FIRST AMENDMENT TO CREDIT AGREEMENT
FIRST AMENDMENT
TO CREDIT AGREEMENT
TO CREDIT AGREEMENT
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of June ___,
2006, is by and among CALUMET LUBRICANTS CO., LIMITED PARTNERSHIP, an Indiana limited partnership
(the “Borrower”), the Guarantors signatories hereto, the financial institutions identified
on the signature pages hereto as lenders (collectively, “Lenders”), and BANK OF AMERICA,
N.A., as administrative agent for the Lenders (the “Administrative Agent”) and
Credit-Linked LC Issuer.
W I T N E S S E T H:
WHEREAS, pursuant to that certain Credit Agreement dated as of December 9, 2005 among the
Borrower, the Guarantors, the Lenders and the Administrative Agent (as amended, the “Existing
Credit Agreement”), the Lenders have extended commitments to make certain credit facilities
available to the Borrower;
WHEREAS, the Borrower has requested that the Lenders agree to amend certain provisions of the
Existing Credit Agreement; and
WHEREAS, the Administrative Agent and the Required Lenders are willing to make such amendments
upon the terms and conditions contained in this Amendment;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and in consideration of the agreements herein contained, the parties hereby
agree as follows:
PART I
DEFINITIONS
DEFINITIONS
SUBPART 1.1. Certain Definitions. Unless otherwise defined herein or the
context otherwise requires, the following terms used in this Amendment, including its
preamble and recitals, have the following meanings:
“Amended Credit Agreement” means the Existing Credit Agreement as
amended hereby.
“Amendment No. 1 Effective Date” is defined in Subpart
3.1.
SUBPART 1.2. Other Definitions. Unless otherwise defined herein or the
context otherwise requires, terms used in this Amendment, including its preamble and
recitals, have the meanings provided in the Amended Credit Agreement.
PART II
AMENDMENTS TO EXISTING CREDIT AGREEMENT
AMENDMENTS TO EXISTING CREDIT AGREEMENT
Effective on (and subject to the occurrence of) the Amendment No. 1 Effective Date, the
Existing Credit Agreement is hereby amended in accordance with this Part II. Except as so
amended, the Existing Credit Agreement shall continue in full force and effect.
SUBPART 2.1. Amendments to Section 1.1. Section 1.1 of the Existing Credit
Agreement is hereby amended by adding the following definitions in appropriate alphabetical
order:
Shreveport Capex Exclusion Limit — means an amount equal to the lesser
of (a) $150,000,000 and (b) the proceeds of the Equity Issuance by the MLP Parent
(including any underwriters’ option to purchase additional units in connection with
such Equity Issuance) described in the registration statement on Form S-1 filed by
the MLP Parent with the SEC on June 14, 2006, as amended from time to time
thereafter, which are contributed to a Guarantor and used to pay for the Shreveport
Initiative.
Shreveport Initiative — means the expansion of the manufacturing
capacity of the refinery owned and operated by one or more of the Consolidated
Parties and located in Shreveport, Louisiana.
SUBPART 2.2. Amendment to Section 8.11. Section 8.11 of the Existing Credit
Agreement is hereby deleted in its entirety and replaced with the following:
Permit Consolidated Capital Expenditures for any fiscal year to exceed (i) for
the period from the Closing Date through the end of fiscal year 2006, $40,000,000,
and (ii) for any fiscal year thereafter, $50,000,000; provided that, for the
purposes of the foregoing, Consolidated Capital Expenditures shall not include
capital expenditures in an amount of up to the Shreveport Capex Exclusion Limit made
in connection with the Shreveport Initiative (i) to the extent the applicable
Property acquired by the Consolidated Parties in connection with the Shreveport
Initiative constitutes Priority Collateral and (ii) so long as the Administrative
Agent shall have received all items in respect of the Property acquired in
connection with such capital expenditures required to be delivered by the terms of
Section 7.14). To the extent that any portion of the Consolidated Capital
Expenditures limitation (determined without giving effect to this sentence) is not
used during any fiscal year, such unused available amount may be carried forward and
used during the next fiscal year only; provided, however, that with
respect to any fiscal year, Consolidated Capital Expenditures made during such
fiscal year shall be deemed to be made first with respect to the applicable
limitation for such fiscal year and then with respect to any carry-forward from the
immediately preceding fiscal year.
