SEVENTH AMENDMENT TO REVOLVING CREDIT, TERM LOAN AND GUARANTY AGREEMENT
Exhibit 99.1
EXECUTION VERSION [2*]
SEVENTH AMENDMENT
TO REVOLVING CREDIT, TERM LOAN AND
GUARANTY AGREEMENT
SEVENTH AMENDMENT, dated as of September 29, 2006 (the "Amendment"),
to the REVOLVING CREDIT, TERM LOAN AND GUARANTY AGREEMENT, dated as of February
2, 2005, among X.X. TOWER CORPORATION, a Michigan corporation (the "Borrower"),
a debtor and debtor-in-possession in a case pending under Chapter 11 of the
Bankruptcy Code, TOWER AUTOMOTIVE, INC., a Delaware corporation and the parent
company of the Borrower (the "Parent"), and the subsidiaries of the Borrower
signatory hereto (together with the Parent, each a "Guarantor" and collectively
the "Guarantors"), each of which Guarantors is a debtor and debtor-in-possession
in a case pending under Chapter 11 of the Bankruptcy Code, JPMORGAN CHASE BANK,
N.A., a national banking association ("JPMCB"), each of the other financial
institutions from time to time party hereto (together with JPMCB, the "Lenders")
and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the
"Agent") for the Lenders.
WITNESSETH:
WHEREAS, the Borrower, the Guarantors, the Lenders and the Agent are
parties to that certain Revolving Credit, Term Loan and Guaranty Agreement,
dated as of February 2, 2005, as amended by that certain First Amendment to
Revolving Credit, Term Loan and Guaranty Agreement, dated as of February 28,
2005, that certain Second Amendment to Revolving Credit, Term Loan and Guaranty
Agreement dated as of February 28, 2005, that certain Third Amendment to
Revolving Credit, Term Loan and Guaranty Agreement dated as of February 28,
2005, that certain Fourth Amendment to Revolving Credit, Term Loan and Guaranty
Agreement dated as of April 29, 2005, that certain Fifth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement dated as of October 3, 2005 and that
certain Sixth Amendment to Revolving Credit, Term Loan and Guaranty Agreement
dated as of February 15, 2006 (as the same has been, and as may be further,
waived, amended, restated, modified or supplemented from time to time, the
"Credit Agreement"); and
WHEREAS, the Borrower and the Guarantors have requested that, subject to
the occurrence of the Effective Date (as hereinafter defined) of this Amendment,
the Agent and the Lenders agree to (A) amend certain provisions of the Credit
Agreement, subject to and upon the terms and conditions set forth herein and (B)
waive the technical breaches of the Credit Agreement as described in paragraph 7
of this Amendment.
NOW, THEREFORE, the parties hereto hereby agree as follows:
1. As used herein, all terms that are defined in the Credit Agreement
(in effect immediately prior to the Effective Date of this Amendment) shall have
the same meanings herein.
2. Section 1.01 of the Credit Agreement is hereby amended By:
(A) amending the definition of "Borrowing Base" by deleting clause (D)
thereof and inserting the following new clause (D) in lieu thereof: "(D)
$25,000,000 during each of the
periods of July 15, 2005 through August 15, 2005, December 15, 2005 through
January 15, 2006, July 15, 2006 through August 15, 2006 and November 1, 2006
through February 2, 2007, minus"; and
(B) inserting the following new definition in its appropriate
alphabetical order:
"DIP Leverage Ratio" shall mean, at any date for which such ratio is
to be determined, the ratio of (x) the sum of all of the Tranche A
Loans and the Tranche B Loan outstanding at such time to (y) Global
EBITDA at such time.
