
By: |
/s/ Xxxxx X. Xxxxxx | ||||
|
|
Name: |
Xxxxx X. Xxxxxx |
| |||
|
|
Title: |
Vice President |
| |||
|
|
By: |
/s/ Xxxxxxxx X. XxXxxxxx | |||
|
|
Name: |
Xxxxxxxx X. XxXxxxxx |
| ||
|
|
Title: |
Authorized Signatory |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
HSH Nordbank
|
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By: |
/s/ Xxxxxx Xxxxxx | |||
|
|
Name: |
Xxxxxx Xxxxxx |
| ||
|
|
Title: |
Senior Vice President |
| ||
|
|
By: |
/s/ Xxxxxx X. Xxxxxx | |||
|
|
Name: |
Xxxxxx X. Xxxxxx |
| ||
|
|
Title: |
Vice President |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
CONTINENTAL CASUALTY COMPANY
|
|
By: |
/s/ Xxxxxxx X. XxXxxx | |||
|
|
Name: |
Xxxxxxx X. XxXxxx |
| ||
|
|
Title: |
Vice President and Assistant Treasurer |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Raven Credit Opportunities Master Fund, Ltd.
By Raven Asset Management LLC
As Investment Advisor
|
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By: |
/s/ Xxxxx Xxxxxxx | |||
|
|
Name: |
Xxxxx Xxxxxxx |
| ||
|
|
Title: |
CFO/COO |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
XXXXXXX XXXXX CREDIT PRODUCTS, LLC
|
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By: |
/s/ Xxxxx Xxxxxx | |||
|
|
Name: |
Xxxxx Xxxxxx |
| ||
|
|
Title: |
Vice President |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
ARES ENHANCED LOAN INVESTMENT
STRATEGY, LTD.
|
|
By: |
Ares Enhanced Loan Management, L.P., |
Investment Manager
|
|
By: |
Ares Enhanced Loan GP, LLC, |
Its General Partner
|
|
By: |
/s/ Xxxxx X. Xxxxx | |||||
|
|
Name: |
Xxxxx X. Xxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
ARES ENHANCED LOAN INVESTMENT STRATEGY II, LTD.
|
|
By: |
Ares Enhanced Loan Management, L.P., |
Investment Manager
|
|
By: |
Ares Enhanced Loan GP, LLC, |
Its General Partner
|
|
By: |
/s/ Xxxxx X. Xxxxx | |||||
|
|
Name: |
Xxxxx X. Xxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Ares X CLO Ltd.
|
|
By: |
Ares CLO Management X, L.P., Investment Manager |
|
|
By: |
Ares CLO GP X, LLC, |
Its General Partner
|
|
By: |
/s/ Xxxxx X. Xxxxx | |||||
|
|
Name: |
Xxxxx X. Xxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
ARES IIR CLO Management IIR, L.P.
|
|
By: |
Ares CLO Management IIR, L.P., Investment Manager |
|
|
By: |
Ares CLO GP IIR, LLC, |
Its General Partner
|
|
By: |
/s/ Xxxxx X. Xxxxx | |||||
|
|
Name: |
Xxxxx X. Xxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
ARES VR CLO Ltd.
|
|
By: |
Ares CLO Management VR, L.P., Investment Manager |
|
|
By: |
Ares CLO GP VR, LLC, |
Its General Partner
|
|
By: |
/s/ Xxxxx X. Xxxxx | |||||
|
|
Name: |
Xxxxx X. Xxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
ARES VIR CLO Ltd.
|
|
By: |
Ares CLO Management VIR, L.P., Investment Manager |
|
|
By: |
Ares CLO GP VIR, LLC, |
Its General Partner
|
|
By: |
/s/ Xxxxx X. Xxxxx | |||||
|
|
Name: |
Xxxxx X. Xxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
ARES VIII CLO Ltd.
|
|
By: |
Ares CLO Management VIII, L.P., Investment Manager |
|
|
By: |
Ares CLO GP VIII, LLC, |
Its General Partner
|
|
By: |
/s/ Xxxxx X. Xxxxx | |||||
|
|
Name: |
Xxxxx X. Xxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
ARES IX CLO Ltd.
|
|
By: |
Ares CLO Management IX, L.P., Investment Manager |
|
|
By: |
Ares CLO GP IX, LLC, |
Its General Partner
|
|
By: |
/s/ Xxxxx X. Xxxxx | |||||
|
|
Name: |
Xxxxx X. Xxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
CONFLUENT 2 LIMITED
|
|
By: |
Ares Private Account Management I, L.P., as Sub-Manager |
|
|
By: |
Ares Private Account Management I GP, LLC, as General Partner |
|
|
By: |
Ares Management LLC, As Manager |
|
|
By: |
/s/ Xxxxx X. Xxxxx | |||||
|
|
Name: |
Xxxxx X. Xxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
WIND RIVER CLO I LTD.
