FIFTH AMENDMENT TO CREDIT AGREEMENT
Exhibit 4.9
FIFTH AMENDMENT TO CREDIT AGREEMENT
FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Fifth Amendment”), dated as of December 2, 2002, by and among XXXXXXXX N.V., a public limited liability company (naamloze vennootschap) organized under the laws of The Netherlands, with official seat in Maastricht, The Netherlands (the “Parent”), Xxxxxxxx US Inc., a Delaware corporation (the “Borrower”), the various Lenders party to the Credit Agreement referred to below, DEUTSCHE BANK SECURITIES INC., as lead arranger and sole book manager (in such capacities, the “Lead Arranger”), BNP PARIBAS (f/k/a Paribas), as syndication agent (in such capacity, the “Syndication Agent”), ABN AMRO BANK N.V., as documentation agent (in such capacity, the “Documentation Agent”), and DEUTSCHE BANK TRUST COMPANY AMERICAS (f/k/a Bankers Trust Company), as administrative agent (in such capacity, the “Administrative Agent” and, together with the Lead Arranger, the Syndication Agent and the Documentation Agent, collectively, the “Agents”). All capitalized terms used herein and not otherwise defined shall have the respective meanings provided such terms in the Credit Agreement referred to below.
WHEREAS, the Parent, the Borrower, the Lenders and the Agents are parties to a Credit Agreement, dated as of October 26, 1999 (as amended, modified or supplemented to, but not including, the date hereof, the “Existing Credit Agreement” and, as amended, modified or supplemented from time to time, including on the date hereof, the “Credit Agreement”);
WHEREAS, the parties hereto wish to amend, modify and supplement the Existing Credit Agreement as herein provided;
I. Amendments to the Credit Agreement
1. On and after the Fifth Amendment Effective Date, Section 4.02(d) of the Credit Agreement shall be amended by deleting the amount “$50,000,000” appearing in the first proviso appearing in said Section and inserting the following text in lieu thereof “ (i) $15,000,000 or (ii) if the Consolidated Leverage Ratio is less than or equal to 3.75:1.00 on the date of the respective Asset Sale (before giving effect to any application of the proceeds thereof), $50,000,000, it being understood and agreed that if this clause (ii) is applicable on the date of any Asset Sale but subsequently ceases to apply, at any time when this clause (ii) is not applicable the Net Sale Proceeds of Asset Sales previously made when this clause (ii) was applicable shall be permitted to be utilized as provided in this proviso (giving effect to this clause (ii)), but shall also be taken into account in determing whether additional Net Cash Proceeds of Asset Sales may be retained pursuant to clause (i) of this proviso (without the benefit of this clause (ii)), at times when clause (ii) is inapplicable”.
2. On and after the Fifth Amendment Effective Date, Section 4.02(e) of the Credit Agreement shall be amended by inserting the following sentence at the end of said Section:
“Notwithstanding anything to the contrary in this Section 4.02(e), if at the time of any incurrence of Indebtedness for borrowed money pursuant to Section 9.04(iii), or after giving effect thereto, the Consolidated Leverage Ratio is (or would be) greater than 3.75:1.00, the Parent and its Subsidiaries shall apply all cash proceeds (if any) received from such incurrence of Indebtedness for borrowed money pursuant to Section 9.04(iii) (other than unsecured Indebtedness of Subsidiaries of the Parent (which are not Subsidiaries of the Borrower) in an aggregate principal not to exceed $75,000,000, provided that such Indebtedness (i) is incurred by a Subsidiary of the Parent from local banks to the fund ongoing operations of such Subsidiary and (ii) does not have a final maturity date later than one-year from the date of the incurrence thereof), as provided in the immediately preceding sentence, but for this purpose as if the phrase “(other than Indebtedness permitted to be incurred pursuant to Section 9.04 as in effect on the Effective Date)” appearing therein were deleted.”
3. On and after the Fifth Amendment Effective Date, Section 4.02(f) of the Credit Agreement shall be amended by (i) deleting the word “and” appearing at the end of clause (i) of the proviso appearing in the first sentence of said Section and inserting a comma in lieu thereof and (ii) inserting the text “the Consolidated Leverage Ratio is less than 3.75:1.00 at the time of receipt by the Parent and its Subsidiaries, as the case may be, of the respective Permitted Receivables Transaction Proceeds (before giving effect to any application thereof) and (iii)” immediately following the reference “(ii)” appearing in said Section.
4. On and after the Fifth Amendment Effective Date, Section 6C of the Credit Agreement shall be amended by inserting the following new Section 6C.03:
“6C.03 Limitation on Cash on Hand. The obligation of each Lender with a Revolving Loan Commitment to make Revolving Loans, and the obligation of the Swingline Lender to make Swingline Loans, shall be subject to the satisfaction of the condition that at the time of each such making of a Revolving Loan or Swingline Loan and immediately after giving effect thereto the Parent and its Subsidiaries shall not hold cash and Cash Equivalents in an aggregate amount (after giving effect to the incurrence of such Credit Event and the application of proceeds therefrom and any other cash or Cash Equivalents on hand (to the extent such proceeds and/or other cash or Cash Equivalents are actually utilized by the Parent and/or any other Subsidiary of the Parent on the respective date of incurrence of the respective Credit Event for a permitted purpose other than an investment in Cash Equivalents)) in excess of $125,000,000.”
5. On and after the Fifth Amendment Effective Date, Section 8.01(a) of the Credit Agreement shall be amended by (i) inserting the text “(i) a statement of the Consolidated Indebtedness as of the end of such fiscal month and (ii) “ immediately preceding the text “preliminary flash consolidated income statement” appearing in said Section, (ii) inserting the text “and for the elapsed portion of the fiscal year ended with the last day of such fiscal month” immediately following the text “respective fiscal month” appearing in said Section, (iii) inserting
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the text “and the comparable figures for such fiscal month as set forth in the respective Projections delivered pursuant to Section 8.01(e)” immediately following the text “previous fiscal year” appearing in said Section.
6. On and after the Fifth Amendment Effective Date, Section 8.09(a) of the Credit Agreement shall be amended by inserting the following new text immediately at the end thereof:
“Notwithstanding anything to the contrary contained above in this Section 8.09(a), (i) the Equity Interests of one or more Wholly-Owned Domestic Subsidiaries of the Parent which are Qualified Subsidiary Guarantors may be owned by Xxxxxxxx International B.V. or another Wholly-Owned Domestic Subsidiary of the Parent which is a Qualified Subsidiary Guarantor and a direct or indirect holding company of the Borrower, so long as such Qualified Subsidiary Guarantors’ only assets are (x) Equity Interests in the Borrower of another Wholly-Owned Domestic Subsidiary of the Parent which is a direct or indirect holding company of the Borrower, (y) cash and Cash Equivalents and (z) amounts owed to such Qualified Subsidiary Guarantor pursuant to Intercompany Loans permitted by Sections 9.04(v) and (vi) and (ii) with the prior written consent of the Administrative Agent (which may be granted or withheld by the Administrative Agent in its sole discretion), 100% of the Equity Interests of Burhmann Silver US LLC may be transferred to (and thereafter at all times shall be owned by) Burhmann International B.V., in each case, so long as Burhmann International B.V. is (and remains) a Guarantor and immediately pledges all of the Equity Interests in such Qualified Subsidiary Guarantor or Burhmann Silver US LLC, as the case may be, to the Collateral Agent for the benefit of the Secured Creditors pursuant to a Pledge Agreement in form and substance satisfactory to the Collateral Agent and so long as Burhmann International B.V. takes all action in connection therewith as may be reasonably requested by the Collateral Agent (including the delivery of local counsel opinions and taking any other actions which may be deemed necessary or desirable to perfect the security interest described in this sentence).”
7. On and after the Fifth Amendment Effective Date, Section 8.09(b) of the Credit Agreement shall be amended by inserting the following sentence at the end of said Section:
“Notwithstanding anything to the contrary contained in this Section 8.09(b) or any Pledge Agreement, with the prior consent of the Administrative Agent (which may be granted or withheld by the Administrative Agent in its sole discretion), (x) Wholly-Owned Foreign Subsidiaries of the Parent shall be permitted to own Equity Interests in Qualified Obligors organized in a Qualified Juridiction (other than the United States), so long as (i) such Equity Interests are issued to such Wholly-Owned Foreign Subsidiary in exchange for assets equal to the fair market value of such Equity Interests and (ii) the assets contributed to such Qualified Obligor are promptly pledged to the Collateral Agent for the benefit of the Secured Creditors pursuant to existing Security Documents or, if deemed necessary or desirable by the Collateral Agent, new Security Documents in form and substance satisfactory to the Collateral Agent, (y) Wholly-Owned Foreign Subsidiaries which are not Qualified Obligors shall be permitted to issue Equity Interests
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to other Wholly-Owned Subsidiaries which are not Qualified Obligors, so long as such Equity Interests are issued to such Wholly-Owned Foreign Subsidiary in exchange for assets equal to the fair market value of such Equity Interests and (z) Qualified Obligors organized in Non-US Qualified Jurisdictions shall be permitted to issue Equity Interests to Qualified Obligors organized in Non-US Qualified Jurisdictions in exchange for assets equal to the fair market value of such Equity Interests, so long as (i) the Collateral Agent has a valid and perfected security interest in the Equity Interest so issued and (ii) the assets contributed to the respective Qualified Obligor are promptly pledged to the Collateral Agent for the benefit of the Secured Creditor pursuant to existing Security Documents or, if deemed necessary or desirable by the Collateral Agent, new Security Documents in form and substance satisfactory to the Collateral Agent; provided that the aggregate fair market value of all assets transferred pursuant to this sentence shall not exceed $400,000,000.”
