EXHIBIT 10.23
FOURTH AMENDMENT
TO REVOLVING CREDIT, TERM LOAN AND
GUARANTY AGREEMENT
FOURTH AMENDMENT, dated as of April 29, 2005 (the "Amendment"), to
the REVOLVING CREDIT, TERM LOAN AND GUARANTY AGREEMENT, dated as of February 2,
2005, among X.X. TOWER CORPORATION, a Michigan corporation (the "Borrower"), a
debtor and debtor-in-possession in a case pending under Chapter 11 of the
Bankruptcy Code, TOWER AUTOMOTIVE, INC., a Delaware corporation and the parent
company of the Borrower (the "Parent"), and the subsidiaries of the Borrower
signatory hereto (together with the Parent, each a "Guarantor" and collectively
the "Guarantors"), each of which Guarantors is a debtor and debtor-in-possession
in a case pending under Chapter 11 of the Bankruptcy Code, JPMORGAN CHASE BANK,
N.A., a national banking association ("JPMCB"), each of the other financial
institutions from time to time party hereto (together with JPMCB, the "Lenders")
and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the
"Agent") for the Lenders.
WITNESSETH:
WHEREAS, the Borrower, the Guarantors, the Lenders and the Agent are
parties to that certain Revolving Credit, Term Loan and Guaranty Agreement,
dated as of February 2, 2005 (as amended, restated, modified or supplemented
from time to time, the "Credit Agreement"); and
WHEREAS, the Borrower and the Guarantors have requested that from and
after the Effective Date (as hereinafter defined) of this Amendment, the Credit
Agreement be amended subject to and upon the terms and conditions set forth
herein; and
WHEREAS, upon the occurrence of the Effective Date of this Amendment, the
definition of the term "Global EBITDA" shall be restated as set forth herein.
NOW, THEREFORE, the parties hereto hereby agree as follows:
1. As used herein, all terms that are defined in the Credit
Agreement (in effect immediately prior to the Effective Date of this Amendment)
shall have the same meanings herein.
2. Section 1.01 of the Credit Agreement is hereby amended by:
(a) amending the definition of "Excluded Taxes" by (i) replacing the
reference to "Section 2.17(e)" therein with "Section 2.18(e)" and (ii) replacing
the reference to "Section 2.17(a)" therein with "Section 2.18(a)"; and
(b) deleting the definition of "Global EBITDA" in its entirety and
inserting in lieu thereof the following new definition:
"Global EBITDA" shall mean, for any period, all as
determined in accordance with GAAP, the consolidated
net income (or net loss) of the Global Entities for
such period, plus (a) to the extent deducted in the
calculation of consolidated net income, the sum of
(i) depreciation expense, (ii) amortization expense,
(iii) other non-cash charges, (iv) consolidated
foreign, federal, state and local income taxes
expense, (v) gross interest expense for such period
less gross interest income for such period, (vi)
extraordinary losses, (vii) any restructuring
charges, (viii) professional fees and expenses
incurred by, and costs under employee retention
programs of, the Domestic Entities, (ix) without
duplication, "Chapter 11 expenses" (or
"administrative costs reflecting Chapter 11
expenses") of the Domestic Entities as shown on the
consolidated statement of income of the Domestic
Entities for such period, (x) plus or minus the
cumulative effect of any change in accounting
principles and (xi) plus or minus equity in the
earnings of Metalsa less (b) extraordinary gains,
plus or minus (c)the amount of cash received or
expended in such period in respect of any amount
which, under clause (vii) above, was taken into
account in determining Global EBITDA for such or any
prior period, plus (d) cash dividends and
distributions received from Metalsa.
3. Section 2.13(c) of the Credit Agreement is hereby amended by
replacing the words "this Section 2.13(d)" appearing therein with the words
"paragraph (b) of this Section 2.13".
4. Section 2.19(d) of the Credit Agreement is hereby amended by
deleting ", 2.20(d)" appearing therein.