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PART III
CONDITIONS TO EFFECTIVENESS
CONDITIONS TO EFFECTIVENESS
SUBPART 3.1. Amendment No. 1 Effective Date. This Amendment shall be and
become effective as of the date hereof (the “Amendment No. 1 Effective Date”) when
all of the conditions set forth in this Part III shall have been satisfied, and
thereafter this Amendment shall be known, and may be referred to, as the “First
Amendment.”
SUBPART 3.2. Execution of Counterparts of Amendment. The Administrative Agent
shall have received counterparts (or other evidence of execution, including telephonic
message, satisfactory to the Administrative Agent) of this Amendment, which collectively
shall have been duly executed on behalf of the Borrower, the Guarantors and the Required
Lenders.
SUBPART 3.3 Amendment Fee. The Borrower shall have paid or caused to be paid
an amendment fee to the Administrative Agent in connection with this Amendment for the
account of each Lender that shall have returned executed signature pages to this Amendment
no later than 5:00 p.m. on Wednesday, June 21, 2006, as directed by the Administrative
Agent, in an aggregate amount for each Lender equal to the product of (i) five (5) basis
points (0.0005) and (ii) the amount equal to the sum of (A) the amount of such Lender’s
Credit Linked Deposit plus (B) the outstanding Term Loans held by such Lender.
PART IV
MISCELLANEOUS
MISCELLANEOUS
SUBPART 4.1 Cross-References. References in this Amendment to any Part or
Subpart are, unless otherwise specified, to such Part or Subpart of this Amendment.
SUBPART 4.2. Instrument Pursuant to Existing Credit Agreement. This Amendment
is a Loan Document executed pursuant to the Existing Credit Agreement and shall (unless
otherwise expressly indicated therein) be construed, administered and applied in accordance
with the terms and provisions of the Amended Credit Agreement.
SUBPART 4.3. References in Other Agreements. At such time as this Amendment
shall become effective pursuant to the terms of Subpart 3.1, all references in the
Loan Documents to the “Credit Agreement” shall be deemed to refer to the Existing Credit
Agreement as amended by this Amendment.
SUBPART 4.4. Representations and Warranties of the Borrowers. Each Borrower
hereby represents and warrants that (a) it has the requisite power and authority to execute,
deliver and perform this Amendment, (b) it is duly authorized to, and has been authorized by
all necessary action, to execute, deliver and perform this Amendment, (c) the
representations and warranties contained in Article VI of the Existing Credit
Agreement
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(as amended by this Amendment) are true and correct in all material respects on and as of
the date hereof as though made on and as of such date and after giving effect to the
amendments contained herein (except for those which expressly relate to an earlier date) and
(d) no Default or Event of Default exists under the Existing Credit Agreement on and as of
the date hereof both before and after giving effect to the amendments contained herein.
SUBPART 5.5. Counterparts. This Amendment may be executed by the parties
hereto in several counterparts, each of which shall be deemed to be an original and all of
which shall constitute together but one and the same agreement. Delivery of executed
counterparts of this Amendment by telecopy shall be effective as an original and shall
constitute a representation that an original will be delivered.
SUBPART 5.6. Governing Law. THIS AMENDMENT SHALL BE DEEMED TO BE A CONTRACT
MADE UNDER AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT
TO THE CONFLICT OF LAW PRINCIPLES THEREOF.
SUBPART 5.7. Successors and Assigns. This Amendment shall be binding upon and
inure to the benefit of the parties hereto and their respective successors and assigns.
SUBPART 5.8. Costs and Expenses. The Borrowers agree to pay all reasonable
costs and expenses of the Administrative Agent in connection with the preparation, execution
and delivery of this Amendment, including without limitation the reasonable fees and
expenses of Xxxxx & Xxx Xxxxx, PLLC.
SUBPART 5.9. No Other Modification. Except to the extent specifically provided
to the contrary in this Amendment, all terms and conditions of the Existing Credit Agreement
and the other Loan Documents shall remain in full force and effect, without modification or
limitation.
[remainder of page intentionally left blank]
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Each of the parties hereto has caused a counterpart of this Amendment to be duly executed and
delivered as of the date first above written.