8. On and after the Fifth Amendment Effective Date, Section 8.20(a) of the Credit Agreement shall be amended by inserting the text “(other than (i) of one or more Qualified Subsidiary Guarantors and (ii) Xxxxxxxx Silver US LLC, in each case, if same (x) have been transferred to, or are owned by, (A) Burhmann International B.V. or (B) a Wholly-Owned Domestic Subsidiary of the Parent which is Qualified Subsidiary Guarantor and a direct or indirect holding company of the Borrower, in accordance with provisions of Sections 8.09(a) and (y) continue to be held by Burhmann International B.V., or such Qualified Subsidiary Guarantor, as the case may be)” immediately preceding the period at the end of said Section.
9. On and after the Fifth Amendment Effective Date, Section 9.02(xvii) of the Credit Agreement shall be amended by inserting the text “(other than with respect to one or more Permitted Acquisitions consummated in any fiscal year of the Parent, where the aggregate consideration paid in connection therewith (determined in accordance with clause (z) below) does not exceed $15,000,000)” at the end of clause (y) appearing in said Section.
10. On and after the Fifth Amendment Effective Date, Section 9.03(viii) of the Credit Agreement shall be amended by (i) inserting the text “, it being understood and agreed that the aggregate amount of Dividends paid in respect of the Parent Preference Shares A in any fiscal year of the Parent pursuant to this clause (A) shall not exceed €11,200,000, provided that to the extent the aggregate amount of Dividends paid pursuant to this clause (A) are less than €11,200,000 in any fiscal year of the Parent (beginning with fiscal year 2002), the difference between the amount paid in such fiscal year and €11,200,000, may be carried forward and used to pay Dividends in respect of the Parent Preference Shares A in succeeding fiscal years” immediately preceding the comma at the end of clause (A) of said Section, (ii) inserting the reference “(i)” immediately preceding the text “in the case of each of foregoing” appearing in the third proviso in said Section and (iii) inserting the following text immediately preceding the semicolon at the end of said Section “and (ii) in the case of the foregoing clause (C) (including the provisos thereto), after giving effect to the respective payment of Dividends, the Consolidated Leverage Ratio shall be less than or equal to 3.75:1:00”.
11. On and after the Fifth Amendment Effective Date, Section 9.05(ii) of the Credit Agreement shall be amended by inserting the text immediately preceding the semicolon at the end of said Section:
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“, provided that at any time Revolving Loans or Swingline Loans are outstanding, the aggregate amount of cash and Cash Equivalents permitted to be held by Parent and its Subsidiaries shall not exceed $50,000,000 for any period of five (5) consecutive Business Days”.
12. On and after the Fifth Amendment Effective Date, Section 9.05(xiv) of the Credit Agreement shall be amended by (i) deleting the amount “$50,000,000” appearing in said Section and inserting the amount “$15,000,000” in lieu thereof and (ii) inserting the following proviso immediately preceding the period at the end of said Section:
“, provided that at any time the Consolidated Leverage Ratio is less than 3.75:1.00, (and will remain so after the making of each Investment made pursuant to this proviso), the amount set forth above in this clause (xiv) shall instead be deemed to be “50,000,000” (it being understood and agreed that, at any time when this proviso is not applicable, Investments made pursuant hereto shall be permitted to remain outstanding, but shall be taken into account in determining whether additional Investments may be made pursuant to this clause (xiv) (without the benefits of this proviso))”.
13. On and after the Fifth Amendment Effective Date, Section 9.08(a) of the Credit Agreement shall be amended by (i) deleting the table appearing in said Section in its entirety and inserting the following new table in lieu thereof:
Fiscal
Year of Parent |
|
Amount |
|
|
|
|
|
|
|
2002 |
|
$ |
121,000,000 |
|
|
|
|
|
|
2003 and thereafter |
|
$ |
105,000,000 |
|
and (ii) inserting the following text immediately following the end of the table appearing in said Section:
“; provided that at any time the Consolidated Leverage Ratio is less than or equal to 3.75:1.00, (and will remain so after the making of each Capital Expenditure made pursuant to this proviso), the amount set forth in the table above under the column “Amount” shall instead be deemed to be “$150,000,000” (it being understood and agreed that at any time when this proviso is not applicable, Capital Expenditures that were previously made in reliance upon this proviso shall be permitted, but shall be taken into account in determining whether additional Capital Expenditures may be made pursuant to this Section 9.08(a) (without the benefit of this proviso)).”
14. On and after the Fifth Amendment Effective Date, Section 9.08(b) of the Credit Agreement shall be amended by deleting the parenthetical clause “(beginning with fiscal year 2000)” and inserting the parethetical clause “(beginning with fiscal year 2002)” in lieu thereof.
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15. On and after the Fifth Amendment Effective Date, Section 9.09 of the Credit Agreement shall be amended by replacing the table entries for December 31, 2002 through and including the entry for December 31, 2003 and thereafter with the following new table entries:
Fiscal Quarter Ended Closest To |
|
Ratio |
|
|
|
|
|
December 31, 2002 |
|
2.45:1.00 |
|
|
|
|
|
March 31, 2003 |
|
2.25:1.00 |
|
June 30, 2003 |
|
2.15:1.00 |
|
September 30, 2003 |
|
2.20:1.00 |
|
December 31, 2003 |
|
2.20:1.00 |
|
|
|
|
|
March 31, 2004 and thereafter. |
|
3:00:1.00 |
|
16. On and after the Fifth Amendment Effective Date, Section 9.10 of the Credit Agreement shall be amended by replacing the table entries for September 30, 2003 and December 31, 2003 with the following new table entries:
Fiscal Quarter Ended Closest To |
|
Ratio |
|
|
|
|
|
September 30, 2003 |
|
0.95:1.00 |
|
December 31, 2003 |
|
0.90:1.00 |
|
17. On and after the Fifth Amendment Effective Date, Section 9.11 of the Credit Agreement shall be amended to read in its entirety as follows:
9.11 Maximum Consolidated Leverage Ratio. Each Credit Agreement Party agrees that it will not permit the Consolidated Leverage Ratio at any time during a period described below to be greater than the ratio set forth opposite such period below:
Period |
|
Ratio |
|
|
|
|
|
Last day of Parent’s fiscal quarter ended closest to September 30, 2002 to but excluding the last day of the Parent’s fiscal quarter ended closest to June 30, 2003 |
|
4.50:1.00 |
|
|
|
|
|
Last day of Parent’s fiscal quarter ended closest to June 30, 2003 to but excluding the last day of the Parent’s fiscal quarter ended closest to December 31, 2003 |
|
4.75:1.00 |
|
|
|
|
|
Last day of Parent’s fiscal quarter ended closest to December 31, 2003 to but excluding the last day of the Parent’s fiscal quarter ended closest to March 31, 2004 |
|
4.60:1.00 |
|
|
|
|
|
Thereafter |
|
3.00:1.00. |
|
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18. On and after the Fifth Amendment Effective Date, the definitions of “Applicable Commitment Commission Percentage” and “Applicable Margin” appearing in Section 11.01 of the Credit Agreement shall each be amended by deleting the chart appearing in said definitions and inserting the following chart in lieu thereof:
Consolidated |
|
Applicable Margin |
|
Applicable Margin |
|
Applicable Margin |
|
Applicable |
|
Applicable |
|
Greater than 4.50:1.00 |
|
2.750 |
% |
3.750 |
% |
3.500 |
% |
4.500 |
% |
0.500 |
% |
Greater than 4.25:1.00 but less than or equal to 4.50:1.00 |
|
2.500 |
% |
3.500 |
% |
3.250 |
% |
4.250 |
% |
0.500 |
% |
Greater than 3.75:1:00 but less than or equal to 4.25:1.00 |
|
2.250 |
% |
3.250 |
% |
3.000 |
% |
4.000 |
% |
0.500 |
% |
Greater than 3.25:1.00 but less than or equal to 3.75:1.00 |
|
1.375 |
% |
2.375 |
% |
2.250 |
% |
3.250 |
% |
0.500 |
% |
Greater than 2.75:1.00 but less than or equal to 3.25:1.00 |
|
1.125 |
% |
2.125 |
% |
2.250 |
% |
3.250 |
% |
0.500 |
% |
Greater than 2.25:1.00 but less than or equal to 2.75:1.00 |
|
0.875 |
% |
1.875 |
% |
2.250 |
% |
3.250 |
% |
0.500 |
% |
Less than or equal to 2.25:1.00 |
|
0.500 |
% |
1.500 |
% |
2.250 |
% |
3.250 |
% |
0.450 |
% |
Notwithstanding the foregoing, and for the avoidance of doubt, the Applicable Margins for the determination of the accrual of interest for all periods to (but excluding) the Fifth Amendment Effective Date shall be as set forth in the definition of “Applicable Margin” as in effect
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immediately prior to the Fifth Amendment Effective Date, with the foregoing to apply for all accruals of interest from (and including) the Fifth Amendment Effective Date.
19. On and after the Fifth Amendment Effective Date, the definition of “Consolidated EBITDA” appearing in Section 11.01 of the Credit Agreement shall be amended by (i) deleting the word “and” appearing at the end of clause (vi) of the second sentence of said definition and inserting a comma in lieu thereof and (ii) inserting the following text immediately preceding the period at the end of the second sentence of said definition:
“and (viii) one-time charges (including restructuring charges) occurring during such period to the extent not already included above; provided that Consolidated EBITDA for any period shall be reduced by the aggregate amount of all cash payments made during such period in respect of any amounts previously excluded pursuant to clauses (i), (iv), (v) and/or (viii) of this sentence, whether in such period or a prior period”.
