FIRST AMENDMENT TO CREDIT AGREEMENT
Exhibit 10.16
FIRST AMENDMENT TO CREDIT AGREEMENT
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (the “Amendment”) dated as of September 30, 2004, is to that certain Credit Agreement dated as of July 31, 2003 (as amended and modified from time to time, the “Credit Agreement”), by and among WESTLAKE CHEMICAL CORPORATION, a Delaware corporation (the “Borrower”), THE SUBSIDIARIES OF THE BORROWER FROM TIME TO TIME PARTIES THERETO AND IDENTIFIED AS “GUARANTORS” ON THE SIGNATURE PAGES HERETO (the “Guarantors”), THE PERSONS FROM TIME TO TIME PARTIES THERETO AND IDENTIFIED AS “LENDERS” ON THE SIGNATURE PAGES HERETO (the “Lenders”) and BANK OF AMERICA, N.A., as administrative agent (the “Agent”).
W I T N E S S E T H
WHEREAS, the Lenders have, pursuant to the terms of the Credit Agreement, made available to the Borrower and the Guarantors a term loan in the original principal amount of $120,000,000;
WHEREAS, the parties hereto have agreed to amend the Credit Agreement as set forth herein;
NOW, THEREFORE, IN CONSIDERATION of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
A. Definitions. Unless the context otherwise requires, capitalized terms used but not otherwise defined herein shall have the meanings assigned in the Credit Agreement.
B. Amendments.
1. The definition of “Applicable Rate” in Section 1.01 of the Credit Agreement is hereby amended to read as follows:
“Applicable Rate” means, (a) with respect to Base Rate Loans, 1.25% and (b) with respect to Eurodollar Loans, 2.25%.
2. The definitions of “Excess Cash Flow” and “Excess Cash Flow Payment Date” in Section 1.01 of the Credit Agreement are hereby deleted.
3. Section 2.04(b)(i) of the Credit Agreement is hereby amended to read as follows:
(i) [Intentionally Omitted].
4. Section 7.02(c) of the Credit Agreement is hereby amended to read as follows:
(c) [Intentionally Omitted].
5. A new Section 11.20 is hereby added to the Credit Agreement to read as follows:
11.20 USA PATRIOT Act Notice.
Each Lender and the Administrative Agent (for itself and not on behalf of any Lender) hereby notifies the Borrower that pursuant to the requirements of the USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)) (the “Act”), it is required to obtain, verify and record information that identifies the Borrower, which information includes the name and address of the Borrower and other information that will allow such Lender or the Administrative Agent, as applicable, to identify the Borrower in accordance with the Act.
6. Exhibit 7.01 to the Credit Agreement is hereby deleted.
C. Conditions Precedent. This Amendment shall be and become effective as of September 30, 2004 (the “Effective Date”) when the Agent shall have received counterparts of this Amendment, which collectively shall have been duly executed on behalf of each of the Borrower, the Guarantors, the Agent and the Lenders.
D. Expenses. The Borrower agrees to pay all reasonable costs and expenses of the Agent in connection with the preparation, execution and delivery of this Amendment, including without limitation the reasonable fees and expenses of the Agent’s legal counsel.
E. Effect. Except as expressly modified and amended in this Amendment, all of the terms, provisions and conditions of the Credit Agreement are and shall remain in full force and effect and are incorporated herein by reference, and the obligations of the Borrower and the Guarantors hereunder and under the other Loan Documents are hereby ratified and confirmed and shall remain in full force and effect. Any and all other documents heretofore, now or hereafter executed and delivered pursuant to the terms of the Credit Agreement are hereby amended so that any reference to the Credit Agreement shall mean a reference to the Credit Agreement as amended hereby.
F. Representations and Warranties. The Borrower and each Guarantor represents and warrants to the Lenders that (i) the representations and warranties set forth in Article VI of the Credit Agreement are true and correct on and as of the Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, (ii) no Default exists and (iii) none of the Borrower or any Guarantor has any counterclaims, offsets, credits or defenses to the Loan Documents and the performance of their respective obligations thereunder, or if the Borrower or any Guarantor has any such claims, counterclaims, offsets, credits or defenses to the Loan Documents or any transaction related to the Loan Documents, the same are hereby waived, relinquished and released in consideration of the Lenders’ execution and delivery of this Amendment.