BORROWER: | CALUMET LUBRICANTS CO., LIMITED PARTNERSHIP | |||||||||
By: | Calumet LP GP, LLC, its general partner | |||||||||
By: | Calumet Operating, LLC, its sole member | |||||||||
By: | Calumet Specialty Products Partners, L.P., its sole member | |||||||||
By: | Calumet GP, LLC, its general partner | |||||||||
By: | /s/ R. Xxxxxxx Xxxxxx II | |||||||||
Name: | R. Xxxxxxx Xxxxxx II | |||||||||
Title: | VP & CFO | |||||||||
GUARANTORS: | CALUMET SHREVEPORT, LLC | |||||
By: | /s/ R. Xxxxxxx Xxxxxx II | |||||
Name: | R. Xxxxxxx Xxxxxx II | |||||
Title: | VP & CFO | |||||
CALUMET SHREVEPORT LUBRICANTS & WAXES, LLC | ||||||
By: | /s/ R. Xxxxxxx Xxxxxx II | |||||
Name: | R. Xxxxxxx Xxxxxx II | |||||
Title: | VP & CFO | |||||
CALUMET SHREVEPORT FUELS, LLC | ||||||
By: | /s/ R. Xxxxxxx Xxxxxx II | |||||
Name: | R. Xxxxxxx Xxxxxx II | |||||
Title: | VP & CFO | |||||
CALUMET SPECIALTY PRODUCTS PARTNERS, L.P. | ||||||
By: | Calumet GP, LLC, its general partner | |||||
By: | /s/ R. Xxxxxxx Xxxxxx II | |||||
Name: | R. Xxxxxxx Xxxxxx II | |||||
Title: | VP & CFO | |||||
CALUMET LP GP, LLC | ||||||||
By: | Calumet Operating, LLC, its sole member | |||||||
By: | Calumet Specialty Products Partners, L.P., its sole member | |||||||
By: | Calumet GP, LLC, its general partner | |||||||
By: | /s/ R. Xxxxxxx Xxxxxx II | |||||||
Name: | R. Xxxxxxx Xxxxxx II | |||||||
Title: | VP & CFO | |||||||
CALUMET OPERATING, LLC | ||||||
By: | Calumet Specialty Products Partners, L.P., its sole member | |||||
By: | Calumet GP, LLC, its general partner | |||||
By: | /s/ R. Xxxxxxx Xxxxxx II | |||||
Name: | R. Xxxxxxx Xxxxxx II | |||||
Title: | VP & CFO | |||||
CALUMET SALES COMPANY INCORPORATED | ||||||
By: | /s R. Xxxxxxx Xxxxxx II | |||||
Name: | R. Xxxxxxx Xxxxxx II | |||||
Title: | VP & CFO | |||||
ADMINISTRATIVE AGENT: | BANK OF AMERICA, N.A., as Administrative Agent | |||
By: | /s/ Xxxxxxxx Xxxxxx | |||
Name: | Xxxxxxxx Xxxxxx | |||
Title: | Officer, Agency Management |
Sandelman Finance 2006-1, Ltd. | ||||||
By: | /s/ Xxxxxxx Xxxxx | |||||
Name: | Xxxxxxx Xxxxx | |||||
Title: | Attorney-In-Fact | |||||
Airlie CLO 2006-1 | ||||||
[Insert Lender Name Above] | ||||||
By: | ||||||
Name: | ||||||
Title: | ||||||
LANDMARK CDO
LIMITED By: Aladdin Capital Management LLC, as Manager |
||||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||||
Name: | Xxxxxx Xxxxxxxxx | |||||
Title: | Director | |||||
LANDMARK III CDO
LIMITED By: Aladdin Capital Management LLC, as Manager |
||||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||||
Name: | Xxxxxx Xxxxxxxxx | |||||
Title: | Director | |||||
LANDMARK IV CDO
LIMITED By: Aladdin Capital Management LLC, as Manager |
||||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||||
Name: | Xxxxxx Xxxxxxxxx | |||||
Title: | Director | |||||
LANDMARK V CDO