20. On and after the Fifth Amendment Effective Date, the definition of “Minimum Required Consolidated Leverage Ratio” shall be amended by deleting said definition in its entirety and inserting the following new definition in lieu thereof:
“Minimum Required Consolidated Leverage Ratio” at any time shall mean the lesser of (i) the then applicable ratio as set forth in the table appearing in Section 9.11, adjusted, for all periods by decreasing the numerator (i.e., the first number appearing in each ratio) by 0.50 and (ii) 3:75:1.00.
21. On and after the Fifth Amendment Effective Date, the definition of “Permitted Acquisition” shall be amended by (i) deleting the text”, in the case of each $50 Million Permitted Acquisition,” appearing in clause (D) of said definition and (ii) inserting immediately prior to the period at the end of said definition the text “; provided however, that so long as no Default or Event of Default shall exist at the time of the respective Permitted Acquisition or after giving effect thereto, the Parent or its Wholly-Owned Subsidiaries may consummate one or more Permitted Acquisitions in any fiscal year of the Parent without complying with the conditions set forth in clauses (D) and (E) above (and the officer’s certificate, if any, required to be delivered pursuant to clause (G) above shall not be required to certify compliance with such conditions), so long as the aggregate consideration paid (determined as provided in clause (A) above) for all Permitted Acquisitions effected pursuant to this proviso during any fiscal year of the Parent does not exceed $15,000,000”.
II. Miscellaneous.
1. In order to induce the Lenders to enter into this Fifth Amendment, each of the Parent and the Borrower hereby represents and warrants to each of the Lenders that (i) all representations and warranties contained in the Credit Agreement and in the other Credit Documents are true and correct in all material respects on and as of the Fifth Amendment Effective Date and after giving effect to this Fifth Amendment (unless such representations and warranties relate to a specific earlier date, in which case such representations and warranties shall be true and correct as of such earlier date) and (ii) there exists no Default or Event of Default on the Fifth Amendment Effective Date after giving effect to this Fifth Amendment.
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2. The Parent and the Administrative Agent hereby acknowledge that the primary purpose of the amendment to the definition of “Consolidated EBITDA” contained in this Fifth Amendment is not to decrease the pricing under the Credit Agreement.
3. This Fifth 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.
4. This Fifth 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. A complete set of counterparts executed by all the parties hereto shall be lodged with the Borrower and the Administrative Agent.
5. THIS FIFTH 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, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
6. This Fifth Amendment shall become effective on the date (the “Fifth Amendment Effective Date”) when each of the Parent, the Borrower and the Required Lenders shall have signed a counterpart hereof (whether the same or different counterparts) and shall have delivered (including, without limitation, by usage of facsimile transmission) same to the Administrative Agent at its office located at 00 Xxxx 00xx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx. This Fifth Amendment and the agreements contained herein shall be binding on the successors and assigns of the parties hereto.
7. From 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 as amended, modified or supplemented hereby.
8. The Borrower hereby covenants and agrees that, so long as the Fifth Amendment Effective Date occurs, it shall pay to each Lender which executes and delivers to the Administrative Agent (or its designee) a counterpart hereof by 2:00 p.m. (New York time) on December 2, 2002 (or, if later, on the Fifth Amendment Effective Date), a non-refundable cash fee (the “Consent Fee”) in an amount equal to 0.25% of the aggregate outstanding principal amount of Term Loans (taking the Dollar Equivalent of any Euro Denominated Term Loans) and the Revolving Loan Commitment of such Lender, in each case as same is in effect on the Fifth Amendment Effective Date immediately prior to giving effect hereto, which fees shall be paid by the Borrower to the Administrative Agent for distribution to the Lenders not later than the second Business Day following the Fifth Amendment Effective Date.
* * *
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XXXXXXXX N.V. |
|
By: /s/ F. F. Waller |
|
Name: F. F. Xxxxxx |
|
Title: Chief Financial Officer |
|
By: /s/ X. Xxxxxx |
|
Name: X. Xxxxxx |
|
Title: Group Treasurer |
|
|
|
XXXXXXXX US INC., |
|
By: /s/ F. F. Waller |
|
Name: F. F. Xxxxxx |
|
Title: Executive President |
|
By: /s/ X. Xxxxxx |
|
Name: X. Xxxxxx |
|
Title: President/ Group Treasurer |
|
|
|
BANKERS TRUST COMPANY AMERICAS, |
|
Individually and as Administrative Agent |
|
By: /s/ Xxxxx X. XxXxxxx |
|
Name: Xxxxx X XxXxxxx |
|
Title: Director |
|
|
|
DEUTSCHE BANK SECURITIES INC., |
|
as Lead Arranger and Sole Book Manager |
|
By: /s/ Xxxxxx Xxxxxxx |
|
Name: Xxxxxx Xxxxxxx |
|
Title: Managing Director |
|
By: /s/ Xxxxxx X. Xxxxxx |
|
Name: Xxxxxx X. Xxxxxx |
|
Title: Managing Director |
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Acknowledged and Agreed to: |
|
Brabantse Poort B.V. |
|
Xxxxxxxx Financieringen B.V. (f/k/a KNP BT Financieringen B.V.) |
|
Xxxxxxxx Fined B.V. (f/k/a Finbelco B.V.) |
|
Xxxxxxxx II B.V. (f/k/a KNP XX XX B.V.) |
|
Xxxxxxxx International B.V. |
|
Xxxxxxxx Nederland B.V. |
|
Xxxxxxxx Nederland Holding B.V. (f/k/a Scadisbel B.V.) |
|
Xxxxxxxx Office Products Austria B.V. |
|
Xxxxxxxx Office Products Nederland BV (f/k/a/ Corporate Express Benelux B.V.) |
|
Xxxxxxxx Stafdiensten B.V. |
|
Xxxxxxxx-Xxxxxx B.V. |
|
Corporate Express Beverwijk B.V. |
|
Corporate Express Document Automatisering B.V. |
|
Corporate Express Europe B.V. (f/k/a BT Office Products Europe B.V.) |
|
Corporate Express Holding B.V. |
|
Xxxxxxx Kantoor Centrum BV |
|
DocVision B.V. |
|
Driem Papier BV |
|
Jonkers Internationaal B.V. |
|
KNP Nederland (Holding) B.V. |
|
KNP Nederland B.V. |
|
Papiermaatschappij Amsterdam-West B.V. |
|
Proost en Xxxxxx B.V. |
|
Rhosili Amsterdam C.V. |
|
Store Office Paper B.V. |
|
Tetterode-Nederland B.V. |
|
VRG Insurances B.V. |
|
|
|
|
|
By: /s/ Xxxxx van der Kooij |
|
Name: Xxxxx van der Kooij |
|
Title: Proxy Holder |
|
On behalf of each of the above Subsidiary Guarantors |
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Acknowledged and Agreed to: |
|
Xxxxxxxx Beteiligungen Deutschland GmbH |
|
Xxxxxxxx Holding GmbH & Co. KG |
|
Xxxxxxxx Holding Verwaltungs GmbH |
|
Corporate Express Deutschland GmbH (f/k/a Xxxxxxxx Office Products Deutschland GmbH) |
|
Corporate Express Deutschland GmbH & Co. Vertriebs KG (f/k/a Xxxxxxxx |
|
Office Products GmbH & Co. Vertriebs KG) |
|
Corporate Express GmbH (f/k/a Büroeinrichtungshaus Xxxx GmbH) |
|
Corporate Express GmbH (f/k/a Xxxxxx Büromatic GmbH) |
|
Corporate Express Verwaltungs GmbH (f/k/a Xxxxxxxx Office Products Verwaltungs GmbH) |
|
Deutsche Papier Grundstücks GmbH & Co. KG |
|
Deutsche Papier Holding GmbH |
|
Deutsche Papier Vertriebs GmbH |
|
FSMA Verwaltungs-und Beteiligungs GmbH |
|
Xxxxxx Fröhlen Papiergrosshandlung - Xxxxx Xxxxxxxxx Import Export GmbH |
|
|
|
|
|
By: /s/ Xxxxx Van der Kooij |
|
Name: Xxxxx van der Kooij |
|
Title: Proxy Holder |
|
On Behalf of each of the above |
|
Subsidiary Guarantors |
|
|
|
Acknowledged and Agreed to: |
|
Xxxxxxxx Europcenter N.V. |
|
By: /s/ Xxxxx van der Kooij |
|
Name: Xxxxx van der Kooij |
|
Title: Proxy Holder |
|
On Behalf of the above Subsidiary Guarantor |
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Acknowledged and Agreed to: |
|
Adhesive and Display Products Ltd. |
|
Xxxxxxxx UK Ltd. |
|
Contract Paper Ltd. |
|
Copygraphic Plc. |
|
Corporate Express (Holdings) Ltd. |
|
Xxxxxx Xxxxx Paper Ltd. |
|
The Xxxxxx Xxxxx Paper Group Ltd. |
|
X. Xxxxxx & Company Ltd. |
|
The M6 Paper Group Ltd. |
|
Pinnacle Film & Board Sales Ltd. |
|
Ramchester Furnishings International Ltd. |
|
Retail Concept Packaging Ltd. |
|
Xxxxxx Xxxxx Group Plc. |
|
Xxxxxx Xxxxx Paper Company Ltd. |
|