G. Counterparts. This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but all of which shall constitute one and the same instrument. It shall not be necessary in making proof of this Amendment to produce or account for more than one such counterpart.
H. Governing Law. This Amendment and the Credit Agreement, shall be governed by and construed in accordance with, the laws of the State of New York.
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I. Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
J. Authorization; Enforceability. The Borrower and each Guarantor hereby represent and warrant as follows:
1. The Borrower and each Guarantor have taken all necessary action to authorize the execution, delivery and performance of this Amendment.
2. This Amendment has been duly executed and delivered by the Borrower and each Guarantor, and this Amendment and the Credit Agreement (as amended hereby) constitute the Borrower’s and the Guarantors’ legal, valid and binding obligations, enforceable in accordance with their terms, except as such enforceability may be subject to (a) Debtor Relief Laws and (b) general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity).
3. No consent, approval, authorization or order of, or filing, registration or qualification with, any court or Governmental Authority or third party is required in connection with the execution, delivery or performance by the Borrower or any Guarantor of this Amendment.
K. Entire Agreement.
THIS AMENDMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.
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IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart of this Amendment to be duly executed under seal and delivered as of the date and year first above written.
BORROWER: | WESTLAKE CHEMICAL CORPORATION | |||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
GUARANTORS: | GEISMAR HOLDINGS, INC. | |||||
By: | /s/ Xxxxxxx Xxxxxx | |||||
Name: | Xxxxxxx Xxxxxx | |||||
Title: | President | |||||
GEISMAR VINYLS COMPANY LP | ||||||
By: GUPP, Inc. its general partner | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
NORTH AMERICAN BRISTOL CORPORATION | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
GVGP, INC. | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
NORTH AMERICAN PIPE CORPORATION | ||||||
By: | /s/ Xxxxx X. Xxxxx | |||||
Name: | Xxxxx X. Xxxxx | |||||
Title: | President | |||||
NORTH AMERICAN PROFILES, INC. | ||||||
By: | /s/ Xxxxx X. Xxxxx | |||||
Name: | Xxxxx X. Xxxxx | |||||
Title: | President | |||||
VAN BUREN PIPE CORPORATION | ||||||
By: | /s/ Xxxxx X. Xxxxx | |||||
Name: | Xxxxx X. Xxxxx | |||||
Title: | President |
WESTECH BUILDING PRODUCTS, INC. | ||||||
By: | /s/ Xxxxx X. Xxxxx | |||||
Name: | Xxxxx X. Xxxxx | |||||
Title: | President | |||||
WESTLAKE CHEMICAL HOLDINGS, INC. | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
WESTLAKE CHEMICAL INVESTMENTS, INC. | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
WESTLAKE CHEMICAL MANUFACTURING, INC. | ||||||
By: | /s/ Xxxxxxx Xxxxxx | |||||
Name: | Xxxxxxx Xxxxxx | |||||
Title: | President | |||||
WESTLAKE CHEMICAL PRODUCTS, INC. | ||||||
By: | /s/ Xxxxxxx Xxxxxx | |||||