LIMITED By: Aladdin Capital Management LLC, as Manager |
||||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||||
Name: | Xxxxxx Xxxxxxxxx | |||||
Title: | Director | |||||
LANDMARK VI CDO
LIMITED By: Aladdin Capital Management LLC, as Manager |
||||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||||
Name: | Xxxxxx Xxxxxxxxx | |||||
Title: | Director | |||||
LANDMARK VII CDO
LIMITED By: Aladdin Capital Management LLC, as Manager |
||||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||||
Name: | Xxxxxx Xxxxxxxxx | |||||
Title: | Director | |||||
Atlas Loan Funding
(Hartford), LLC By: Atlas Capital Funding, Ltd. By: Structured Asset Investors, LLC Its Investment Manager |
||||
By: | /s/ Xxxxx X. Xxxxx | |||
Name: | Xxxxx X. Xxxxx | |||
Title: | Associate |
AVENUE CLO FUND, LIMITED | ||||||
By: | /s/ Xxxxxxx X’Xxxxxxx | |||||
Name: | XXXXXXX X’XXXXXXX | |||||
Title: | SENIOR PORTFOLIO MANAGER | |||||
AVENUE CLO FUND II, LIMITED | ||||||
By: | /s/ Xxxxxxx X’Xxxxxxx | |||||
Name: | XXXXXXX X’XXXXXXX | |||||
Title: | SENIOR PORTFOLIO MANAGER | |||||
AVENUE CLO FUND III, LIMITED | ||||||
By: | /s/ Xxxxxxx X’Xxxxxxx | |||||
Name: | XXXXXXX X’XXXXXXX | |||||
Title: | SENIOR PORTFOLIO MANAGER | |||||
Flagship CLO II By: Deutsche Asset Management As Sub-Advisor |
||||
By: | /s/ Xxxxxxx Xxxxxxxx | |||
Name: | Xxxxxxx Xxxxxxxx | |||
Title: | Director | |||
By: | /s/ Xxxx Xxxxxxx | |||
Name: | Xxxx Xxxxxxx | |||
Title: | Vice President | |||
Flagship CLO III By: Deutsche Asset Management As Sub-Advisor |
||||
By: | /s/ Xxxxxxx Xxxxxxxx | |||
Name: | Xxxxxxx Xxxxxxxx | |||
Title: | Director | |||
By: | /s/ Xxxx Xxxxxxx | |||
Name: | Xxxx Xxxxxxx | |||
Title: | Vice President | |||
Flagship CLO IV By: Deutsche Asset Management As Sub-Advisor |
||||
By: | /s/ Xxxxxxx Xxxxxxxx | |||
Name: | Xxxxxxx Xxxxxxxx | |||
Title: | Director | |||
By: | /s/ Xxxx Xxxxxxx | |||
Name: | Xxxx Xxxxxxx | |||
Title: | Vice President | |||
Aurum CLO 2002-1, Ltd By: Deutsche Asset Management As Sub-Advisor |
||||
By: | /s/ Xxxxxxx Xxxxxxxx | |||
Name: | Xxxxxxx Xxxxxxxx | |||
Title: | Director | |||
By: | /s/ Xxxx Xxxxxxx | |||
Name: | Xxxx Xxxxxxx | |||
Title: | Vice President | |||
GMAC Commercial Finance, LLC |
||
By:
|
/s/ Xxxxxxx Xxxxx | |
Name:
|
Xxxxxxx Xxxxx | |
Title:
|
Vice President | |
Xxxx
Force 2 CLO, Ltd. By: GSO Capital Partners LP as Collateral Manager |
||
By:
|
/s/ Xxxxxxx Xxxxxx | |
Name:
|
Xxxxxxx Xxxxxx | |
Title:
|
Authorized Signatory | |
XXXXXX STRAITS CLO 2004, LTD. By: GSO Capital Partners LP as Collateral Manager |
|||
By:
|
/s/ Xxxxxxx Xxxxxx | ||
Name:
|
Xxxxxxx Xxxxxx | ||
Title:
|
Authorized Signatory |
FOXE BASIN CLO 2003, LTD. BY: GSO Capital Partners LP as Collateral Manager |
||
By:
|
/s/ Xxxxxxx Xxxxxx | |
Name:
|
Xxxxxxx Xxxxxx | |
Title:
|
Authorized Signatory | |