3. Section 2.08 of the Credit Agreement is hereby amended By:
(A) deleting the amounts "1.75%" and "2.25%" appearing in subsection
(a) thereof and inserting in lieu thereof the amounts "2.0%" and "2.50%";
(B) deleting the amounts "2.75%" and "3.25%" appearing in subsection
(b) thereof and inserting in lieu thereof the amounts "3.0%" and "3.50%"; and
(C) inserting at the end thereof the following new subsection (d):
"(d) Notwithstanding anything to the contrary in Sections 2.08(a) and
(b), each percentage amount specified in such Sections shall be
increased, commencing as of the date when any financial statement or
report is required to be delivered pursuant to Section 5.01(a), (b) or
(c) (without regard to any applicable grace periods), by the amount
specified below that is opposite the applicable DIP Leverage Ratio as
of the end of the period to which such statement or report relates,
with such increase in each case being to the percentage amount
specified in Sections 2.08(a) and (b) after giving effect to the terms
of the Seventh Amendment to the Credit Agreement dated as of September
29, 2006:
DIP Leverage Ratio Adjustment Amount
------------------ -----------------
Equal to or greater than 3:75:1,
but less than 4.0:1 0.25%
Equal to or greater than 4.0:1 0.50%
If, following an increase in the percentage amount effected as a
result of the foregoing, any succeeding statement or report required
to be delivered pursuant to Section 5.01(a), (b) or (c) evidences that
the DIP Leverage Ratio as of the end of the period to which such
statement or report relates, is (x) within a range specified above
which is opposite a different Adjustment Amount, each percentage
amount specified in Sections 2.08(a) and (b) as in effect upon the
effectiveness of the Seventh Amendment to the Credit Agreement dated
as of September 29, 2006 shall be increased by the amount specified
above that is opposite to the then applicable DIP
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Leverage Ratio and (y) less than 3.75:1, each percentage amount
specified in Sections 2.08(a) and (b) shall not be subject to an
increase, in both cases commencing as of the date when any financial
statement or report is required to be delivered pursuant to Section
5.01(a), (b) or (c).
4. Section 2.21 of the Credit Agreement is hereby amended By:
(A) inserting "(x)" immediately after the first comma appearing
therein; and
(B) inserting the following clause (y) immediately prior to the period
at the end thereof:
"and (y) if a statement or report required to be delivered pursuant to
Section 5.01(a), (b) or (c) evidences that the DIP Leverage Ratio
equals or exceeds 4.0:1 as of the end of the period to which such
statements or reports relate and if a fee has not previously been paid
pursuant to this clause, a one-time fee for the account of each Lender
in an amount equal to 0.25% of such Lender's Commitment on the date
when such statement or report was delivered, payable within two (2)
Business Days from the date when such statement or report was
delivered".
5. Section 2.23 of the Credit Agreement is hereby amended by deleting
the words "two and three-quarters percent (2 3/4%)" appearing in clause (i)
thereof and inserting in lieu thereof the words "three percent (3%), provided
that if the interest rate that is set forth in Section 2.08(b)(i) is adjusted
pursuant to Section 2.08(d), the percent that is set forth in this clause shall
be adjusted correspondingly".
6. Section 6.05(b) of the Credit Agreement is hereby amended by
deleting the rows for each of the periods ending September 30, 2006, October 31,
2006, November 30, 2006 and December 31, 2006 in the table therein and inserting
in lieu thereof the following new rows:
September 30, 2006 $50,000,000 $150,000,000
October 31, 2006 $30,000,000 $140,000,000
November 30, 2006 $30,000,000 $140,000,000
December 31, 2006 $30,000,000 $150,000,000
7. Section 6.08 of the Credit Agreement is hereby amended By:
(A) deleting the word "and" appearing immediately prior to clause (y)
therein and inserting a comma in lieu thereof; and
(B) inserting the following new clause (z) immediately prior to the
period at the end thereof:
"and (z) from any Foreign Subsidiary listed on Schedule 3.05 that is
less than wholly-owned by the Borrower, a Guarantor or a Foreign
Subsidiary, to such Foreign Subsidiary's minority owner(s) at
substantially the same time as such Foreign Subsidiaries pay or
declare dividends and make distributions to the Borrower, a Guarantor
or a Foreign Subsidiary on a pro rata basis".