Name: | Xxxxxxx Xxxxxx | |||||
Title: | President | |||||
WESTLAKE DEVELOPMENT CORPORATION | ||||||
By: | /s/ Xxxxxxx Xxxxxx | |||||
Name: | Xxxxxxx Xxxxxx | |||||
Title: | President | |||||
WESTLAKE MANAGEMENT SERVICES, INC. | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
WESTLAKE OLEFINS CORPORATION | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President |
WESTLAKE PETROCHEMICALS LP | ||||||
By: Westlake Chemical Investments, its general partner | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
WESTLAKE POLYMERS LP | ||||||
By: Westlake Chemical Investments, its general partner | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
WESTLAKE PVC CORPORATION | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
WESTLAKE RESOURCES CORPORATION | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
WESTLAKE STYRENE LP | ||||||
By: Westlake Chemical Holdings, its general partner | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
WESTLAKE VINYL CORPORATION | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
WESTLAKE VINYLS, INC. | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President |
WPT LP | ||||||
By: Westlake Chemical Holdings, Inc. | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
WESTLAKE INTERNATIONAL CORPORATION | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President | |||||
WESTLAKE TECHNOLOGY CORPORATION | ||||||
By: | /s/ Xxxxxx Xxxx | |||||
Name: | Xxxxxx Xxxx | |||||
Title: | President |
ADMINISTRATIVE AGENT: | BANK OF AMERICA, N.A., as | |||||||||
Administrative Agent | ||||||||||
By: | /s/ Xxxxxx X. Xxxxx | |||||||||
Name: | Xxxxxx X. Xxxxx | |||||||||
Title: | Vice President |
LENDERS: | Aeries Finance-II Ltd | |||
By: | Patriarch Partners X, LLC, Its Managing Agent |
|||
By: | /s/ Xxxx Xxxxxx | |||
Name: Xxxx Xxxxxx | ||||
Title: Manager |
LENDERS: | AIM FLOATING RATE FUND | |||
By: | INVESCO Senior Secured Management, Inc. | |||
As Sub-Advisor | ||||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: Xxxxxx Xxxxxxx Title: Authorized Signatory |
LENDERS: | By: Babson Capital Management LLC | |||
as Collateral Manager on behalf of the investment funds under its management as listed below. | ||||
APEX (IDM) CDO I, Ltd. | ||||
By: | /s/ Xxxxxx Xxxxxx | |||
Name: Xxxxxx Xxxxxx Title: Managing Director |
LENDERS: | AVALON CAPITAL LTD. | |||
By: | INVESCO Senior Secured Management, Inc. | |||
As Portfolio Advisor | ||||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: Xxxxxx Xxxxxxx Title: Authorized Signatory |
LENDERS: | AVALON CAPITAL LTD. 2 | |||
By: | INVESCO Senior Secured Management, Inc. | |||
As Portfolio Advisor | ||||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: Xxxxxx Xxxxxxx Title: Authorized Signatory |
LENDERS: | BABSON CLO LTD 2003-I ELC (CAYMAN) LTD. CDO SERIES 1999-I ELC (CAYMAN) LTD. 1999-III ELC (CAYMAN) LTD. 2000-I SEABOARED CLO 2000 LTD. SUFFIELD CLO, LIMITED XXXXX CLO LTD. 2000-I BY: BABSON CAPITAL MANAGEMENT LLC AS COLLATERAL MANAGER |
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By: | /s/ Xxxxxxx X. Xxxxx | |||
Name: Xxxxxxx X. Xxxxx | ||||
Title: Managing Director |
LENDERS: | BANK OF AMERICA, NA | |||
By: | /s/ Xx Xxxxxxxx | |||