Xxxx Force 1 CLO,
Ltd. By: GSO Capital Partners LP as Collateral Manager |
||||||
By: | /s/ Xxxxxxx Xxxxxx | |||||
Name: | Xxxxxxx Xxxxxx | |||||
Title: | Authorized Signatory | |||||
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 | |||
GULF STREAM-COMPASS CLO 2003-1 LTD. By: Gulf Stream Asset Management LLC As Collateral Manager |
||||
By:
|
/s/ Xxxxx X. Love | |||
Name:
|
Xxxxx X. Love | |||
Title:
|
Chief Credit Officer | |||
GULF STREAM-COMPASS CLO 2004-1 LTD By: Gulf Stream Asset Management LLC As Collateral Manager |
||
By:
|
/s/ Xxxxx X. Love | |
Name:
|
Xxxxx X. Love | |
Title:
|
Chief Credit Officer | |
GULF
STREAM-COMPASS CLO 2005-II LTD By: Gulf Stream Asset Management, LLC As Collateral Manager |
||
By:
|
/s/ Xxxxx X. Love | |
Name:
|
Xxxxx X. Love | |
Title:
|
Chief Credit Officer | |
The Hartford Mutual Funds, Inc., on behalf of the Hartford Floating Rate Fund by Hartford
Investment Management Company, its subadvisor, as a lender, |
||||
By: | /s/ Adrayll Xxxxx | |||
Name: | Adrayll Xxxxx | |||
Title: | Assistant Vice President | |||
K.C. CLO II plc | ||||
[Insert Lender Name Above] |
||||
By: | /s/ Xxxxx Xxxxxxxx | |||
Name: | Xxxxx Xxxxxxxx | |||
Title: | Vice President |
LATITUDE CLO I, LTD | ||||
By: | /s/ Xxxxxxxx X. Xxxxxx, III | |||
Name: | Xxxxxxxx X. Xxxxxx, III | |||
Title: | CIO |
LATITUDE CLO II, LTD | ||||
By: | /s/ Xxxxxxxx X. Xxxxxx, III | |||
Name: | Xxxxxxxx X. Xxxxxx, III | |||
Title: | CIO |
Navigare Funding I CLO, Ltd. | ||||
By: | Navigare Partners LLC, | |||
Its Collateral Manager | ||||
By: | /s/ Xxxx X. Xxxxxxxxxxx | |||
Name: | Xxxx X. Xxxxxxxxxxx | |||
Title: | Managing Director |
Clydesdale Strategic CLO I, Ltd. | ||||
NOMURA CORPORATE RESEARCH |
[Insert Lender Name Above] |
|||
AND ASSET MANAGEMENT INC. | By: | /s/ Xxxxxxxxx XxxXxxx | ||
AS | Name: | Xxxxxxxxx XxxXxxx | ||
INVESTMENT MANAGER | Title: | Managing Director | ||
NCRAM Senior Loan Trust 2005 | ||||
NOMURA CORPORATE RESEARCH |
[Insert Lender Name Above] |
|||
AND ASSET MANAGEMENT INC. | By: | /s/ Xxxxxxxxx XxxXxxx | ||
AS | Name: | Xxxxxxxxx XxxXxxx | ||
INVESTMENT MANAGER | Title: | Managing Director | ||
Clydesdale CLO 2005, Ltd. | ||||||
[Insert Lender Name Above] | ||||||
NOMURA CORPORATE RESEARCH |
||||||
AND ASSET MANAGEMENT, INC.
|
By: | /s/ Xxxxxxxxx XxxXxxx | ||||
AS
|
Name: | Xxxxxxxxx XxxXxxx | ||||
INVESTMENT MANAGER
|
Title: | Managing Director | ||||
Clydesdale CLO 2004, Ltd. | ||||||
[Insert Lender Name Above] | ||||||
NOMURA
CORPORATE RESEARCH |
||||||
AND
ASSET MANAGEMENT INC.
|
By: | /s/ Xxxxxxxxx XxxXxxx | ||||
AS
|
Name: | Xxxxxxxxx XxxXxxx | ||||
INVESTMENT
MANAGER
|
Title: | Managing Director | ||||
Clydesdale CLO 2003, Ltd. | ||||||
[Insert Lender Name Above] | ||||||
NOMURA
CORPORATE RESEARCH |
||||||
AND
ASSET MANAGEMENT INC.