5. Section 10.03 of the Credit Agreement is hereby amended by:
(a) replacing the reference to "Section 2.17" appearing in subsection
(b)(iii) thereof with "Section 2.18"; and
(b) replacing the references to "Section 2.17" appearing in subsections
(d)(i) and (ii) thereof with "Section 2.18"; and
(c) replacing the references to "Section 2.17(e)" appearing in subsection
(d)(ii) thereof with "Section 2.18(e)".
6. This Amendment shall not become effective until the date (the
"Effective Date") on which (i) this Amendment shall have been executed by the
Borrower, the Guarantors, the Required Lenders and the Agent, and the Agent
shall have received evidence satisfactory to it of such execution.
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7. Except to the extent hereby amended, the Credit Agreement and
each of the Loan Documents remain in full force and effect and are hereby
ratified and affirmed.
8. The Borrower agrees that its obligations set forth in Section
10.05 of the Credit Agreement shall extend to the preparation, execution and
delivery of this Amendment, including the reasonable fees and disbursements of
counsel to the Agent.
9. This Amendment shall be limited precisely as written and shall
not be deemed (a) to be a consent granted pursuant to, or a waiver or
modification of, any other term or condition of the Credit Agreement or any of
the instruments or agreements referred to therein or (b) to prejudice any right
or rights which the Agent or the Lenders may now have or have in the future
under or in connection with the Credit Agreement or any of the instruments or
agreements referred to therein. Whenever the Credit Agreement is referred to in
the Credit Agreement or any of the instruments, agreements or other documents or
papers executed or delivered in connection therewith, such reference shall be
deemed to mean the Credit Agreement as modified by this Amendment.
10. This Amendment may be executed in any number of counterparts and
by the different parties hereto in separate counterparts, each of which when so
executed and delivered shall be deemed to be an original and all of which taken
together shall constitute but one and the same instrument.
11. This Amendment shall be governed by, and construed in accordance
with, the laws of the State of New York.
[SIGNATURE PAGES TO FOLLOW]
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be duly executed as of the day and the year first written.
BORROWER:
X.X. TOWER CORPORATION
By: /s/ Xxxxx Xxxxxx
---------------------------
Name: XXXXX XXXXXX
Title: TREASURER
GUARANTORS:
Algoods, USA, Inc.
Tower Automotive, Inc.
Tower Automotive Bardstown, Inc.
Tower Automotive Bowling Green, LLC
Tower Automotive Chicago, LLC
Tower Automotive Finance, Inc.
Tower Automotive Granite City, LLC
Tower Automotive Granite City Services, LLC
Tower Automotive International Holdings, Inc.
Tower Automotive International Yorozu Holdings, Inc.
Tower Automotive International, Inc.
Tower Automotive Lansing, LLC
Tower Automotive Michigan, LLC
Tower Automotive Milwaukee, LLC
Tower Automotive Plymouth, Inc.
Tower Automotive Products Company, Inc.
Tower Automotive Receivables Company, Inc.
Tower Automotive Services and Technology, LLC
Tower Automotive Technology, Inc.
Tower Automotive Technology Products, Inc.
Tower Automotive Tool, LLC
Tower Services, Inc.
Trylon Corporation
By: /s/ Xxxxx Xxxxxx
-------------------------
Name: XXXXX XXXXXX
Title: TREASURER
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
AGENT AND LENDERS:
JPMORGAN CHASE BANK, N.A.
INDIVIDUALLY AND AS AGENT
By: /s/ Xxxxxxx X. Xxxxx
------------------------------
Name: XXXXXXX X. XXXXX
Title: MANAGING DIRECTOR
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXXX'X ISLAND CDO, LTD.
By: CypressTree Investment Management Company, Inc.,
as Portfolio Manager.
By: /s/ Xxxxxxx X. Xxxxxx, Xx.
----------------------------------
Name: Xxxxxxx X. Xxxxxx, Xx.
Title: Managing Director
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXXX'X ISLAND CLO II, LTD.
By: CypressTree Investment Management Company, Inc.,
as Portfolio Manager.
By: /s/ Xxxxxxx X. Xxxxxx, Xx.
--------------------------------
Name: Xxxxxxx X. Xxxxxx, Xx.