Name: Xx Xxxxxxxx Title: Senior Vice President |
LENDERS: | BIG SKY SENIOR LOAN FUND, LTD. |
|||
By: | Xxxxx Xxxxx Management As Investment Advisor |
|||
By: | /s/ Xxxxxxx X.Xxxxxxx | |||
Name: Xxxxxxx X.Xxxxxxx | ||||
Title: Vice President |
LENDERS: | XXXX & XXXXXXX XXXXX FOUNDATION |
|||
By: | BABSON CAPITAL MANAGEMENT LLC As Investment Advisor |
|||
By: | /s/ Xxxxxxx X. Xxxxx | |||
Name: Xxxxxxx X. Xxxxx | ||||
Title: Managing Director |
LENDERS: | SANKATY ADVISORS, LLC As Collateral Manager For Castle Hill I-Ingots, Ltd., As Term Lender |
|||
By: | /s/ Xxxxx X. Xxxxx | |||
Name: Xxxxx X. Xxxxx | ||||
Title: Managing Director Portfolio Manager |
LENDERS: | SANKATY ADVISORS, LLC As Collateral Manager For Castle Hill II-Ingots, Ltd., As Term Lender |
|||
By: | /s/ Xxxxx X. Xxxxx | |||
Name: Xxxxx X. Xxxxx | ||||
Title: Managing Director Portfolio Manager |
LENDERS: | CHARTER VIEW PORTFOLIO | |||
By: | INVESCO Senior Secured Management Inc. | |||
As Investment Advisor | ||||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: Xxxxxx Xxxxxxx Title: Authorized Signatory |
LENDERS: | Citigroup Investments Corporate Loan Fund Inc. | |||
By: | Travelers Asset Management International Company LLC |
|||
By: | /s/ Xxxxx X. Xxx | |||
Name: Xxxxx X. Xxx | ||||
Title: Vice President |
LENDERS: | Columbus Loan Funding, Ltd. | |||
By: | Travelers Asset Management International Company LLC | |||
By: | /s/ Xxxxx X. Xxx | |||
Name: Xxxxx X. Xxx | ||||
Title: Vice President |
LENDERS: | COSTANTINUS XXXXX XXXXX CDO V, LTD. | |||
By: | Xxxxx Xxxxx Management As Investment Advisor |
|||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: Xxxxxxx X. Xxxxxxx | ||||
Title: Vice President |
LENDERS: | CSAM FUNDING I | |||
By: | /s/ Xxxxx X. Xxxxxx | |||
Name: Xxxxx X. Xxxxxx | ||||
Title: Authorized Signatory |
LENDERS: | CSAM FUNDING III | |||
By: | /s/ Xxxxx X. Xxxxxx | |||
Name: Xxxxx X. Xxxxxx | ||||
Title: Authorized Signatory |
LENDERS: | DIVERSIFIED CREDIT PORTFOLIO LTD. | |||
By: | INVESCO Senior Secured Management, Inc. As Investment Advisor | |||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: Xxxxxx Xxxxxxx Title: Authorized Signatory |
LENDERS: | XXXXXX IV LEVERAGED LOAN CDO 2003 | |||
By: | Prudential Investment Management, Inc. As Collateral Manager | |||
By: | /s/ Xxxx Xxxxx | |||
Name: Xxxx Xxxxx Title: Vice President |
LENDERS: | XXXXX XXXXX INSTITUTIONAL SENIOR LOAN FUND |
|||
By: | Xxxxx Xxxxx Management As Investment Advisor |
|||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: Xxxxxxx X. Xxxxxxx | ||||
Title: Vice President |
LENDERS: | XXXXX XXXXX SENIOR INCOME TRUST | |||
By: | Xxxxx Xxxxx Management As Investment Advisor |
|||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: Xxxxxxx X. Xxxxxxx | ||||
Title: Vice President |
LENDERS: | XXXXX XXXXX LIMITED DURATION INCOME FUND |
|||
By: | Xxxxx Xxxxx Management Investment Advisor |
|||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: Xxxxxxx X. Xxxxxxx | ||||
Title: Vice President |
LENDERS: | XXXXX XXXXX CDO III, LTD. | |||
By: | Xxxxx Xxxxx Management Investment Advisor |
|||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: Xxxxxxx X. Xxxxxxx | ||||
Title: Vice President |