Savory Paper Ltd. |
|
Trade Paper Ltd. |
|
|
|
By: /s/ Xxxxx van der Kooij |
|
Name: Xxxxx van der Kooij |
|
Title: Proxy Holder |
|
On Behalf of each of the above Subsidiary Guarantors |
13
Acknowledged and Agreed to: |
|
ASAP Software Express, Inc. |
|
BTOP USA Corp. |
|
BTOPI Holding (U.S.) |
|
Xxxxxxxx Swaps, Inc. |
|
Corporate Express Delivery Systems - Expedited, Inc. |
|
Corporate Express Document & Print Management Inc. |
|
Corporate Express Office Products, Inc. |
|
Corporate Express of Texas, Inc. |
|
Corporate Express Promotional Marketing, Inc. |
|
Corporate Express Real Estate, Inc. |
|
Distribution Resources Co. |
|
Xxxxx Paper Company |
|
Xxxxx Labels, Inc. |
|
License Technologies Group, Inc. |
|
Corporate Express Philadelphia Real Estate. Inc. |
|
|
|
By: /s/ Xxxxx van der Kooij |
|
Name: Xxxxx van der Kooij |
|
Title: Proxy Holder |
|
On Behalf of each of the above Subsidiary Guarantors |
14
ABN AMRO Bank |
|
By: /s/ F.L.D. Mivard |
|
Name: F.L.D. Mivard |
|
Title: SENIOR VICE PRESIDENT |
|
|
|
|
|
AERTES FINANCE-II LTD |
|
By: INVESCO Senior Secured Management, Inc. |
|
as Sub-ManagingAgent |
|
By: /s/ |
|
Name: |
|
Title: |
|
|
|
|
|
AIM FLOATING RATE FUND |
|
By: INVESCO Senior Secured Management, Inc. |
|
As Attorney in fact |
|
By: /s/ |
|
Name: |
|
Title: |
|
|
|
|
|
AIMCO CDO SERIES 2000-A |
|
By: /s/ Xxxxx Xxxxxxx |
|
Name: Xxxxx Xxxxxxx |
|
Title: Authorized Signatory |
|
By: /s/ Xxxxxxx X. Even |
|
Name: Xxxxxxx X. Even |
|
Title: Authorized Signatory |
|
|
|
|
|
AIMCO CDO SERIES 2001-A |
|
By: /s/ Xxxxx Xxxxxxx |
|
Name: Xxxxx Xxxxxxx |
|
Title: Authorized Signatory |
|
By: /s/ Xxxxxxx X. Even |
|
Name: Xxxxxxx X. Even |
|
Title: Authorized Signatory |
15
ALLSTATE LIFE INSURANCE COMPANY |
|
By: /s/ Xxxxx Xxxxxxx |
|
Title: Authorized Signatory |
|
Name: Xxxxx Xxxxxxx |
|
By: /s/ Xxxxxxx X. Even |
|
Name: Xxxxxxx X. Even |
|
Title: Authorized Signatory |
|
|
|
|
|
AMERICAN EXPRESS CERTIFICATE COMPANY |
|
By: American Express Asset Management Group Inc. as Collateral Manager |
|
By: /s/ Xxxxxx X. Xxxxxx |
|
Name: Xxxxxx X. Xxxxxx |
|
Title: Managing Director |
|
|
|
|
|
ARCHIMEDES FUNDING, LLC. |
|
BY: ING Capital Advisors LLC., as Collateral Manager |
|
By: /s/ Xxxxxx Xxxx |
|
Name: Xxxxxx Xxxx |
|
Title: Senior Vice President & Portfolio Manager |
|
|
|
|
|
ARCHIMEDES FUNDING II, LTD. |
|
BY: ING Capital Advisors LLC., as Collateral Manager |
|
By: /s/ Xxxxxx Xxxx |
|
Name: Xxxxxx Xxxx |
|
Title: Senior Vice President & Portfolio Manager |
|
|
|
|
|
ARCHIMEDES FUNDING III, LTD. |
|
BY: ING Capital Advisors LLC., as Collateral Manager |
|
By: /s/ Xxxxxx Xxxx |
|
Name: Xxxxxx Xxxx |
|
Title: Senior Vice President & Portfolio Manager |
16
ARCHIMEDES FUNDING IV (CAYMAN), LTD. |
|
BY: ING Capital Advisors LLC., as Collateral Manager |
|
By: /s/ Xxxxxx Xxxx |
|
Name: Xxxxxx Xxxx |
|
Title: Senior Vice President & Portfolio Manager |
|
|
|
|
|
Ares III CLO Ltd. |
|
By: Ares CLO Management, LLC |
|
Its: Investment Manager |
|
By: /s/ Xxxx X. Xxxxxxx |
|
Name: Xxxx X. Xxxxxxx |
|
Title: Vice President |
|
|
|
|
|
Ares IV CLO LTD. |
|
By: Ares CLO Management IV, L.P. |
|
Its: Investment Manager |
|
By: Ares CLO XX XX, LLC |
|
Its: Managing Member |
|
By: /s/ Xxxx X. Xxxxxxx |
|
Name: Xxxx X. Xxxxxxx |
|
Title: Vice President |
|
|
|
|
|
Ares V CLO Ltd. |
|
By: Ares CLO GP V, LLC |
|
Its: Managing Member |
|
By: /s/ Xxxx X. Xxxxxxx |
|
Name: Xxxx X. Xxxxxxx |
|
Title: Vice President |
|
|
|
|
|
Ares VI CLO Ltd. |
|
By: Ares CLO GP VI, LLC |
|
Its: Managing Member |
|
By: /s/ Xxxx X. Xxxxxxx |
|
Name: Xxxx X. Xxxxxxx |
|
Title: Vice President |
17
AVALON CAPITAL LTD. |
|
By: INVESCO Senior Secured Management, Inc. as Portfolio Advisor |
|
By: /s/ |
|
Name: |
|
Title: |
|
|
|
|
|
AVALON CAPITAL LTD. 2 |
|
By: INVESCO Senior Secured Management, Inc. as Portfolio Advisor |
|
By: /s/ |
|
Name: |
|
Title: |
|
|
|
|
|
AXA INVESTMENT MANAGERS PARIS S.A. |
|
for and on behalf of |
|
CONCERTO I B.V. |
|
By: /s/ Xxxxxxxx Xxxxx |
|
Name: Xxxxxxxx XXXXX |
|
Title: |
|
By: /s/ Xxxxxxxx Xxxxx |
|
Name: Xxxxxxxx Xxxxx |
|
Title: |
|
|
|
|
|
AXA INVESTMENT MANAGERS PARIS S.A. |
|
for and on behalf of |
|
CONCERTO 2 B.V. |
|
By: /s/ Xxxxxxxx Xxxxx |
|
Name: Xxxxxxxx Xxxxx |
|
Title: |
|
By: /s/ Xxxxxxxx Xxxxx |
|
Name: Xxxxxxxx Xxxxx |
|
Title: |
18
AXA INVESTMENT MANAGERS PARIS S.A. |
|
for and on behalf of |
|
ECU EUK CREDIT PLUS CDO B.V. |
|
By: /s/ Xxxxxxxx Xxxxx |
|
Name: Xxxxxxxx Xxxxx |
|
Title: |
|
By: /s/ Xxxxxxxx Xxxxx |
|
Name: Xxxxxxxx Xxxxx |
|
Title: |
|
|
|
|
|
BALANCED HIGH-YIELD FUND II, LTD. |
|
By: ING Capital Advisors LLC |
|
as Asset Manager |
|
By: /s/ Xxxxxx Xxxx |
|
Name: Xxxxxx Xxxx |
|
Title: Senior Vice President & Portfolio Manager |
|
|
|
|
|
BANK AUSTRIA CREDITANSTALT AG |
|
By: /s/ Xxxxxx Xxxxxxx |
|
Name: Xxxxxx Xxxxxxx |
|
Title: General Manager |
|
By: /s/ Xxxxxx Xxxxxxx |
|
Name: Xxxxxx Xxxxxxx |
|
Title: Senior Manager |
|
|
|
|
|
THE BANK OF NEW YORK |
|
By: /s/ Xxxxxx Xxxxxx |
|
Name: Xxxxxx Xxxxxx |
|
Title: Vice President |
|
|
|
|
|
BANK POLSKA KASA OPIEKI SA, |
|
By: /s/ Xxxxx X. Xxxxx |
|
Name: Xxxxx X. Xxxxx |
|
Title: Vice President |
19
BANCO COMERCIAL PORTUGUES |
|
By: /s/ Xxxx Xxxxxxx |
|
Name: Xxxx Xxxxxxx |
|
Title: Deputy General Manager |
|
By: /s/ Xxxxxx Male |
|
Name: Xxxxxx Male |
|
Title: Senior Manager |
|
|
|
|
|
BARCLAYS CAPITAL |
|
By: /s/ Xxx Xxxxxxxxx |
|
Name: Xxx Xxxxxxxxx |
|
Title: Managing Director |
|
|
|
|
|
BARCLAYS CAPITAL ASSET MANAGEMENT |
|
acting as advised to The Funds |
|
By: /s/ Xxxxx Xxxxxxxx |
|
Name: Xxxxx Xxxxxxxx |
|
Title: Portfolio Manager |
|
The Funds: |
|
Bleu Eagle CDO I S.A. |
|
Jubilee CDO I B.V. |
|
Jubilee CDO II B.V. |
|
|
|
|
|
XXXXXXXXX PARK CBO I |
|
By: General Re - New England Asset Management, Inc., as Collateral Manager |
|
By: /s/ Xxxx Borworth |
|
Name: Xxxx Borworth |
|
Title: Vice President |
|
|
|
Battery Park CDO, Limited |
|
|
|
|
|
By: Nomura Corporate Research and Asset Management, Inc., as Investment Advisor |
|
By: /s/ Xxxxxxxxx XxxXxxx |
|
Name: Xxxxxxxxx XxxXxxx |
|
Title: Vice President |
20
Xxxxxxx CDO L.P. |
|
By: /s/ Xxxxxxx Xxxxx |
|
Name: Xxxxxxx Xxxxx |
|
Title: Fund Controller |
|
|
|
|
|
BNP PARIBAS |
|
By: /s/ Xxx X. Xxxxxxx |
|
Name: XXX X. XXXXXXX |
|
Title: MANAGING DIRECTOR |
|
By: /s/ Xxxxx X. Xxxxx |
|
Name: XXXXX X. XXXXX |
|
Title: DIRECTOR |
|
|
|
|
|
Bryn Mawr CLO, Ltd |
|
By: Deerfield Capital Management LLC as its Collateral Manager |
|
By: /s/ Xxxx X. Xxxxxxxxx |
|
Name: XXXX X. XXXXXXXXX |
|
Title: SR. VICE PRESIDENT |
|
|
|
|
|
CAPTIVA FINANCE LTD., Lender |
|
By: /s/ Xxxxx Xxxx |
|
Name: Xxxxx Xxxx |
|
Title: Director |
|
|
|
|
|
Carlyle High Yield Partners, L.P. |
|
By: /s/ Xxxxx Xxxx |
|
Name: XXXXX XXXX |
|
Title: PRINCIPAL |
|
|
|
|
|
Carlyle High Yield Partners II, Ltd |
|
By: /s/ Xxxxx Xxxx |
|
Name: XXXXX XXXX |
|
Title: PRINCIPAL |
21
Carlyle High Yield Partners III, Ltd |
|
By: /s/ Xxxxx Xxxx |
|
Name: XXXXX XXXX |
|
Title: PRINCIPAL |
|
Carlyle High Yield Partners IV, Ltd |
|
By: /s/ Xxxxx Xxxx |
|
Name: XXXXX XXXX |
|
Title: PRINCIPAL |
|
|
|
|
|
Centrale Coöperatieve Raiffeisen-Boerenleenbank B.A. |
|
(RABOBANK NEDERLAND) |
|
By: /s/ Cees de Vries |
|
Name: Cees de Vries |
|
Title: Proxy AB |
|
By: /s/ Xxxx X. xxx Xxxxxx |
|
Name: Xxxx X. xxx Xxxxxx |
|
Title: Proxy B |
|
|
|
|
|
CENTURION CDO I, LIMITED |
|
By: American Express Asset Management Group Inc. As Collateral Manager |
|
By: /s/ Xxxxxx Stravakis |
|
Name: Xxxxxx Stravakis |
|
Title: Director Operations |
|
|
|
CENTURION CDO III, LIMITED |
|
By: American Express Asset Management Group Inc. As Collateral Manager |
|
By: /s/ Xxxxxx Stravakis |
|
Name: Xxxxxx Stravakis |
|
Title: Director Operations |
22
CENTURION CDO VI, LIMITED |
|
By: American Express Asset Management Group Inc. As Collateral Manager |
|
By: /s/ Xxxxxx Stravakis |
|
Name: Xxxxxx Stravakis |
|
Title: Director Operations |
|
|
|
|
|
CERES FINANCE LTD. |
|
By: INVESCO Senior Secured Management, Inc. as Sub-Managing Agent |
|
By: /s/ |
|
Name: |
|
Title:Operations |
|
|
|
|
|
CHARTER VIEW PORTFOLIO |
|
By: INVESCO Senior Secured Management, Inc. as Investment Advisor |
|
By: /s/ |
|
Name: |
|
Title: |
|
|
|
|
|
Chinatrust Commercial Bank Ltd., New York Branch |
|
By: /s/ Xxxx Xxx |
|
Name: Xxxx Xxx |
|
Title: SVP & Lending Manager |
|
|
|
|
|
Clydesdale CBO I, LTD. |
|