Title: Managing Director
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
CSAM Funding IV, AS A LENDER
By: /s/ Xxxxx X. Xxxxxx
-------------------
Name: XXXXX X. XXXXXX
Title: AUTHORIZED SIGNATORY
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
CSAM SLF, AS A LENDER
BY: /s/ Xxxxx X. Xxxxxx
-------------------
Name: XXXXX X. XXXXXX
Title: AUTHORIZED SIGNATORY
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Madison Park Funding I, AS A LENDER
By: /s/ Xxxxx X. Xxxxxx
-------------------
Name: XXXXX X. XXXXXX
Title: AUTHORIZED SIGNATORY
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
FORTRESS PORTFOLIO TRUST, AS LENDER
By: Four Corners Capital Management LLC,
Investment Manager
/s/ Xxxxx Xxxxxxxxxx
---------------------------
XXXXX XXXXXXXXXX
Assistant Vice President
SIGNATURE Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
FOUR CORNERS CLO 2005-I, LTD., AS LENDER
By: Four Corners Capital Management LLC,
Collateral Manager
/s/ Xxxxx Xxxxxxxxxx
---------------------------
XXXXX XXXXXXXXXX
Assistant Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
OLYMPIC CLO I, AS A LENDER
By: /s/ Xxxx. X. Xxxxxxxxx
------------------------------------
Name: XXXX. X. XXXXXXXXX
Title: Chief Operating Officer,
Centre Pacific LLC (Manager)
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
KKR Financial CLO 2005-1, Ltd., AS A LENDER
By: /s/ Xxxxxxxx X. Xxxxx
------------------------------------------
Name: XXXXXXXX X. XXXXX
Title: AUTHORIZED SIGNATORY
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Malibu CBNA Loan Funding LLC, for itself or as
agent for Malibu CFPI Loan Funding LLC, AS A LENDER
By: /s/ Xxxxxxx Xxxxx
------------------------------
Name: XXXXXXX XXXXX
Title: AS ATTORNEY-IN-FACT
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Everglades SPIRET Loan Trust
By: Wilmington Trust Company
not in its individual capacity but
solely as trustee, AS A LENDER
By: /s/ Xxxxxx X. Xxxxxxx
------------------------------
Name: Xxxxxx X. Xxxxxxx
Title: Financial Services Officer
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Dinosaur Spiret Loan Trust
By: Wilmington Trust Company
not in its individual capacity but
solely as trustee, AS A LENDER
By: Xxxxxx X. Xxxxxxx
---------------------------------
Name: Xxxxxx X. Xxxxxxx
Title: Financial Services Officer
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
CREDIT SUISSE FIRST BOSTON
INTERNATIONAL
, AS A LENDER
By:
-------------------------------
Name:
Title:
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
, AS A LENDER
By: /s/ Xxxx Xxxxxx
----------------------------
Name: XXXX XXXXXX
Title: Senior Manager
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
DUNES FUNDING LLC, AS A LENDER
By: /s/ Xxxxxxxx X. Xxxxxxx
--------------------------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: Assistant Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
PINEHURST TRADING, INC., AS A LENDER
By: /s/ Xxxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: Assistant Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
WATERVILLE FUNDING LLC, AS A LENDER
By: /s/ Xxxxxxxx X. Xxxxxxx
-------------------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: Assistant Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
BY SATELLITE ASSET MANAGEMENT, L.P.
ITS INVESTMENT MANAGER
Satellite Senior Income Fund II, LLC, AS A LENDER
By: /s/ Xxxxx Xxxxxxx
----------------------------
Name: XXXXX XXXXXXX
Title: GENERAL COUNSEL
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Xxxxx Fargo Foothill, LCC, AS A LENDER
By: /s/ Xxxxxxx XxXxxxxxx
-------------------------------
Name: Xxxxxxx XxXxxxxxx
Title: AVP
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
CYPRESSTREE CLAIF FUNDING LLC, AS A LENDER
By: /s/ Xxxxxxxx X. Xxxxxxx
----------------------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: Assistant Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
JUPITER LOAN FUNDING LLC, AS A LENDER
By: /s/ Xxxxxxxx X. Xxxxxxx
-------------------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: Assistant Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
RED FOX FUNDING LLC, AS A LENDER
By: /s/ Xxxxxxxx X. Xxxxxxx
--------------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: Assistant Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
WINGED FOOT FUNDING TRUST, AS A LENDER
By: /s/ Xxxxxxxx X. Xxxxxxx
--------------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: Assistant Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Venture CDO 2002, Limited, AS A LENDER
By its investment advisor, MJX Asset
Management, LLC.