|
By: | /s/ Xxxxxxxxx XxxXxxx | ||||
AS
|
Name: | Xxxxxxxxx XxxXxxx | ||||
COLLATERAL
MANAGER
|
Title: | Managing Director | ||||
NCRAM Loan Trust | ||||||
[Insert Lender Name Above] | ||||||
NOMURA
CORPORATE RESEARCH |
||||||
AND
ASSET MANAGEMENT INC.
|
By: | /s/ Xxxxxxxxx XxxXxxx | ||||
AS
|
Name: | Xxxxxxxxx XxxXxxx | ||||
INVESTMENT
ADVISER
|
Title: | Managing Director | ||||
Centaurus Loan Trust | ||||||
[Insert Lender Name Above] | ||||||
NOMURA
CORPORATE RESEARCH |
||||||
AND
ASSET MANAGEMENT INC.
|
By: | /s/ Xxxxxxxxx XxxXxxx | ||||
AS
|
Name: | Xxxxxxxxx XxxXxxx | ||||
INVESTMENT
ADVISER
|
Title: | Managing Director | ||||
Ameriprise Certificate Company | ||
By: RiverSource Investments, LLC as Collateral Manager |
||
By:
|
/s/ Xxxxxx X. Xxxxxxx | |
Name:
|
Xxxxxx X. Xxxxxxx | |
Title:
|
Senior Managing Director |
IDS Life Insurance Company | ||
By: RiverSource Investments, LLC as Collateral Manager |
||
By:
|
/s/ Xxxxxx X. Xxxxxxx | |
Name:
|
Xxxxxx X. Xxxxxxx | |
Title:
|
Senior Managing Director |
Centurion CDO VI, Ltd. | ||||||
By: RiverSource Investments, LLC as | ||||||
Collateral Manager | ||||||
By: | /s/ Xxxxx X. Xxxxxxx | |||||
Name: | Xxxxx X. Xxxxxxx | |||||
Title: | Supervisor — Fixed Income |
Centurion CDO VII, Ltd. | ||||||
By: RiverSource Investments, LLC as | ||||||
Collateral Manager | ||||||
By: | /s/ Xxxxx X. Xxxxxxx | |||||
Name: | Xxxxx X. Xxxxxxx | |||||
Title: | Supervisor — Fixed Income |
Centurion CDO 8, Limited | ||||||
By: RiverSource Investments, LLC as | ||||||
Collateral Manager | ||||||
By: | /s/ Xxxxx X. Xxxxxxx | |||||
Name: | Xxxxx X. Xxxxxxx | |||||
Title: | Supervisor — Fixed Income |
Centurion CDO 9, Ltd. | ||||
By: RiverSource Investments, | ||||
LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Name: | Xxxxx X. Xxxxxxx | |||
Title: | Supervisor — Fixed Income |
Cent CDO 10 Limited | ||||
By: RiverSource Investments, LLC as | ||||
Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Name: | Xxxxx X. Xxxxxxx | |||
Title: | Supervisor — Fixed Income |
Cent CDO XI, Limited | ||||
By: RiverSource Investments, LLC as | ||||
Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Name: | Xxxxx X. Xxxxxxx | |||
Title: | Supervisor — Fixed Income |
Ocean Trust | ||||
By: RiverSource Investments, LLC as | ||||
Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Name: | Xxxxx X. Xxxxxxx | |||
Title: | Supervisor — Fixed Income |
Sequils-Centurion V, Ltd. | ||||
By: RiverSource Investments, LLC | ||||
as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Name: | Xxxxx X. Xxxxxxx | |||
Title: | Supervisor — Fixed Income |
ROSEDALE CLO,
LTD. By: Princeton Advisory Group, Inc. the Collateral Manager acting as attorney-in-fact |
||||||
[Insert Lender Name Above] | ||||||
By: | /s/ Xxxxxxxx Xxxxxx | |||||
Name: | Xxxxxxxx Xxxxxx | |||||
Title: | Vice President | |||||
ARCHIMEDES FUNDING IV (CAYMAN), LTD. | ||||
BY: | West Gate Horizons Advisors LLC, | |||
as Collateral Manager | ||||
BY: | /s/ Xxxxxx X. Xxxx | |||
Name: | XXXXXX X. XXXX | |||
Title: | SENIOR CREDIT ANALYST | |||