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8. The Lenders hereby waive any technical breaches of the Credit
Agreement that have occurred, directly or indirectly, as a result of the
Borrower's and the Guarantors' inadvertent noncompliance of the restriction on
the payment or declaration of dividends by Foreign Subsidiaries set forth in
Section 6.08 of the Credit Agreement to the extent the Borrower and the
Guarantors have permitted certain Foreign Subsidiaries listed on Schedule 3.05
to the Credit Agreement that are less than wholly-owned by the Borrower or a
Guarantor to pay or declare dividends in an amount not exceeding approximately
$8,000,000 in the aggregate to all such Foreign Subsidiaries' minority owners at
substantially the same time as such Foreign Subsidiaries paid or declared pro
rata dividends to the Borrower, a Guarantor or Foreign Subsidiary.
9. This Amendment and the modifications and waivers to the Credit
Agreement set forth herein shall become effective on the date (the "Effective
Date") on which this Amendment shall have been executed by the Borrower, the
Guarantors and the Required Lenders, and the Agent shall have received evidence
reasonably satisfactory to it of such execution (it being understood that the
interest rate increases provided for in paragraph 3(B) of this Amendment shall
be immediately applicable on the Effective Date to all Eurodollar Loans then
outstanding); provided that notwithstanding the occurrence of the Effective
Date, this Amendment and the modifications and waivers to the Credit Agreement
set forth herein shall terminate and be of no further force or effect if (x) on
or before October 26, 2006, the Bankruptcy Court shall not have entered an order
reasonably satisfactory in form and substance to the Agent authorizing the
payment by the Borrower (i) to the Agent for the respective account of each
Lender that has executed and delivered to the Agent a counterpart of this
Amendment by not later than 5:00 p.m. (New York City time) on October 6, 2006,
of a waiver and amendment fee in an amount equal to 1.00% of such Lender's
Commitment on October 6, 2006 and (ii) to the Agent for its own account, of the
other fees referred to in that certain Seventh Amendment Fee Letter dated the
date hereof, or (y) such waiver and amendment and other fees shall not have been
paid in cash to the Agent within one Business Day after entry of the order
referred to above.
10. Except to the extent hereby waived and amended, the Credit
Agreement and each of the Loan Documents remain in full force and effect and are
hereby ratified and affirmed.
11. The Borrower agrees that its obligations set forth in Section
10.05 of the Credit Agreement shall extend to the preparation, execution and
delivery of this Amendment, including the reasonable fees and disbursements of
counsel to the Agent.
12. This Amendment shall be limited precisely as written and shall not
be deemed (a) to be a consent granted pursuant to, or a waiver or modification
of, any other term or condition of the Credit Agreement or any of the
instruments or agreements referred to therein or (b) to prejudice any right or
rights which the Agent or the Lenders may now have or have in the future under
or in connection with the Credit Agreement or any of the instruments or
agreements referred to therein. Whenever the Credit Agreement is referred to in
the Credit Agreement or any of the instruments, agreements or other documents or
papers executed or delivered in connection therewith, such reference shall be
deemed to mean the Credit Agreement as modified by this Amendment.
13. This Amendment may be executed in any number of counterparts and
by the different parties hereto in separate counterparts, each of which shall be
an original and all of which, when taken together, shall constitute but one and
the same instrument. A facsimile or
4
..pdf copy of a counterpart signature page shall serve as the functional
equivalent of a manually executed copy for all purposes.
14. This Amendment shall be governed by, and construed in accordance
with, the laws of the State of New York.
[SIGNATURE PAGES FOLLOW]
5
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be duly executed as of the day and the year first written.
BORROWER:
X.X. TOWER CORPORATION
By: /s/ Xxxxx Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title:
---------------------------------
GUARANTORS:
Algoods, USA, Inc.
Tower Automotive, Inc.
Tower Automotive Bardstown, Inc.
Tower Automotive Bowling Green, LLC
Tower Automotive Chicago, LLC
Tower Automotive Finance, Inc.
Tower Automotive Granite City, LLC
Tower Automotive Granite City Services,
LLC
Tower Automotive International Holdings,
Inc.
Tower Automotive International Yorozu
Holdings, Inc.
Tower Automotive International, Inc.
Tower Automotive Lansing, LLC
Tower Automotive Michigan, LLC
Tower Automotive Milwaukee, LLC
Tower Automotive Plymouth, Inc.