|
|
By: |
XxXxxxxxx Investment Management, LLC, as |
Manager
|
|
By: |
/s/ Xxxxxxxx X. Xxxx | |||
|
|
Name: |
Xxxxxxxx X. Xxxx |
| ||
|
|
Title: |
Vice President |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
WIND RIVER CLO II LTD.
|
|
By: |
XxXxxxxxx Investment Management, LLC, as |
Manager
|
|
By: |
/s/ Xxxxxxxx X. Xxxx | |||
|
|
Name: |
Xxxxxxxx X. Xxxx |
| ||
|
|
Title: |
Vice President |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
XXXXXXXXX LOAN OPPORTUNITY LTD.
|
|
By: |
XxXxxxxxx Investment Management, LLC, as |
Investment Manager
|
|
By: |
/s/ Xxxxxxxx X. Xxxx | |||
|
|
Name: |
Xxxxxxxx X. Xxxx |
| ||
|
|
Title: |
Vice President |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
GANNETT PEAK CLO I, LTD.
|
|
By: |
XxXxxxxxx Investment Management, LLC, as |
Investment Manager
|
|
By: |
/s/ Xxxxxxxx X. Xxxx | |||
|
|
Name: |
Xxxxxxxx X. Xxxx |
| ||
|
|
Title: |
Vice President |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
KC CLO II PLC.
|
|
By: |
/s/ Irina Bo va | |||||
|
|
Name: |
Irina Bo___va |
| ||||
|
|
Title: |
Vice President |
| ||||
|
|
By: |
/s/ Xxxxxx | |||||
|
|
Name: |
Xxxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Thracia, LLC
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx | |||
|
|
Name: |
Xxxxx Xxxxxxxxxx |
| ||
|
|
Title: |
CFO |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Union Bank of California, N.A.
|
|
By: |
/s/ Xxxxx Read | |||||
|
|
Name: |
Xxxxx Read |
| ||||
|
|
Title: |
Vice President |
| ||||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Grand Central Asset Trust, STK Series
|
|
By: |
| ||
|
|
Name: |
| ||
|
|
Title: |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Grand Central Asset Trust, BAS Series
|
|
By: |
/s/ Xxxxx Xxxxxxx | |||
|
|
Name: |
Xxxxx Xxxxxxx |
| ||
|
|
Title: |
As attorney in fact |
| ||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
Grand Central Asset Trust, STK Series
|
|
By: |
/s/ Xxxxx Xxxxxxx | |||
|
|
Name: |
Xxxxx Xxxxxxx |
| ||
|
|
Title: |
As attorney in fact |
| ||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
FIRST TRUST/FOUR CORNERS SENIOR FLOATING RATE
INCOME FUND
|
|
By: |
Four Corners Capital Management LLC |
As Sub-Advisor
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx | |||||
|
|
Name: |
Xxxxx Xxxxxxxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
FIRST TRUST/FOUR CORNERS SENIOR FLOATING RATE
INCOME FUND II
|
|
By: |
Four Corners Capital Management LLC |
As Sub-Advisor
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx | |||||
|
|
Name: |
Xxxxx Xxxxxxxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
SECURITY INCOME FUND-INCOME OPPORTUNITY SERIES
|
|
By: |
Four Corners Capital Management LLC |
As Sub-Advisors
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx | |||||
|
|
Name: |
Xxxxx Xxxxxxxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
MACQUARIE/FIRST TRUST GLOBAL
INFRASTRUCTURE/UTILITIES DIVIDEND & INCOME FUND
|
|
By: |
Four Corners Capital Management LLC |
As Sub-Advisors
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx | |||||
|
|
Name: |
Xxxxx Xxxxxxxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
FORTRESS PORTFOLIO TRUST
|
|
BY: |
Four Corners Capital Management LLC, |
As Investment Manager
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx | |||||
|
|
Name: |
Xxxxx Xxxxxxxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
FOUR CORNERS CLO 2005-I, LLC
|
|
By: |
Four Corners Capital Management LLC, |
As Investment Manager
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx | |||||
|
|
Name: |
Xxxxx Xxxxxxxxxx |
| ||||
|
|
Title: |
Vice President |
| ||||
< PAGE >
SIGNATURE PAGE TO CONSENT DATED AS OF
JUNE __, 2006 TO THE AMENDED AND
RESTATED REVOLVING CREDIT, TERM LOAN
AND GUARANTEE AGREEMENT, DATED AS
OF FEBRUARY 23, 2006, AMONG CALPINE
CORPORATION, THE SUBSIDIARIES OF
CALPINE CORPORATION NAMED THEREIN,
THE LENDERS FROM TIME TO TIME PARTIES
THERETO, CREDIT SUISSE AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
ADMINISTRATIVE AGENT AND THE OTHER
AGENTS PARTIES THERETO.
NAME OF INSTITUTION:
AUGUSTA TRADING LLC
|
|
By: |
/s/ M. Xxxxxxxx Xxxxxxx | |||
|
|
Name: |
M. Xxxxxxxx Xxxxxxx |
| ||
|
|
Title: |
Assistant Vice President |
| ||