ENDURANCE CLO I, LTD | ||||
C/o West Gate Horizons Advisors LLC, | ||||
As Portfolio Manager | ||||
By: | /s/ Xxxxxx X. Xxxx | |||
Name: | XXXXXX X. XXXX | |||
Title: | SENIOR CREDIT ANALYST | |||
WG Horizons CLO I | ||||
By: | West Gate Horizons Advisors LLC, | |||
as Manager | ||||
BY: | /s/ Xxxxxx X. Xxxx | |||
Name: | XXXXXX X. XXXX | |||
Title: | SENIOR CREDIT ANALYST |
ACA CLO 2006-1, Limited | ||||||
[Insert Lender Name Above] | ||||||
By: | /s/ Xxxxxxx Xxxxxx | |||||
Name: | Xxxxxxx Xxxxxx | |||||
Title: | Managing Director | |||||
Xxxxxxx CBNA Loan
Funding LLC, for itself or as agent for Xxxxxxx CFPI Loan Funding LLC |
||||
By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | As Attorney In Fact |
FIRST TRUST/FOUR CORNERS SENIOR | ||||||
FLOATING RATE INCOME FUND II, | ||||||
as Lender | ||||||
By: | Four Corners Capital Management LLC, | |||||
As Sub-Adviser | ||||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||||
Name: | Xxxxxx Xxxxxxxxx, CFA | |||||
Title: | Sr. Vice President | |||||
FORTRESS PORTFOLIO TRUST, | ||||||
as Lender | ||||||
By: | Four Corners Capital Management LLC, | |||||
As Investment Manager | ||||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||||
Name: | Xxxxxx Xxxxxxxxx, CFA | |||||
Title: | Sr. Vice President | |||||
FOUR CORNERS CLO 2005-I, LTD., | ||||||
as Lender | ||||||
By: | Four Corners Capital Management LLC, | |||||
As Collateral Manager | ||||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||||
Name: | Xxxxxx Xxxxxxxxx, CFA | |||||
Title: | Sr. Vice President | |||||
Pacifica COO II, LTD | ||||||
[Insert Lender Name Above] | ||||||
By: | /s/ Olivier A. Tabouret | |||||
Name: | Olivier A. Tabouret | |||||
Title: | SVP | |||||
Pacifica COO V, LTD | ||||||
[Insert Lender Name Above] | ||||||
By: | /s/ Olivier A. Tabouret | |||||
Name: | Olivier A. Tabouret | |||||
Title: | SVP | |||||
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 | ||||||
[Insert Lender Name Above] | ||||||
By: | /s/ Xxxxxx Xxxxxxx | |||||
Name: | Xxxxxx Xxxxxxx | |||||
Title: | As Attorney In Fact | |||||
Four Corners CLO II, LTD. | ||||||
[Insert Lender Name Above] | ||||||
By: | /s/ Xxxxxxx Xxxxxxx | |||||
Name: | Xxxxxxx Xxxxxxx | |||||
Title: | As Attorney In Fact | |||||
LL WHISTLING STRAITS FUNDING LLC | ||||||
By: | /s/ M. Xxxxxxxx Xxxxxxx | |||||
Name: | M. Xxxxxxxx Xxxxxxx | |||||
Title: | Authorized Agent | |||||
CANADIAN IMPERIAL BANK OF COMMERCE |
||||
By: | /s/ Xxxx X’Xxxx | |||
Name: | Xxxx X’Xxxx | |||
Title: | Authorized Signatory | |||
By: | /s/ Shira Aschkenary | |||
Name: | Shira Aschkenary | |||
Title: | Authorized Signatory | |||
KINGSLAND I, LTD. | ||||
By: | /s/ XXXXXXX XXXXX | |||
Name: | XXXXXXX XXXXX | |||
AUTHORIZED OFFICER | ||||
Title: | KINGSLAND CAPITAL MANAGEMENT, LLC AS MANAGER |
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KINGSLAND II, LTD. | ||||
By: | /s/ XXXXXXX XXXXX | |||
Name: | XXXXXXX XXXXX | |||
Title: | AUTHORIZED OFFICER KINGSLAND CAPITAL MANAGEMENT, LLC AS MANAGER |
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