By: Nomura Corporate Research and Asset Management, Inc., as Investment Advisor |
|
By: /s/ Xxxxxxxxx XxxXxxx |
|
Name: Xxxxxxxxx XxxXxxx |
|
Title: Vice president |
23
Clydesdale CLO 2001-I, LTD |
|
By: Nomura Corporate Research and Asset Management, Inc., as Collateral Manager |
|
By: /s/ Xxxxxxxxx XxxXxxx |
|
Name: Xxxxxxxxx XxxXxxx |
|
Title: Vice president |
|
|
|
COMERICA BANK |
|
By: /s/ Xxxxxx X. Xxxxxxx |
|
Name: XXXXXX X. XXXXXXX |
|
Title: Vice President |
|
|
|
COMMERZBANK (NEDERLAND) N.V. |
|
By: /s/ R. Rutloh |
|
Name: R. Rutloh |
|
Title: Managing Director |
|
By: /s/ X. Xxxxxxxx |
|
Name: X. Xxxxxxxx |
|
Title: Managing Director |
|
|
|
|
|
CREDIT INDUSTRIEL & COMMERCIAL |
|
By: /s/ Arnaud de Gromard |
|
Name: Arnaud de GROMARD |
|
Title: Senior Vice president |
|
By: /s/ Xxxxxx Xxxxxxx |
|
Name: Xxxxxx XXXXXXX |
|
Title: Director |
|
|
|
|
|
CypressTree Investment Management Company, Inc. |
|
As: Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager |
|
By: /s/ Xxxxxxx Xxxxx |
|
Name: Xxxxxxx Xxxxx |
|
Title: Principal |
24
CypressTree Investment Partners II, LTD. |
|
By: CypressTree Investment Management Company, Inc. as Portfolio Manager |
|
By: /s/ Xxxxxxx Xxxxx |
|
Name: Xxxxxxx Xxxxx |
|
Title: Principal |
|
|
|
Debt Strategies Fund, Inc.. |
|
By: /s/ Xxxxxxx Xxxxxxx |
|
Name: Xxxxxxx Xxxxxxx |
|
Title: AUTHORIZED SIGNATORY |
|
|
|
DANSKE BANK A/S |
|
By: /s/ X.X. Xxxxxx |
|
Name: X.X. Xxxxxx |
|
Title: SENIOR MANAGER |
|
By: /s/ X. Xxxxxxx |
|
Name: X. Xxxxxxx |
|
Title: MANAGER |
|
DRESDNER BANK LUXEMBOURG S.A. |
|
By: /s/ X. Xxxxxxxxx |
|
Name: X. Xxxxxxxxx |
|
Title: Senior Manager |
|
By: /s/ X. Xxxxxxxx |
|
Name: X. Xxxxxxxx |
|
Title: Assistant Manager |
|
|
|
XXXXXX LEVERAGED LOAN CDO 2002-II |
|
by: Prudential Investment Management, Inc., as Collateral Manager |
|
By: /s/ B. Xxxx Xxxxx |
|
Name: B. Xxxx Xxxxx |
|
Title: Vice President |
|
|
|
|
|
DUCHESS I CDO S.A. |
|
By: /s/ Xxx Xxxxxxxx |
|
Name: Xxx Xxxxxxxx |
|
Title: Chief Executive |
|
Duke Street Capital Debt Management Ltd |
25
ELT LTD. |
|
By: /s/ Xxx X. Xxxxxx |
|
Name: XXX X. XXXXXX |
|
Title: AUTHORIZED AGENT |
|
|
|
|
|
ENDURANCE CLO I, LTD. |
|
c/o ING Capital Advisors LLC. |
|
as Collateral Manager |
|
By: /s/ Xxxxxx Xxxx |
|
Name: Xxxxxx Xxxx |
|
Title: Senior Vice President & Portfolio Manager |
|
|
|
|
|
EUROCREDIT CDO II BV |
|
By: /s/ Xxxx Halbard |
|
Name: Xxxx Halbard |
|
Title: Under Power of Attorney |
|
|
|
|
|
FLEET NATIONAL BANK |
|
By: /s/ Marwan Isbaih |
|
Name: MARWAN ISBAIH |
|
Title: Director |
|
|
|
FOR AND ON BEHALF OF ING CAPITAL MANAGEMENT, LTD AS COLLATERAL MANAGER FOR COPERNICUS CDO-I B.V. |
|
By: /s/ Xxxxxx Guelovani |
|
Name: Xxxxxx Guelovani |
|
Title: Vice President |
|
|
|
FORTIS CAPITAL CORP. |
|
By: /s/ Xxxxxxx Xxxxx |
|
Name: Xxxxxxx Xxxxx |
|
Title: Vice President |
|
By: /s/ Xxxxx Xxxx |
|
Name: Xxxxx Xxxx |
|
Title: Managing Director |
26
FRANKLIN CLO I, LTD. |
|
By: /s/ Xxxxxxx Xxx |
|
Name: Xxxxxxx Xxx |
|
Title: Vice President |
|
|
|
|
|
FRANKLIN CLO II, Limted |
|
By: /s/ Xxxxxxx Xxx |
|
Name: Xxxxxxx Xxx |
|
Title: Vice President |
|
|
|
|
|
FRANKLIN CLO III, Limted |
|
By: /s/ Xxxxxxx Xxx |
|
Name: Xxxxxxx Xxx |
|
Title: Vice President |
|
|
|
FRANKLIN FLOATING RATE TRUST |
|
By: /s/ Xxxxxxx Xxx |
|
Name: Xxxxxxx Xxx |
|
Title: Vice President |
|
|
|
|
|
GENERAL ELECTRIC CAPITAL CORPORATION |
|
By: /s/ W. Xxxxxx XxXxxxxxx |
|
Name: W. XXXXXX XxXXXXXXX |
|
Title: DULY AUTHORIZED SIGNATORY |
|
XXXXXXX XXXXX CREDIT PARTNERS L.P. |
|
By: /s/ Xxxxxx XxXxxxxxx |
|
Name: Xxxxxx XxXxxxxxx |
|
Title: Authorized Signatory |
|
|
|
|
|
XXXXXXXX CDO, LTD. |
|
By: Xxxxxxxxx Capital Partners LLC |
|
As its Collateral Manager |
|
By: /s/ Xxxxxxx X. Xxxxx |
|
Name: Xxxxxxx X. Xxxxx |
|
Title: Partner |
27
Harbourmaster Loan Corporation B.V. |
|
By: /s/ |
|
Name: TMF Management |
|
Title: Managing Director |
|
HARBOUR TOWN FUNDING TRUST |
|
By: /s/ Xxx X. Xxxxxx |
|
Name: XXX X. XXXXXX |
|
Title: AUTHORIZED AGENT |
|
|
|
|
|
Xxxxxx Financial, Inc |
|
By: /s/ Xxxxxx XxXxxxxxx |
|
Name: W. Xxxxxx XxXxxxxxx |
|
Title: Duly Authorized Signatory |
|
|
|
XXXXXXXXX GLOBAL INVESTORS LIMITED |
|
For and on behalf of Aquilae CDO I SA |
|
By: /s/ Xxxxx Maward |
|
Name: Xxxxx Maward |
|
Title: Associate Director |
|
By: /s/ Xxxxxx Xxxxx |
|
Name: Xxxxxx Xxxxx |
|
Title: Associate Director |
|
|
|
Xxxxxx’x Island CDO Ltd |
|
By: /s/ Xxxxxxx Xxxxx |
|
Name: Xxxxxxx Xxxxx |
|
Title: Principal |
|
|
|
|
|
IDS LIFE INSURANCE COMPANY |
|
By: American Express Asset Management Group Inc. As Collateral Manager |
|
By:/s/ Xxxxxx X. Xxxxxx |
|
Name: Xxxxxx X. Xxxxxx |
|
Title: Managing Director |
00
XXX XXXXXXXX XXXXXXXXXXXXX XX, XXXXXXXXXX BRANCH |
|
By: /s/ Xxxxx Xxxxxx |
|
Name: Xx. Xxxxx Xxxxxx |
|
Title: Head of Structured Finance |
|
By: /s/ Xxxxxxx Ziwey |
|
Name: Xxxxxxx Ziwey |
|
Title: Director |
|
|
|
|
|
IKB International S.A. |
|
By: /s/ Xxxxx Xxxxxx |
|
Name: Xx. Xxxxx Xxxxxx |
|
Title: Head of Structured Finance |
|
|
|
|
|
ING BANK N.V. |
|
By: /s/ F.J.J. Boumans |
|
Name: F.J.J. Boumans |
|
Title: Relationship Manager |
|
By: /s/ A.J.A. Lutgeren |
|
Name: A.J.A. Lutgeren |
|
Title: Relationship Manager |
|
|
|
|
|
ING-ORYX CLO, LTD. |
|
By: ING Capital Advisors LLC |
|
as Collateral Manager |
|
By: /s/ Xxxxxx Xxxx |
|
Name: Xxxxxx Xxxx |
|
Title: Senior vice President & Portfolio Manager |
|
|
|
|
|
ING PRIME RATE TRUST |
|
By: ING Investments, LLC as its investment manager |
|
By: /s/ Xxxxxxx X. Xxxxxxx |
|
Name: XXXXXXX X. XXXXXXX |
|
Title: SENIOR VICE PRESIDENT |
29
ING SENIOR INCOME FUND |
|
By: ING Investments, LLC as its investment manager |
|
By: /s/ Xxxxxxx X. Xxxxxxx |
|
Name: XXXXXXX X. XXXXXXX |
|
Title: SENIOR VICE PRESIDENT |
|
|
|
|
|
XXXXXXX XXX 0000-0 LTD. |
|
By: INVESCO Senior Secured Management, Inc. |
|
As Portfolio Advisor |
|
By: /s/ |
|
Name: |
|
Title: |
|
|
|
|
|
KATONAH I, LTD. |
|
By: /s/ Xxxxx Xxxxx Xxxxx |
|
Name: XXXXX XXXXX XXXXX |
|
Title: AUTHORIZED OFFICER |
|
KATONAH CAPITAL, L.L.C AS MANAGER |
|
|
|
KATONAH II, LTD. |
|
By: /s/ Xxxxx Xxxxx Xxxxx |
|
Name: XXXXX XXXXX XXXXX |
|
Title: AUTHORIZED OFFICER |
|
KATONAH CAPITAL, L.L.C |
|
AS MANAGER |
|
|
|
KATONAH III, LTD. |
|
By: /s/ Xxxxx Xxxxx Xxxxx |
|
Name: XXXXX XXXXX XXXXX |
|
Title: AUTHORIZED OFFICER |
|
KATONAH CAPITAL, L.L.C AS MANAGER |
30
KBC Bank Nederland N.V. |
|
By: /s/ E.R. van den Xxxx |
|
Name: E.R. van den Xxxx |
|
Title: General Manager |
|
By: /s/ K.F.C. Arts |
|
Name: K.F.C. Arts |
|
Title: Head Credit Department |
|
|
|
KZH CYPRESSTREE-1 LLC |
|
By: Xxxxxx Xxxxx |
|
Name: Xxxxxx Xxxxx |
|
Title: Authorized Agent |
|
|
|
KZH ING-2 LLC |
|
By: Xxxxxx Xxxxx |
|
Name: XXXXXX XXXXX |
|
Title: Authorized Agent |
|
|
|
KZH SPONDVIEW LLC |
|
By: /s/ Xxxxxx Xxxxx |
|
Name: Xxxxxx Xxxxx |
|
Title: Authorized Agent |
|
|
|
KZH STERLING LLC |
|
By: /s/ Xxxxxx Xxxxx |
|
Name: XXXXXX XXXXX |
|
Title: Authorized |
|
|
|
LANDESBANK RHEINLAND-PFALZ |
|
GIROZENTRALE |
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By: /s/ Xxxxxxx Xxxx |
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Name: Xxxxxxx Xxxx |
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Title: Senior Vice President |
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By: /s/ Xxxxxx Xxxxxx |
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Name: Xxxxxx Xxxxxx |
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Title: Assistant Vice President |
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LANDMARK CDO LIMITED |
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By: /s/ Aladdin Capital Management LLC as manager |
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By: /s/ Th. Eggenschwiler |
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Name: Th. Eggenschwiler |
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Title: Vice President |
31
LANDMARK II CDO LIMITED |
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By: /s/ Aladdin Capital Management LLC as manager |
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By: /s/ Th. Eggenschwiler |
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Name: Th. Eggenschwiler |
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Title: Vice President |
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Leveraged France Europe Capital I BV |
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By: /s/ Xxxxxx X. Xxxxxx |