LENDERS: | XXXXX XXXXX CDO VI LTD. | |||
By: | Xxxxx Xxxxx Management As Investment Advisor |
|||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: Xxxxxxx X. Xxxxxxx | ||||
Title: Vice President |
LENDERS: | EMERALD ORCHARD LIMITED | |||
By: | /s/ Xxxx Xxxxxx | |||
Name: Xxxx Xxxxxx Title: Attorney In Fact |
LENDERS: | FLAGSHIP CLO 2001-I | |||
By: | Flagship Capital Management, Inc. | |||
By: | /s/ Xxxxxxx Xxxxxxxx | |||
Name: Xxxxxxx Xxxxxxxx Title: Director |
LENDERS: | FOOTHILL INCOME TRUST, L.P. | |||
By: | FIT GP, LLC | |||
Its General Partner | ||||
By: | /s/ Xxxx Xxxx | |||
Name: Xxxx Xxxx Title: Managing Member |
LENDERS: | FRANKLIN CLO III, LIMITED | |||
By: | /s/ Xxxxx Xxxxxx | |||
Name: Xxxxx Xxxxxx Title: Vice President |
LENDERS: | FRANKLIN CLO IV, LIMITED | |||
By: | /s/ Xxxxx Xxxxxx | |||
Name: Xxxxx Xxxxxx Title: Vice President |
LENDERS: | FRANKLIN FLOATING RATE DAILY ACCESS FUND |
|||
By: | /s/ Xxxxxxx Xxx | |||
Name: Xxxxxxx Xxx Title: Vice President |
LENDERS: | FRANKLIN FLOATING RATE TRUST | |||
By: | /s/ Xxxxxxx Xxx | |||
Name: Xxxxxxx Xxx Title: Vice President |
LENDERS: | FRANKLIN FLOATING RATE MASTER SERIES |
|||
By: | /s/ Xxxxxxx Xxx | |||
Name: Xxxxxxx Xxx Title: Vice President |
LENDERS: | XXXXXXX & CO. | |||
By: | Boston Management and Research As Investment Advisor | |||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: Xxxxxxx X. Xxxxxxx | ||||
Title: Vice President |
LENDERS: | GULF STREAM-COMPASS CLO 2003 LTD | |||
By: | Gulf Stream Asset Management LLC As Collateral Manager |
|||
By: | /s/ Xxxxx X. Love | |||
Name: Xxxxx X. Love | ||||
Title: Chief Credit Officer |
LENDERS: | GULF STREAM-COMPASS CLO 2002-1 LTD | |||
By: | Gulf Stream Asset Management LLC As Collateral Manager |
|||
By: | /s/ Xxxxx X. Love | |||
Name: Xxxxx X. Love | ||||
Title: Chief Credit Officer |
LENDERS: | XXXXXXXX CDO, Ltd. | |||
By: | Xxxxxxxxx Capital Partners LLC As its Collateral Manager |
|||
By: | /s/ Xxxxxxxxxxx X. Xxxxxx | |||
Name: Xxxxxxxxxxx X. Xxxxxx | ||||
Title: Managing Partner |
LENDERS: | HARBOUR TOWN FUNDING LLC | |||
By: | /s/ Xxxxxxxx X. Xxxxxxx | |||
Name: Xxxxxxxx X. Xxxxxxx | ||||
Title: Assistant Vice President |
LENDERS: | HARBOURVIEW CLO IV, LTD. | |||
By: | /s/ Xxxx Xxxxxxx | |||
Name: Xxxx Xxxxxxx Title: Manager |
LENDERS: | HARBOURVIEW CLO V, LTD. | |||
By: | /s/ Xxxx Xxxxxxx | |||
Name: Xxxx Xxxxxxx Title: Manager |
LENDERS: | ING SENIOR INCOME FUND | |||
By: | ING Investment Management, Co. As its investment manager | |||
By: | /s/ Xxxxxxx X. XxXxxxx, CFA | |||
Name: Xxxxxxx X. XxXxxxx, CFA | ||||
Title: Vice President | ||||
SEQUILS — PILGRIM I, LTD | ||||
By: | ING Investments, LLC As its investment manager |
|||
By: | /s/ Xxxxxxx X. XxXxxxx, CFA | |||
Name: Xxxxxxx X. XxXxxxx, CFA | ||||
Title: Vice President | ||||
PILGRIM CLO 1999-1 LTD. | ||||
By: | ING Investments, LLC | |||
As its investment manager | ||||
By: | /s/ Xxxxxxx X. XxXxxxx, CFA | |||
Name: Xxxxxxx X. XxXxxxx, CFA | ||||
Title: Vice President |
LENDERS: | INVESCO EUROPEAN CDO I S.A. | |||
By: | INVESCO Senior Secured Management, Inc. | |||
As Collateral Manager | ||||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: Xxxxxx Xxxxxxx Title: Authorized Signatory |