By: /s/ Xxx Xxxxxxx
---------------------------
Name: Xxx Xxxxxxx
Title: Director
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Venture II CDO 2002, Limited, AS A LENDER
By its investment advisor, MJX Asset
Management, LLC.
By: /s/ Xxx Xxxxxxx
---------------------------
Name: Xxx Xxxxxxx
Title: Director
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Venture III CDO Limited, as a Lender
By its investment advisor, MJX Asset
Management, LLC.
By: /s/ Xxx Xxxxxxx
---------------------------
Name: Xxx Xxxxxxx
Title: Director
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Venture IV CDO Limited, as a Lender
By its investment advisor, MJX Asset
Management, LLC.
By: /s/ Xxx Xxxxxxx
---------------------------
Name: Xxx Xxxxxxx
Title: Director
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Vista Leveraged Income Fund, as a Lender
By its investment advisor, MJX Asset
Management, LLC.
By: /s/ Xxx Xxxxxxx
---------------------------
Name: Xxx Xxxxxxx
Title: Director
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
The CIT Group/
Business Credit, AS A LENDER
By: /s/ Julianne Low
------------------------------
Name: Julianne Low
Title: AVP
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXXXX & CO
By: BOSTON MANAGEMENT AND RESEARCH
AS INVESTMENT ADVISOR, AS A LENDER
By: /s/ Xxxxxxx X. Xxxxxxx
----------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
SENIOR DEBT PORTFOLIO
By: Boston Management and Research
as Investment Advisor, AS A LENDER
By: /s/ Xxxxxxx X. Xxxxxxx
----------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXX XXXXX SENIOR INCOME TRUST
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR, AS A LENDER
By: /s/ Xxxxxxx X. Xxxxxxx
----------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXX XXXXX SENIOR
FLOATING-RATE TRUST
By: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR, AS A LENDER
By: /s/ Xxxxxxx X. Xxxxxxx
----------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXX XXXXX FLOATING-RATE
INCOME TRUST
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR, AS A LENDER
By: /s/ Xxxxxxx X. Xxxxxxx
----------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXX XXXXX
LIMITED DURATION INCOME FUND
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR, AS A LENDER
By: /s/ Xxxxxxx X. Xxxxxxx
----------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXX XXXXX SHORT DURATION
DIVERSIFIED INCOME FUND
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR, AS A LENDER
By: /s/ Xxxxxxx X. Xxxxxxx
----------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXX XXXXX INSTITUTIONAL SENIOR LOAN FUND
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR, AS A LENDER
By: /s/ Xxxxxxx X. Xxxxxxx
----------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
TOLLI & CO.
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR,
AS A LENDER
By: /s/ Xxxxxxx X. Xxxxxxx
----------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXX XXXXX CDO VI LTD.
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR,
AS A LENDER
By: /s/ Xxxxxxx X. Xxxxxxx
----------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
COSTANTINUS XXXXX XXXXX CDO V, LTD.