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Name: Xxxxxx X. Xxxxxx |
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Title: Attorney in fact |
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LLOYDS TSB BANK PLC, Amsterdam |
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By: /s/ M.H.O. Tak |
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Name: M.H.O. Tak |
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Title: Senior Account Manager |
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By: /s/ Xxxxx X. Xxxxxxx |
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Name: Xxxxx X. Xxxxxxx |
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Senior Manager, Credit Risk |
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Long Lane Master Trust II |
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By Fleet National Bank as Trust Aministrator |
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With Respect to Series Eclipse |
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By: /s/ Xxxxx Xxxxxx |
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Name: XXXXX XXXXXX |
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Title: MANAGING DIRECTOR |
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Longhorn CDO (Cayman) LTD |
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By: Xxxxxxx Xxxxx Investment Managers, L.P., |
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as Investment Advisor |
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By: /s/ Xxxxxxx Xxxxxxx |
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Name: Xxxxxxx Xxxxxxx |
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Title: AUTHORIZED SIGNATORY |
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Magma CDO Ltd |
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By: /s/ Xxxxxxx Xxxxx |
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Name: Xxxxxxx Xxxxx |
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Title: Fund Controller |
32
Magnetite Asset Investors, L.L.C. |
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By: /s/ Xxxxxx X. Xxxxxxx |
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Name: Xxxxxx X. Xxxxxxx |
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Title: Managing Director |
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Magnetite Asset Investors III, L.L.C. |
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By: /s/ Xxxxxx X. Xxxxxxx |
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Name: Xxxxxx X. Xxxxxxx |
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Title: Managing Director |
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Magnetite CBO II, Limited |
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By: /s/ Xxxxxx X. Xxxxxxx |
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Name: Xxxxxx X. Xxxxxxx |
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Title: Managing Director |
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MAGNETITE IV CLO, Limited |
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By: /s/ Xxxxxx X. Xxxxxxx |
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Name: Xxxxxx X. Xxxxxxx |
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Title: Managing Director |
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CAD MAPLEWOOD (CAYMAN) LIMITED |
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By: Xxxxx X. Xxxxxx and Company, |
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Incorporated, under delegated authority from Massachusetts Mutual Life Insurance Company, as Investment Manager |
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By: /s/ Xxxx Xxx XxXxxxxx |
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Name: XXXX XXX XxXXXXXX |
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Title: MANAGING DIRECTOR |
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CAD MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY |
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By: Xxxxx X. Xxxxxx and Company, |
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Inc. as Investment Manager |
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By: /s/ Xxxx Xxx XxXxxxxx |
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Name: XXXX XXX XxXXXXXX |
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Title: MANAGING DIRECTOR |
33
Xxxxxxx Xxxxx Global Investment Series: |
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Bank Loan Income Portfolio |
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By: Xxxxxxx Xxxxx Investment Managers, L.P., as Investment Advisor |
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By: /s/ / Xxxxxxx Xxxxxxx |
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Name: Xxxxxxx Xxxxxxx |
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Title: Authorized Signatory |
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Xxxxxxx Xxxxx Global Investment Series |
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Income Strategies Portfolio |
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By: Xxxxxxx Xxxxx Investment Managers, L.P., as Investment Advisor |
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By: /s/ / Xxxxxxx Xxxxxxx |
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Name: Xxxxxxx Xxxxxxx |
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Title: Authorized Signatory |
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Xxxxxxx Xxxxx Senior Floating Rate Fund, Inc. |
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By: /s/ Xxxxxxx Xxxxxxx |
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Name: Xxxxxxx Xxxxxxx |
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Title: Authorized Signatory |
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Mizuho Corporate Bank Nederland N.V. |
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By: /s/ X. Xxxxxxxx |
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Name: Xx. X. Xxxxxxxx |
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Title: Managing Director |
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By: /s/ K. Ozawa |
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Name: Xx. X. Xxxxx |
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Title: Deputy Managing Director |
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ML CLO XII PILGRIM AMERICA (CAYMAN) LTD. |
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By: ING Investments, LLC as its investment manager |
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By: /s/ Xxxxxxx X. Xxxxxxx |
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Name: XXXXXXX X. XXXXXXX |
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Title: SENIOR VICE PRESIDENT |
34
ML CLO XV PILGRIM AMERICA (CAYMAN) LTD. |
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By: ING Investments, LLC as its investment manager |
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By: /s/ Xxxxxxx X. Xxxxxxx |
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Name: XXXXXXX X. XXXXXXX |
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Title: SENIOR VICE PRESIDENT |
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ML CLO XX PILGRIM AMERICA (CAYMAN) LTD. |
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By: ING Investments, LLC as its investment manager |
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By: /s/ Xxxxxxx X. Xxxxxxx |
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Name: XXXXXXX X. XXXXXXX |
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Title: SENIOR VICE PRESIDENT |
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XXXXXX XXXXXXX XXXX INCOME TRUST |
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By: /s/ Xxxxxx X. Xxxxxxxx |
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Name: Xxxxxx X. Xxxxxxxx |
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Title: Executive Director |
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MUIRFIELD TRADING LLC |
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By: /s/ Xxx X. Xxxxxx |
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Name: XXX X. XXXXXX |
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Title: ASST. VICE PRESIDENT |
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NATEXIS BANQUES POPULAIRES |
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By: /s/ Xxxxxx X. Van Tulder |
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Name: Xxxxxx X. van Tulder |