Tower Automotive Products Company, Inc.
Tower Automotive Receivables Company,
Inc.
Tower Automotive Services and
Technology, LLC
Tower Automotive Technology, Inc.
Tower Automotive Technology Products,
Inc.
Tower Automotive Tool, LLC
Tower Services, Inc.
Trylon Corporation
By: /s/ Xxxxx Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title:
---------------------------------
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
AGENT AND LENDERS:
JPMORGAN CHASE BANK, N.A.
INDIVIDUALLY AND AS AGENT
By: /s/ Xxxxxxx X. Xxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxx
Title: Managing Director
ACCESS INSTITUTIONAL LOAN FUND
By: Deerfield Capital Management LLC
as its Portfolio Manager
By: /s/ Xxxxx Xxxx
------------------------------------
Name: Xxxxx Xxxx
Title: Sr. Vice President
AIMCO CLO, SERIES 2005-A
By: /s/ illegible
------------------------------------
Name:
----------------------------------
Title:
---------------------------------
By: /s/ illegible
------------------------------------
AIM FLOATING RATE FUND
By: INVESCO Senior Secured Management,
Inc. as Sub-Advisor
By: /s/ Xxxxxx X.X. Xxxxx
------------------------------------
Name: Xxxxxx X.X. Xxxxx
Title: Authorized Signatory
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
ALLSTATE LIFE INSURANCE COMPANY
By: /s/ illegible
------------------------------------
Name:
----------------------------------
Title:
---------------------------------
By: /s/ illegible
------------------------------------
ALZETTE EUROPEAN CLO S.A.
By: INVESCO Senior Secured Management,
Inc. As Collateral Manager
By: /s/ Xxxxxx X.X. Xxxxx
------------------------------------
Name: Xxxxxx X.X. Xxxxx
Title: Authorized Signatory
AMERIPRISE CERTIFICATE COMPANY
By: RiverSource Investments, LLC as
Collateral Manager
By: /s/ Xxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxx X. Xxxxxxx
Title: Senior Managing Director
ARES IX CLO LTD.
By: Ares CLO Management IX, L.P.
Its: Investment
By: Ares CLO GP IX, LLC
Its: General Partner
By: /s/ Xxxxxxx Xxxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxxx
Title: Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
ARES X CLO LTD.
By: Ares CLO Management IX, L.P.
Its: Investment
By: Ares CLO GP IX, LLC
Its: General Partner
By: /s/ Xxxxxxx Xxxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxxx
Title: Vice President
ARES ENHANCED LOAN INVESTMENT
STRATEGY, LTD.
By: Ares Enhanced Loan Management, L.P.
Its: Investment Manager
By: Ares Enhanced Loan GP, LLC
Its: General Partner
By: /s/ Xxxxxxx Xxxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxxx
Title: Vice President
ATRIUM III
By: /s/ Xxxxxx Xxxxxxxx
------------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Authorized Signatory
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
AURUM CLO 2002-1 LTD.
By: Deutsche Asset Management, Inc.
as Subadviser
By: /s/ Xxxx Xxxxx
------------------------------------
Name: Xxxx Xxxxx
Title: Director
By: /s/ Xxxx Xxxxxxx
------------------------------------
Name: Xxxx Xxxxxxx
Title: Vice President
AVALON CAPITAL LTD. 3
By: INVESCO Senior Secured Management,
Inc.