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR,
AS A LENDER
By: /s/ Xxxxxxx X. Xxxxxxx
----------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
HARBOUR TOWN FUNDING LLC., AS A LENDER
By: /s/ Xxxxxxxx X. Xxxxxxx
-------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: Assistant Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
L. A. FUNDING LLC., AS A LENDER
By: /s/ Xxxxxxxx X. Xxxxxxx
-------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: Assistant Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
NATEXI'S BANQUES POPULAIRES, AS A LENDER
By: /s/ Xxxx X. Xxxxxx
----------------------
Name: XXXX X. XXXXXX
Title: VICE PRESIDENT
/s/ Xxxxxx Xxxx
-----------------
XXXXXX XXXX
VICE PRESIDENT
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
UBS AG, STAMFORD BRANCH, AS A LENDER
By: /s/
-----------------------
Name:
Title: Director
Banking Products
Services, US
By: /s/
-----------------------
Associate Director
Banking Products
Services, US
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
AVENUE CLO FUND, LTD., AS A LENDER
By: /s/ Xxxxxxx X'Xxxxxxx
-------------------------------
Name: XXXXXXX X'XXXXXXX
Title: SENIOR PORTFOLIO MANAGER
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
CANADIAN IMPERIAL, AS A LENDER
BANK OF COMMERCE
By: /s/ Xxxxx X. Xxxxxxx
----------------------
Name: XXXXX X. XXXXXXX
Title: AUTHORIZED SIGNATORY
By: /s/ Xxxxxx Xxxxx
----------------------
Name: XXXXXX XXXXX
Title: Authorized Signatory
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Canyon Capital CDO 2002-1 Ltd., as a Lender
By: /s/ Xxxxxx X. Xxxxxxxx
----------------------
Name: Xxxxxx X. Xxxxxxxx
Title: Managing Director
By: Canyon Capital Advisors LLC,
a Delaware limited liability company,
its Collateral Manager.
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Canyon Capital CLO 2004-1 Ltd., as a Lender
By: /s/ Xxxxxx X. Xxxxxxxx
----------------------
Name: Xxxxxx X. Xxxxxxxx
Title: Managing Director
By: Canyon Capital Advisors LLC,
a Delaware limited liability company,
its Collateral Manager.
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
WIND RIVER CLO I LTD.
By: XxXxxxxxx Investment Management,
LLC, as Manager
By: /s/ Xxxxxxxx X. Xxxx
----------------------
Name: Xxxxxxxx X. Xxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
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 Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXXXX XXXXX CAPITAL, A DIVISION OF XXXXXXX
XXXXX BUSINESS FINANCIAL SERVICES INC., AS A
LENDER
By: /s/ Xxxxxx Xxxxxxx
--------------------
Name: Xxxxxx Xxxxxxx
Title: Assistant Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXXX XXXXXXX SENIOR FUNDING, INC., AS A LENDER
By: /s/ Xxxxx Xxxxxx
---------------------
Name: XXXXX XXXXXX
Title: VICE PRESIDENT
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Sankaty Advisors, LLC as Collateral
Manager for Castle Hill II - INGOTS,
Ltd., AS A LENDER
By: /s/ Xxxxx X. Xxxxx
---------------------
Name: XXXXX X. XXXXX
Title: MANAGING DIRECTOR
PORTFOLIO MANAGER
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Sankaty Advisors, LLC as Collateral
Manager for Prospect Funding I,
LLC., AS A LENDER
By: /s/ Xxxxx X. Xxxxx
---------------------
Name: XXXXX X. XXXXX
Title: MANAGING DIRECTOR
PORTFOLIO MANAGER
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Sankaty Advisors, LLC as Collateral
Manager for Race Point CLO, Limited,
AS A LENDER
By: /s/ Xxxxx X. Xxxxx
---------------------
Name: XXXXX X. XXXXX
Title: MANAGING DIRECTOR
PORTFOLIO MANAGER
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Sankaty High Yield Partners III, L.P.,
AS A LENDER
By: /s/ Xxxxx X. Xxxxx
---------------------
Name: XXXXX X. XXXXX
Title: MANAGING DIRECTOR
PORTFOLIO MANAGER
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Sankaty Advisors, LLC as Collateral
Manager for XXXXX POINT CLO,
LTD., AS A LENDER
By: /s/ Xxxxx X. Xxxxx
---------------------
Name: XXXXX X. XXXXX
Title: MANAGING DIRECTOR
PORTFOLIO MANAGER
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Sankaty Advisors, LLC as Collateral
Manager for Loan Funding XI LLC,
AS A LENDER
By: /s/ Xxxxx X. Xxxxx
------------------------
Name: XXXXX X. XXXXX
Title: MANAGING DIRECTOR
PORTFOLIO MANAGER
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Sankaty Advisors, LLC as Collateral
Manager for CASTLE HILL I - INGOTS, LTD.,
AS A LENDER
By: /s/ Xxxxx X. Xxxxx
-------------------------
Name: XXXXX X. XXXXX
Title: MANAGING DIRECTOR
PORTFOLIO MANAGER
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Gleneagles CLO, Ltd.