LENDERS: | LAND XXXX III CDO TD. | |||
By: | /s/ Xxxxx Xxxxxx | |||
Name: Xxxxx Xxxxxx Title: |
LENDERS: | LINCOLN NATIONAL LIFE $5,296,667 PAR Westlake Chemical |
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By: | /s/ Xxxxxx Xxxx | |||
Name: Xxxxxx Xxxx Title: Vice President |
LENDERS: | LONGHORN CDO III, LTD. | |||
By: | Xxxxxxx-Xxxxx Investment Managers, LP As Investment Advisor |
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By: | /s/ Omar Jama | |||
Name: Omar Jama Title: Authorized Signatory |
LENDERS: | LONG LANE MASTER TRUST II | |||
By: | /s/ Xxxxx X. Xxxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxxx | ||||
Title: Authorized Agent |
LENDERS: | LONG LANE MASTER TRUST IV | |||
By: | /s/ Xxx X. Xxxxxx | |||
Name: Xxx X. Xxxxxx | ||||
Title: Authorized Agent |
LENDERS: | MAPLEWOOD (CAYMAN) LIMITED | |||
By: | Babson Capital Management LLC Under Delegated Authority from Massachusetts Mutual Life Insurance Company as Investment Manager |
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By: | /s/ Xxxxxxx X. Xxxxx | |||
Name: Xxxxxxx X. Xxxxx | ||||
Title: Managing Director |
LENDERS: | MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY |
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By: | Babson Capital Management LLC As Investment Advisor |
|||
By: | /s/ Xxxxxxx X. Xxxxx | |||
Name: Xxxxxxx X. Xxxxx | ||||
Title: Managing Director |
LENDERS: | MONUMENT CAPITAL LTD. As Assignee | |||
By: | Alliance Capital Management L.P., As Investment Manager |
|||
By: | Alliance Capital Management Corporation, As General Partner |
|||
By: | /s/ Xxxx Xxxxxxxxxxx | |||
Name: Xxxx Xxxxxxxxxxx Title: Senior Vice President |
||||
NEW ALLIANCE GLOBAL CDO, LIMITED | ||||
By: | Alliance Capital Management L.P., As Sub-Advisor |
|||
By: | Alliance Capital Management Corporation, As General Partner |
|||
By: | /s/ Xxxx Xxxxxxxxxxx | |||
Name: Xxxx Xxxxxxxxxxx Title: Senior Vice President |
LENDERS: | NATIONWIDE MUTUAL INSURANCE COMPANY |
|||
By: | /s/ Xxxxxx X. Xxxxxxx | |||
Name: Xxxxxx X. Xxxxxxx | ||||
Title: Associate Vice President Publications |
LENDERS: | NYLIM FLATIRON CLO 2003-1 LTD. | |||
By: | New York Life Investment Management LLC As Collateral Manager and Attorney-In-Fact | |||
By: | /s/ F. Xxxxx Xxxxx | |||
Name: F. Xxxxx Xxxxx | ||||
Title: Director |
LENDERS: | OAK HILL CREDIT PARTNERS I, LIMITED | |||
By: | Oak Hill CLO Management I, LLC As Investment Manager |
|||
By: | /s/ Xxxxx X. Xxxxx | |||
Name: Xxxxx X. Xxxxx | ||||
Title: Authorized Person | ||||
OAK HILL CREDIT PARTNERS II, LIMITED | ||||
By: | Oak Hill CLO Management II, LLC As Investment Manager |
|||
By: | /s/ Xxxxx X. Xxxxx | |||
Name: Xxxxx X. Xxxxx | ||||
Title: Authorized Person |
LENDERS: | OLYMPIC CLO I | |||
By: | /s/ Xxxx X. Xxxxxxxxx | |||
Name: Xxxx X. Xxxxxxxxx | ||||
Title: Chief Operating Officer Centre Pacific, Manager |
LENDERS: | XXXXXXXXXXX FLOATING RATE FUND | |||
By: | /s/ Xxxx Xxxxxxx | |||
Name: Xxxx Xxxxxxx Title: Manager |
LENDERS: | ORIX FUNDING LLC | |||
By: | /s/ Xxxxxxxx X. Xxxxxxx | |||
Name: Xxxxxxxx X. Xxxxxxx | ||||
Title: Assistant Vice President |
LENDERS: | PACIFICA CDO II, LTD. | |||