As Asset Manager
By: /s/ Xxxxxx X.X. Xxxxx
------------------------------------
Name: Xxxxxx X.X. Xxxxx
Title: Authorized Signatory
AVENUE CLO FUND, LIMITED
AVENUE CLO II, LIMITED
By: /s/ Xxxxxxx X'Xxxxxxx
------------------------------------
Name: Xxxxxxx X'Xxxxxxx
Title: Senior Portfolio Manager
BALLYROCK CLO 2006-1 LIMITED,
By: BALLYROCK Investment Advisors LLC,
as Collateral Manager
By: /s/ Xxxx Xxxxx
------------------------------------
Name: Xxxx Xxxxx
Title: Assistant Treasurer
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
BALLYROCK CLO II LIMITED,
By: BALLYROCK Investment Advisors LLC,
as Collateral Manager
By: /s/ Xxxx Xxxxx
------------------------------------
Name: Xxxx Xxxxx
Title: Assistant Treasurer
BALLYROCK CLO III LIMITED,
By: BALLYROCK Investment Advisors LLC,
as Collateral Manager
By: /s/ Xxxx Xxxxx
------------------------------------
Name: Xxxx Xxxxx
Title: Assistant Treasurer
BANK OF SCOTLAND
By: /s/ Xxxxx Xxxxx
------------------------------------
Name: Xxxxx Xxxxx
Title: Vice President
BAYERISCHE LANDESBANK, ACTING THROUGH
ITS NEW YORK BRANCH, Individually
By: /s/ Xxxxxxxx Xxxxxxxxxx
------------------------------------
Name: Xxxxxxxx Xxxxxxxxxx
Title: Vice President
By: /s/ Xxxxxx XxXxxxx
------------------------------------
Name: Xxxxxx XxXxxxx
Title: First Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
BELHURST CLO LTD.
By: INVESCO Senior Secured Management,
Inc.
As Asset Manager
By: /s/ Xxxxxx X.X. Xxxxx
------------------------------------
Name: Xxxxxx X.X. Xxxxx
Title: Authorized Signatory
BLACK DIAMOND CLO 2005-1 LTD.
By: Black Diamond Capital Management,
L.L.C.
as its Collateral Manager
By: /s/ illegible
------------------------------------
Name:
----------------------------------
Title:
---------------------------------
BLUE MOUNTAIN CLO LTD.
By: /s/ Xxxxxxxx Xxxxx
------------------------------------
Name: Xxxxxxxx Xxxxx
Title: Associate
BUSHNELL CBNA LOAN FUNDING LLC, FOR
ITSELF OR AS AGENT FOR BUSHNELL CFPI
LOAN FUNDING LLC
By: /s/ Xxx Xxxxx
------------------------------------
Name: Xxx Xxxxx
Title: Attorney-in-fact
BRYN MAWR CLO, LTD.
By: Deerfield Capital Management LLC as
its Collateral Manager
By: /s/ Xxxxx Xxxx
------------------------------------
Name: Xxxxx Xxxx
Title: Sr. Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
CANYON CAPITAL CDO 2002-1 LTD.
By: /s/ Xxxxxxx Xxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxx
Title: Authorized Signatory
By: CANYON CAPITAL ADVISORS LLC,
a Delaware limited liability
company,
its Collateral Manager
CANYON CAPITAL CDO 2004-1 LTD.
By: /s/ Xxxxxxx Xxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxx
Title: Authorized Signatory
By: CANYON CAPITAL ADVISORS LLC,
a Delaware limited liability
company,
its Collateral Manager
CARLYLE HIGH YIELD PARTNERS IV, LTD.
By: /s/ Janegail Orringer
------------------------------------
Name: Janegail Orringer
Title: Managing Director
CARLYLE HIGH YIELD PARTNERS VI, LTD.
By: /s/ Janegail Orringer
------------------------------------
Name: Janegail Orringer
Title: Managing Director
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
CARLYLE HIGH YIELD PARTNERS VII, LTD.
By: /s/ Janegail Orringer
------------------------------------
Name: Janegail Orringer
Title: Managing Director
CARLYLE LOAN INVESTMENT, LTD.
By: /s/ Janegail Orringer
------------------------------------
Name: Janegail Orringer
Title: Managing Director
CARLYLE LOAN OPPORTUNITY FUND
By: /s/ Janegail Orringer
------------------------------------
Name: Janegail Orringer
Title: Managing Director
CELERITY CLO LIMITED
By: TCW Advisors, Inc.,
as Agent
By: /s/ Xxxxxxx Xxx
------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
CENTAURUS LOAN TRUST
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Managing Director
Nomura Corporate Research
and Asset Management Inc.
as Investment Adviser
CENT CDO 10, LTD.