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Title: Vice President and Manager |
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Multinational Group |
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By: /s/ Xxxxxxxxx Xxxxxxxxx |
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Name: XXXXXXXXX XXXXXXXXX |
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Title: VICE PRESIDENT |
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National City |
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By: /s/ Xxxxx X. Xxxxx |
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Name: XXXXX X. XXXXX |
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Title: ACCOUNT OFFICER |
35
NEMEAN CLO, LTD. |
|
BY: ING Capital Advisors LLC, as Investment Manager |
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By: /s/ Xxxxxx Xxxx |
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Name: Xxxxxx Xxxx |
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Title: Senior Vice President & Portfolio Manager |
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NIB CAPITAL BANK N.V. |
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By: /s/ Xxxxx Auan |
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Name: XXXXX AUAN |
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Title: DIRECTOR ACQUISITION FINANCE |
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By: /s/ Xxxx Xxxxxxxx |
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Name: XXXX XXXXXXXX |
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Title: SENIOR MANAGER |
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Nomura Bond & Loan Fund |
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By: UFJ Trust Company of New York as Trustee |
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By: Nomura Corporate Research and Asset Management, Inc., as Attorney in Fact |
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By: /s/ Xxxxxxxxx XxxXxxx |
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Name: Xxxxxxxxx XxxXxxx |
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Title: Vice president |
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OASIS COLLATERALIZED HIGH INCOME PORTFOLIOS-1 LTD |
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By: INVESCO Senior Secured Management, Inc. |
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As Sub-advisor |
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By: /s/ |
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Name: |
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Title: |
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OLYMPIC FUNDING TRUST SERIES 1999-1 |
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By: /s/ Xxx X. Xxxxxx |
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Name: XXX X. XXXXXX |
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Title: AUTHORIZED AGENT |
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ORIX Financial Services, Inc. |
|
By: /s/ Xxxxxx Xxxxx-Xxxxx |
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Name: Xxxxxx Xxxxx-Xxxxx |
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Title: Vice president |
36
PANTHER CDO II BV |
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By: /s/ Xxxxxx Xxxx Xxxxxxx |
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Name: Xxxxxx Xxxx Xxxxxxx |
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Title: Authorized Signatory |
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CAD PHOENIX FUNDING LIMITED |
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By: Xxxxx X. Babsobn & company Inc. as Financial Sub-Agent |
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By: /s/ Xxxx Xxx XxXxxxxx |
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Name: XXXX XXX XxXXXXXX |
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Title: MANAGING DIRECTOR |
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PILGRIM AMERICA HIGH INCOME INVESTMENTS LTD. |
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By: ING Investments, LLC as its investment manager |
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By: /s/Xxxxxxx X. Xxxxxxx |
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Name: XXXXXXX X. XXXXXXX |
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Title: SENIOR VICE PRESIDENT |
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PILGRIM CLO 1999 – 1 LTD |
|
By: ING Investments, LLC as its investment manager |
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By: /s/ Xxxxxxx X. Xxxxxxx |
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Name: XXXXXXX X. XXXXXXX |
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Title: SENIOR VICE PRESIDENT |
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PINEHURST TRADING, INC. |
|
By: /s/ Xxx X. Xxxxxx |
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Name: Xxx X. Xxxxx |
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Title: ASST. VICE PRESIDENT |
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PPM SPYGLASS FUNDING TRUST |
|
By: /s/ Xxx X. Xxxxxx |
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Name: XXX X. XXXXXX |
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Title: AUTHORIZED AGENT |
37
Principal Life Insurance Company |
|
by: Principal Global Investors LLC, a Delaware Limited Liability Company, its Authorized Signatory |
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By: /s/ Xxx X. Xxxxx |
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Name: XXX X. XXXXX |
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Title: COUNSEL |
|
By: /s/ Xxxxxxx X. Xxxxxxxxx |
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Name: XXXXXXX X. XXXXXXXXX |
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Title: COUNSEL |
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PROMETHEUS INVESTMENT FUNDING NO. 1 LTD |
|
By: /s/ Xxxxxxx X. Xxxxxxx |
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Name: XXXXXXX X. XXXXXXX |
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Title: ASSOCIATE DIRECTOR |
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By: /s/ Xxxxxxxxx Xxxxxxxxx |
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Name: XXXXXXXXX XXXXXXXXX |
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Title: MANAGING DIRECTOR |
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CHIEF INVESTMENT OFFICER |
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PROMUS I BV |
|
By: /s/ Xxxx Halbard |
|
Name: Xxxx Halbard |
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Title: Under Power of Attorney |
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PROMUS II BV |
|
By: /s/ Xxxx Halbard |
|
Name: Xxxx Halbard |
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Title: Under Power of Attorney |
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PROSPECT STREET INTERNATIONAL FUND PCC LIMITED |
|
PROSPECT INTERNATIONAL DEBT STRATEGY FUND |
|
BY: PROSPECT STREET STRATEGIC DEBT |
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MANAGEMENT CO., INC. |
|
as Investment Advisor |
|
By: /s/ Xxxxxxx X. Xxxxxxxxx JP |
|
Name: Xxxxxxx X. Xxxxxxxxx JP |
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Title: Director |
|
By: /s/ Xxxx X. Xxxxxxxx |
|
Name: Xxxx X. Xxxxxxxx |
|
Title: Director |
38
Provident CBO I, Limited |
|
Provident Investment Management, LLC, Collateral Manager |
|
By: /s/ Xxxxxxx X. Xxxxxxxxx |
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Name: Xxxxxxx X. Xxxxxxxxx |
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Title: Senior Investment Officer |
|
|
|
THE PRUDENTIAL ASSURANCE |
|
COMPANY LIMITED |
|
By: /s/ Xxxxxx Bougath |
|
Name: XXXXXX BOUGATH |
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Title: DIRECTOR OF LEVERAGED LOAN |
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|
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THE PRUDENTIAL INSURANCE |
|
COMPANY OF AMERICA |
|
By: /s/ B. Xxxx Xxxxx |
|
Name: B. Xxxx Xxxxx |
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Title: Vice President |
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RAIFFEISEN ZENTRALBANK |
|
OSTERREICH AKTIENGESELLSCHAFT |
|
By: /s/ Xxxxxxx Xxxxxxx-Xxxxxx |
|
Name: Xxxxxxx Xxxxxxx-Xxxxxx |
|
Title: Head of Project & Structured Finance |
|
By: /s/ Xxxxxxxx Xxxxxxxx |
|
Name: Xxxxxxxx Xxxxxxxx |
|
Title: Manager |