By: | /s/ Xxxxxxx Xxxxx | |||
Name: Xxxxxxx Xxxxx Title: Senior Vice President |
LENDERS: | SANKATY ADVISORS, LLC As Collateral Manager for Race Point CLO, Limited, as Term Lender |
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By: | /s/ Xxxxx Xxxxx | |||
Name: Xxxxx Xxxxx Title: Managing Director Portfolio Manager |
LENDERS: | SANKATY ADVISORS, LLC As Collateral Manager for Race Point II CLO, Limited, as Term Lender |
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By: | /s/ Xxxxx Xxxxx | |||
Name: Xxxxx Xxxxx Title: Managing Director Portfolio Manager |
LENDERS: | SAGAMORE CLO LTD. | |||
By: | INVESCO Senior Secured Management, Inc. As Collateral Manager | |||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: Xxxxxx Xxxxxxx Title: Authorized Signatory |
LENDERS: | SARATOGA CLO I, LIMITED | |||
By: | INVESCO Senior Secured Management, Inc. As Asset Manager | |||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: Xxxxxx Xxxxxxx Title: Authorized Signatory |
LENDERS: | SEQUILS-LIBERTY, LTD. | |||
By: | INVESCO Senior Secured Management, Inc. As Collateral Manager | |||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: Xxxxxx Xxxxxxx Title: Authorized Signatory |
LENDERS: | SIMSBURY CLO, LIMITED | |||
By: | BABSON CAPITAL MANAGEMENT LLC Under delegated authority from Massachusetts Mutual Life Insurance Company As Collateral Manager |
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By: | /s/ Xxxxxxx X. Xxxxx | |||
Name: Xxxxxxx X. Xxxxx | ||||
Title: Managing Director |
LENDERS: | SKY CBNA LOAN FUNDING LLC | |||
By: | /s/ Xxxxxxx Xxxxxx | |||
Name: Xxxxxxx Xxxxxx Title: Attorney-In-Fact |
LENDERS: | XXXXXXXXX CARRERA CLO, LTD. | |||
By: | Xxxxxxxxx Capital Partners LLC As its Asset Manager |
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By: | /s/ Xxxxxxxxxxx X. Xxxxxx | |||
Name: Xxxxxxxxxxx X. Xxxxxx | ||||
Title: Managing Partner |
LENDERS: | XXXXXXXXX QUATTRO CLO, LTD. | |||
By: | Xxxxxxxxx Capital Partners LLC As its Asset Manager |
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By: | /s/ Xxxxxxxxxxx X. Xxxxxx | |||
Name: Xxxxxxxxxxx X. Xxxxxx Title: Managing Partner |
LENDERS: | SUNAMERICA SENIOR FLOATING RATE FUND INC. | |||
By: | Xxxxxxxxx Capital Partners LLC As its Sub Advisor |
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By: | /s/ Xxxxxxxxxxx X. Xxxxxx | |||
Name: Xxxxxxxxxxx X. Xxxxxx | ||||
Title: Managing Partner |
LENDERS: | TOLLI & CO. | |||
By: | Xxxxx Xxxxx Management As Investment Advisor |
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By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: Xxxxxxx X. Xxxxxxx | ||||
Title: Vice President |
LENDERS: | TORONTO DOMINION (NEW YORK), INC. | |||
By: | /s/ Xxxx Xxxxxx | |||
Name: Xxxx Xxxxxx Title: Vice President |
LENDERS: | VENTURE CDO 2002, LIMITED By its investment advisor MJX Asset Management LLC |
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By: | /s/ Xxxxxxx Xxxxxxx | |||
Name: Xxxxxxx Xxxxxxx Title: Director |
LENDERS: | VENTURE II CDO, LIMITED By its investment advisor MJX Asset Management LLC |
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By: | /s/ Xxxxxxx Xxxxxxx | |||
Name: Xxxxxxx Xxxxxxx Title: Director |