FIFTH AMENDMENT
Exhibit 99.1
FIFTH AMENDMENT (this “Amendment”), dated as of April 15, 2005, among SCOTSMAN HOLDINGS, INC., a Delaware corporation (“Holdings”), XXXXXXXX SCOTSMAN, INC., a Maryland corporation (the “Borrower”), the Lenders from time to time party to the Credit Agreement referred to below (the “Lenders”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent. All capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement referred to below.
W I T N E S S E T H:
WHEREAS, Holdings, the Borrower, the Lenders and the Administrative Agent are parties to a Credit Agreement, dated as of March 26, 2002 (as amended, restated, modified and/or supplemented through, but not including, the date hereof, the “Credit Agreement”);
WHEREAS, the parties hereto wish to amend the Credit Agreement on the terms and subject to the conditions contained herein;
NOW, THEREFORE, it is agreed:
I. Amendments to Credit Agreement.
1. Section 3.1(a) of the Credit Agreement is hereby amended by deleting the text “$20,000,000” appearing immediately following the text “Credit Obligations to exceed” in clause (i) of said Section and inserting the text “$40,000,000” in lieu thereof.
2. Section 8.2(o) of the Credit Agreement is hereby amended by deleting said Section in its entirety and inserting the following new Section 8.2(o) in lieu thereof:
“(o) Liens granted by Holdings and/or the Borrower to secure the performance of, and reimbursement obligations with respect to, bid, performance, payment, surety, indemnity, or other similar bonds arising in the ordinary course of business (collectively, “Surety Bonds”) and in favor of the provider of any such Surety Bond (any such provider, a “Surety”), so long as the obligations so secured are outstanding under Section 8.3(f) and the book value of the assets securing such obligations does not exceed at any time $75,000,000 in the aggregate; provided, that (i) such Liens shall extend only to the assets, interests and other property described in Schedule XV and (ii) nothing herein shall permit Holdings, the Borrower or any of its Subsidiaries to deposit funds due or to become due under any contract for which any Surety has issued a Surety Bond into any account over which the Borrower (or the Collateral Agent) does not have unilateral control or into any trust account for the benefit of any Surety and any such action by Holdings, the Borrower or any of its Subsidiaries shall be deemed to be an immediate Event of Default; and”.
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3. Section 8.3(f) of the Credit Agreement is hereby amended by deleting the text $50,000,000 appearing in said Section and inserting the text “$100,000,000” in lieu thereof.
II. Miscellaneous.
1. In order to induce the Lenders to enter into this Amendment, each Credit Agreement Party hereby represents and warrants that:
(a) no Default or Event of Default exists as of the Fifth Amendment Effective Date (as defined below), both immediately before and immediately after giving effect thereto; and
(b) all of the representations and warranties contained in the Credit Agreement and the other Credit Documents are true and correct in all material respects on the Fifth Amendment Effective Date both immediately before and immediately after giving effect thereto, with the same effect as though such representations and warranties had been made on and as of the Fifth Amendment Effective Date (it being understood that any representation or warranty made as of a specific date shall be true and correct in all material respects as of such specific date).
2. This Amendment is limited as specified and shall not constitute a modification, acceptance or waiver of any other provision of the Credit Agreement or any other Credit Document.
3. This Amendment may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which counterparts when executed and delivered shall be an original, but all of which shall together constitute one and the same instrument.
4. THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF NEW YORK.
5. This Amendment shall become effective on the date (the “Fifth Amendment Effective Date”) when each Credit Agreement Party and the Required Lenders shall have signed a counterpart hereof (whether the same or different counter parts) and shall have delivered (including by way of facsimile transmission) the same to White & Case LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Attention: Aditi Chawla (facsimile number 212-354-8113).
6. At all times on and after the Fifth Amendment Effective Date, all references in the Credit Agreement and each of the other Credit Documents to the Credit Agreement shall be deemed to be references to the Credit Agreement after giving effect to this Amendment. It is agreed that this Amendment shall constitute a Credit Document for all purposes under the Credit Agreement and the other Credit Documents.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their respective authorized officers as of the day and year first above written.