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Sankaty Advisors, Inc., as Collateral Manager |
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for XXXXX POINT CBO 1999-1, LTD., as Term Lender |
|
By: /s/ Xxxxx X. Xxxxx |
|
Name: XXXXX X. XXXXX |
|
Title: MANAGING DIRECTOR |
|
PORTFOLIO MANAGER |
39
Sankaty Advisors, LLC, as Collateral Manager |
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for XXXXX POINT II CBO 2000-1 LTD., as Term Lender |
|
By: /s/ Xxxxx X. Xxxxx |
|
Name: XXXXX X. XXXXX |
|
Title: MANAGING DIRECTOR |
|
PORTFOLIO MANAGER |
|
SANKATY HIGH YIELD PARTNERS III, L.P. |
|
By: /s/ Xxxxx X. Xxxxx |
|
Name: XXXXX X. XXXXX |
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Title: MANAGING DIRECTOR |
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PORTFOLIO MANAGER |
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|
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|
Sankaty Advisors, Inc., as Collateral |
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Manager for Castle Hill I – INGOTS, LTD., as Term Lender |
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By: /s/ Xxxxx X. Xxxxx |
|
Name: XXXXX X. XXXXX |
|
Title: MANAGING DIRECTOR |
|
PORTFOLIO MANAGER |
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|
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|
Sankaty Advisors, Inc., as Collateral |
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Manager for Castle Hill II – INGOTS, LTD., as Term Lender |
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By: /s/ Xxxxx X. Xxxxx |
|
Name: XXXXX X. XXXXX |
|
Title: MANAGING DIRECTOR |
|
PORTFOLIO MANAGER |
|
|
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|
Sankaty Advisors, Inc., as Collateral |
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Manager for Great Point CLO 1999-1 LTD., as Term Lender |
|
By: /s/ Xxxxx X. Xxxxx |
|
Name: XXXXX X. XXXXX |
|
Title: MANAGING DIRECTOR |
|
PORTFOLIO MANAGER |
40
Sankaty Advisors, LLC as Collateral |
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Manager for Race Point CLO , Limited, as Term Lender |
|
By: /s/ Xxxxx X. Xxxxx |
|
Name: XXXXX X. XXXXX |
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Title: MANAGING DIRECTOR |
|
PORTFOLIO MANAGER |
|
|
|
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|
SARATOGA CLO I, LIMITED |
|
By: INVESCO Senior Secured Management, Inc. |
|
As Asset Manager |
|
By: /s/ |
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Name: |
|
Title: |
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SCOTIA BANK EUROPE PLC |
|
By: /s/ T.A. Burgtett |
|
Name: T.A. Burgtett |
|
Title: DIRECTOR |
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|
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|
Senior Loan Fund |
|
By: /s/ Xxxxxx X. Xxxxxxx |
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Name: Xxxxxx X. Xxxxxxx |
|
Title: Managing Director |
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|
SEQUILS-ING I (HBDGM), LTD. |
|
BY: ING Capital Advisors LLC, as Collateral Manager |
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By: /s/ Xxxxxx Xxxx |
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Name: Xxxxxx Xxxx |
|
Title: Senior Vice President & Portfolio Manager |
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|
SEQUILS - CENTURION V, LTD. |
|
By: American Express Asset Management Group Inc. As Collateral Manager |
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By: /s/ Xxxxxx Xxxxxxxxx |
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Name: Xxxxxx Xxxxxxxxx |
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Title: Director Operations |
41
SEQUILS – Cumberland I, Ltd |
|
By: Deerfield Capital Management LLC as |
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Its Collateral Manager |
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By: /s/ Xxxx X. Xxxxxxxxx |
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Name: XXXX X. XXXXXXXXX |
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Title: SR. VICE PRESIDENT |
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|
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|
SEQUILS-LIBERTY, LTD. |
|
By: INVESCO Senior Secured Management, Inc. |
|
As Collateral Manager |
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By: /s/ |
|
Name: |
|
Title: |
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CAD SIMSBURY CLO, LIMITED |
|
By: Xxxxx X. Xxxxxx and Company, |
|
Incorporated, under delegated authority from Massachusetts Mutual Life Insurance Company, as Collateral Manager |
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By: /s/ Xxxx Xxx XxXxxxxx |
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Name: XXXX XXX XxXXXXXX |
|
Title: MANAGING DIRECTOR |
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|
XXXXXXXXX ARBITRAGE CDO, LTD. |
|
By: Xxxxxxxxx Capital Partners LLC, as its Collateral Manager |
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By: /s/ Xxxxxxx X. Xxxxx |
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Name: Xxxxxxx X. Xxxxx |
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Title: Partner |
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XXXXXXXXX RMF/TRANSATLANTIC CDO, LTD. |
|
By: Xxxxxxxxx Capital Partners LLC, as its Collateral Manager |
|
By: /s/ Xxxxxxx X. Xxxxx |
|
Name: Xxxxxxx X. Xxxxx |
|
Title: Partner |
42
XXXXXXXXX CLO, LTD. |
|
By: Xxxxxxxxx Capital Partners LLC |
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As its Collateral Manager |
|
By: /s/ Xxxxxxx X. Xxxxx |
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Name: Xxxxxxx X. Xxxxx |
|
Title: Partner |
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|
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|
XXXXXXXXX QUATTRO CLO, LTD. |
|
By: Xxxxxxxxx Capital Partners LLC |
|
As its Collateral Manager |
|
By: /s/ Xxxxxxx X. Xxxxx |
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Name: Xxxxxxx X. Xxxxx |
|
Title: Partner |
|
|
|
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|
SUNAMERICA SENIOR FLOATING RATE FUND, INC. |
|
By: Xxxxxxxxx Capital Partners LLC, as its subadvisor |
|
By: /s/ Xxxxxxx X. Xxxxx |
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Name: Xxxxxxx X. Xxxxx |
|
Title: Partner |
|
|
|
Titanium CBO I, Ltd |
|
By: Xxxxxx X. Xxxxxxx |
|
Name: Xxxxxx X. Xxxxxxx |
|
Title: Managing Director |
|
UNICREDITO ITALIANO – New York Branch |
|
By: /s/ Xxxxxxxxxxx Xxxxx |
|
Name: Xxxxxxxxxxx Xxxxx |
|
Title: FVP & Deputy Manager |
|
By: /s/ Xxxxxxx Xxxxxxx |
|
Name: Xxxxxxx Xxxxxxx |
|
Title: Vice President |
43
ROSEMONT CLO, Ltd |
|
By: Deerfield Capital Management LLC as its Collateral Manager |
|
By: /s/ Xxxx X. Xxxxxxxxx |
|
Name: XXXX X. XXXXXXXXX |
|
Title: SR. VICE PRESIDENT |
|
|
|
CAD SUFFIELD CLO LTD. |
|
By: Xxxxx X. Xxxxxx & Co., Inc., as Collateral Manager |
|
By: /s/ Xxxx Xxx XxXxxxxx |
|
Name: XXXX XXX XxXXXXXX |
|
Title: MANAGING DIRECTOR |
|
|
|
The Sumitomo Trust & Banking Co., Ltd., New York Branch |
|
By: /s/ Xxxxxxxxx X. Xxxxx |
|
Name: XXXXXXXXX X. XXXXX |
|
Title: VICE PRESIDENT |
|
XXXX XXXX B.V. |
|
By: /s/ Xxxxx XxXxxx |
|
Name: Xxxxx XxXxxx |
|
Title: CDO Director |
|
|
|
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|
TD BANK EUROPE LIMITED |
|
By: /s/ Xxxxx Xxxxx |
|
Name: Xxxxx Xxxxx |
|
Title: Managing Director, Corporate Finance |
|
|
|
TEXTRON FINANCIAL CORPORATION |
|
By: /s/ Xxxx X. Xxxxxx |
|
Name: Xxxx X. Xxxxxx |
|
Title: Vice president - Operations |
44
TRANSAMERICA BUSINESS CAPITAL CORPORATION |
|
(as successor to Transamerica Business Credit Corporation) |
|
By: /s/ Xxxxxxx Xxxxxxxxxx |
|
Name: Xxxxxxx Xxxxxxxxxx |
|
Title: Senior Vice President |
|
|
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|
US Bank |
|
By: /s/ Xxxxxx X. Xxxxxxx |
|
Name: Xxxxxx X. Xxxxxxx |
|
Title: Senior Vice President |
|
|
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|
Venture CDO 2002, Limited |
|
By its investment advisor, Barclays Capital Asset Management Limited, |
|
By its sub-advisor, Barclays Bank PLC, New York Branch |
|
By: /s/ Xxxx X. Xxxxxxxxxxx |
|
Name: Xxxx X. Xxxxxxxxxxx |
|
Title: Director |
|
|
|
XXXXX FARGO BANK, National Association. |
|
By: /s/ S. Xxxxxxx St. Geme |
|
Name: S. Xxxxxxx St. Geme |
|
Title: VICE PRESIDENT |
|
WINDSOR LOAN FUNDING, LIMITED |
|
By: Xxxxxxxxx Capital Partners LLC, as its Investment Manager |
|
By: /s/ Xxxxxxx X. Xxxxx |
|
Name: Xxxxxxx X. Xxxxx |
|
Title: Part |
45