By: Highland Capital Management, L.P
As Collateral Manager, AS A LENDER
By: /s/ Xxxx X. Xxxxxxx
----------------------------------------
Name: Xxxx X. Xxxxxxx
Title: Assistant Secretary
Highland Capital Management, L.P.
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
FIRST TRUST/HIGHLAND FLOATING RATE INCOME FUND
BY: HIGHLAND CAPITAL MANAGEMENT, L.P.
ITS INVESTMENT SUB-ADVISOR, AS A LENDER
By: /s/ Xxxx X. Xxxxxxx
----------------------------------------
Name: Xxxx X. Xxxxxxx
Title: Assistant Secretary
Highland Capital Management, L.P.
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
HIGHLAND LEGACY LIMITED
By: Highland Capital Management, L.P.
as Collateral Manager, AS A LENDER
By: /s/ Xxxx X. Xxxxxxx
----------------------------------------
Name: Xxxx X. Xxxxxxx
Title: Assistant Secretary
Highland Capital Management, L.P.
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Southfork CLO, Ltd.
By: Highland Capital Management, L.P.
As Collateral Manager, AS A LENDER
By: /s/ Xxxx X. Xxxxxxx
---------------------------------------
Name: Xxxx X. Xxxxxxx
Title: Assistant Secretary
Highland Capital Management, L.P.
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
HIGHLAND FLOATING RATE ADVANTAGE FUND
By: Highland Capital Management, L.P.
As Investment Advisor, AS A LENDER
By: /s/ Xxxx X. Xxxxxxx
----------------------------------------
Name: Xxxx X. Xxxxxxx
Title: Assistant Secretary
Highland Capital Management, L.P.
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Nationwide Life Insurance Company, AS A LENDER
By: /s/ Xxxxxx X. Xxxxxxx
---------------------
Name: XXXXXX X. XXXXXXX
Title: ASSOCIATE VICE PRESIDENT
PUBLIC BONDS
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Nationwide Mutual Insurance Company, AS A LENDER
By: /s/ Xxxxxx X. Xxxxxxx
-------------------------------
Name: XXXXXX X. XXXXXXX
Title: ASSOCIATE VICE PRESIDENT
PUBLIC BONDS
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXXXXXXXX SENIOR FLOATING RATE FUND, AS A LENDER
By: /s/ Xxxxx Xxxxxxxx
---------------------
Name: Xxxxx Xxxxxxxx
Title: Vice President
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
GENERAL ELECTRIC CAPITAL CORPORATION, AS A LENDER
By: /s/ Xxxxx X. Xxxxx
--------------------------------
Name: XXXXX X. XXXXX
Title: DULY AUTHORIZED SIGNATORY
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
WACHOVIA CAPITAL FINANCE (CENTRAL), AS A LENDER
By: /s/
---------------------
Name:
Title: VICE PRESIDENT
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Carlyle High Yield Partners, L.P., AS A LENDER
By: /s/ Xxxxx Xxxx
-------------------------
Name: XXXXX XXXX
Title: MANAGING DIRECTOR
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Carlyle High Yield Partners IV, Ltd., AS A LENDER
By: /s/ Xxxxx Xxxx
--------------------------
Name: XXXXX XXXX
Title: MANAGING DIRECTOR
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Carlyle Loan Opportunity Fund, AS A LENDER
By: /s/ Xxxxx Xxxx
--------------------------
Name: XXXXX XXXX
Title: MANAGING DIRECTOR
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Carlyle High Yield Partners VI, Ltd., AS A LENDER
By: /s/ Xxxxx Xxxx
--------------------------
Name: XXXXX XXXX
Title: MANAGING DIRECTOR
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
Carlyle Loan Investment, Ltd., AS A LENDER
By: /s/ Xxxxx Xxxx
--------------------------
Name: XXXXX XXXX
Title: MANAGING DIRECTOR
Signature Page to Fourth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