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SCOTSMAN HOLDINGS, INC. |
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By |
/s/ Xxxxx X. Xxxxxx |
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Title: Vice President, Treasurer |
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XXXXXXXX SCOTSMAN, INC. |
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By |
/s/ Xxxxx X. Xxxxxx |
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Title:Vice President, Treasurer |
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DEUTSCHE BANK TRUST COMPANY |
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AMERICAS, Individually and as Administrative |
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Agent |
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By |
/s/ Xxxxxx Xxxxxxxxx |
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Title: Director |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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GRAYSTON CLO 2001-1 LTD. |
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By: Bear Xxxxxxx Asset Management Inc. as its Collateral Manager |
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By: |
/s/ Xxxxxxxx Xxxx |
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Title: Associate Director |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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GALLATIN FUNDING I LTD. |
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By: Bear Xxxxxxx Asset Management Inc. as its Collateral Manager |
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By: |
/s/ Xxxxxxxx Xxxx |
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Title: Associate Director |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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BANK OF AMERICA N.A. |
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By: |
/s/ Xxxxx X. Xxxxxxxx |
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Title: Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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BLACK DIAMOND CLO 2001-1, LTD. |
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By: |
/s/ Xxxxx Xxxx |
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Title: Director |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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CIBC INC. |
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By: |
/s/ Xxxxxxxx Xxxxxxxxxx |
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Title: Executive Director |
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CIBC World Markets Corp. as Agent |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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THE CIT GROUP/BUSINESS CREDIT, INC. |
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By: |
/s/ Julianne Low |
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Title: Assistant Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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WACHOVIA BANK, NATIONAL ASSOCIATION, successor by merger to Congress Financial Corporation |
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By: |
/s/ Xxxxx X’Xxxxxxx |
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Title: Assistant Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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DIAMOND SPRINGS TRADING LLC |
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By: |
/s/ Xxxxxxxx X. Xxxxxxx |
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Title: Assistant Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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BIG SKY SENIOR LOAN FUND, LTD. |
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By: Xxxxx Xxxxx Management as Investment Advisor |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Title: Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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BIG SKY III SENIOR LOAN TRUST |
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By: |
Xxxxx Xxxxx Management as Investment Advisor |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Title: Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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XXXXX XXXXX SENIOR FLOATING-RATE TRUST |
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By: |
Xxxxx Xxxxx Management as Investment Advisor |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Title: Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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XXXXX XXXXX FLOATING-RATE INCOME TRUST |
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By: |
Xxxxx Xxxxx Management as Investment Advisor |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Title: Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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XXXXXXX & CO |
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By: Boston Management and Research as Investment Advisor |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Title: Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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XXXXX XXXXX INSTITUTIONAL SENIOR LOAN FUND |
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By: Xxxxx Xxxxx Management as Investment Advisor |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Title: Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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XXXXX XXXXX SENIOR INCOME TRUST |
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By: Xxxxx Xxxxx Management as Investment Advisor |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Title: Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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GMAC COMMERCIAL FINANCE LLC, (successor by merger to GMAC BUSINESS CREDIT, LLC) |
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By: |
/s/ Xxxxxx X. XxXxxxxx |
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Title: Director |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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KATONAH I, LTD. |
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By: |
/s/ Xxxxx Xxxxx Xxxxx |
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Title: |
Authorized Officer |
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Katonah Capital, L.L.C. as Manager |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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KATONAH II, LTD. |
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By: |
/s/ Xxxxx Xxxxx Xxxxx |
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Title: |
Authorized Officer |
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Katonah Capital, L.L.C. as Manager |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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KATONAH III, LTD. |
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By: |
/s/ Xxxxx Xxxxx Xxxxx |
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Title: |
Authorized Officer |
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Katonah Capital, L.L.C. as Manager |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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KATONAH IV, LTD. |
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By: |
/s/ Xxxxx Xxxxx Xxxxx |
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Title: |
Authorized Officer |
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Katonah Capital, L.L.C. as Manager |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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LASALLE BUSINESS CREDIT, LLC |
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By: |
/s/ Xxxx Xxxxxxx |
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Title: Senior Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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PREMIUM LOAN TRUST I, LTD. |
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By: |
/s/ Xxxxxx X. Xxxxxx |
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Title: |
Senior Managing Director & Chief |
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Executive Officer |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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NATIONAL CITY BUSINESS CREDIT, INC. |
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By: |
/s/ Xxxxx Xxxxx |
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Title: Senior Associate |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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ORIX FINANCIAL SERVICES, INC. |
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By: |
/s/ Xxxxx X Xxxxxxxxx |
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Title: Associate Director |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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PEOPLE’S BANK |
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By: |
/s/ Xxxxxxx X. XxXxxx |
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Title: Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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Sankaty Advisors, LLC, as Collateral Manager for Xxxxx |
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Point II CBO 2000-1 LTD., as Term Lender |
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By: |
/s/ Xxxxx X. Xxxxx |
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Title: |
Managing Director |
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Portfolio Manager |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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Sankaty Advisors, LLC as Collateral Manager for Castle Hill I- INGOTS, Ltd., as Term Lender |
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By: |
/s/ Xxxxx X. Xxxxx |
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Title: |
Managing Director |
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Portfolio Manager |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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Sankaty Advisors, LLC as Collateral Manager for Castle Hill III CLO, Limited, as Term Lender |
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By: |
/s/ Xxxxx X. Xxxxx |
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Title: |
Managing Director |
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Portfolio Manager |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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Sankaty Advisors, LLC as Collateral Manager for Race Point CLO, Limited, as Term Lender |
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By: |
/s/ Xxxxx X. Xxxxx |
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Title: |
Managing Director |
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Portfolio Manager |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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Sankaty Advisors, LLC as Collateral Manager for Race |
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Point II CLO, Limited, as Term Lender |
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By: |
/s/ Xxxxx X. Xxxxx |
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Title: |
Managing Director |
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Portfolio Manager |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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HARBOUR TOWN FUNDING LLC |
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By: |
/s/ Xxxxxxxx X. Xxxxxxx |
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Title: Assistant Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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SENIOR DEBT PORTFOLIO |
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By: |
Boston Management and Research as Investment Advisor |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Title: Vice President |
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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SIEMENS FINANCIAL SERVICES |
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By: |
/s/ Xxxxx Xxxxxx |
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Title: Vice President - Credit |
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36
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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TORONTO DOMINION (NEW YORK) LLC |
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By: |
/s/ Masood Fiktee |
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Title: Authorized Signatory |
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37
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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TRANSAMERICA BUSINESS CAPITAL CORPORATION |
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By: |
/s/ Xxxxx Xxxxxxx |
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Title: |
Duly Authorized Signatory |
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38
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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TRS 1 LLC |
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By: |
/s/ Xxxxxxx X’Xxxxxx |
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Title: Vice President |
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39
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SIGNATURE PAGE TO THE FIFTH AMENDMENT, DATED AS OF APRIL 15, 2005, AMONG SCOTSMAN HOLDINGS, INC., XXXXXXXX SCOTSMAN, INC., THE LENDERS FROM TIME TO TIME PARTY TO THE CREDIT AGREEMENT AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
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XXXXXXX BUSINESS CREDIT CORPORATION |
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By: |
/s/ Xxxxxx Xxxxxxx |
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Title: Authorized Signatory |
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