By: RiverSource Investments, LLC
as Collateral Manager
By: /s/ Xxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Director of Operations
CENT CDO XI, LIMITED
By: RiverSource Investments, LLC
as Collateral Manager
By: /s/ Xxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Director of Operations
CENTURION CDO II, LTD.
By: RiverSource Investments, LLC
as Collateral Manager
By: /s/ Xxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Director of Operations
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
CENTURION CDO III, LIMITED.
By: RiverSource Investments, LLC
as Collateral Manager
By: /s/ Xxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Director of Operations
CENT CDO VI, LTD.
By: RiverSource Investments, LLC
as Collateral Manager
By: /s/ Xxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Director of Operations
CENTURION CDO VII, LTD.
By: RiverSource Investments, LLC
as Collateral Manager
By: /s/ Xxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Director of Operations
CENTURION CDO 8, LIMITED
By: RiverSource Investments, LLC
as Collateral Manager
By: /s/ Xxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Director of Operations
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
CENTURION CDO 9, LTD.
By: RiverSource Investments, LLC
as Collateral Manager
By: /s/ Xxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Director of Operations
CHATHAM LIGHT II CLO, LIMITED,
By: Sankaty Advisors LLC, as
Collateral Manager
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
CHATHAM LIGHT III CLO, LTD.
By: Sankaty Advisors LLC,
as Collateral Manager
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
THE CIT GROUP/BUSINESS CREDIT, INC.
By: /s/ Xxxxxxxxx Xxxxx
------------------------------------
Name: Xxxxxxxxx Xxxxx
Title: Assistant Vice President
CITIBANK, N.A.
By: Sankaty Advisors LLC,
as Collateral Manager
By: /s/ Xxxxxxx Xxxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxxx
Title: Attorney-In-Fact
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
CLASSIC CAYMAN B.D. LIMITED
By: /s/ Xxxxxxxx Xxxxxx
------------------------------------
Name: Xxxxxxxx Xxxxxx
Title: Authorized Signatory
By: /s/ Xxxxx Xxxxx
------------------------------------
Name: Xxxxx Xxxxx
Title: Authorized Signatory
CLYDESDALE CLO 2003 LTD.
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Managing Director
Nomura Corporate Research
and Asset Management Inc.
as Collateral Manager
CLYDESDALE CLO 2004, LTD.
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Managing Director
Nomura Corporate Research
and Asset Management Inc.
as Investment Manager
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
CLYDESDALE CLO 2005, LTD.
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Managing Director
Nomura Corporate Research
and Asset Management Inc.
as Investment Manager
CLYDESDALE CLO 2005, LTD.
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Managing Director
Nomura Corporate Research
and Asset Management Inc.
as Investment Manager
CLYDESDALE STRATEGIC CLO-1, LTD.
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Managing Director
Nomura Corporate Research
and Asset Management Inc.
as Investment Manager
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
CREDIT SUISSE INTERNATIONAL
By: /s/ Xxxxx Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
By: /s/ Xxxxxx Xxxxxxxxx
------------------------------------
Name: Xxxxxx Xxxxxxxxx
Title:
---------------------------------
CSAM (AU) SYNDICATED LOAN FUND
By: /s/ Xxxxxx Xxxxxxxx
------------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Authorized Signatory
CSAM FUNDING IV
By: /s/ Xxxxxx Xxxxxxxx
------------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Authorized Signatory
CUMBERLAND II CLO LTD.
By: Deerfield Capital Management LLC as
its Collateral Manager
By: /s/ Xxxxx Xxxx
------------------------------------
Name: Xxxxx Xxxx
Title: Sr. Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
DIAMOND SPRINGS TRADING LLC
By: /s/ X. Xxxxxxxxx Xxxxxx
------------------------------------
Name: X. Xxxxxxxxx Xxxxxx
Title: Vice President
DINOSAUR SPIRET LOAN TRUST
By: Wilmington Trust Company not in its
individual capacity but solely as
trustee
By: /s/ Xxxxxxxx X. Xxxx
------------------------------------
Name: Xxxxxxxx X. Xxxx
Title: Sr. Financial Services Officer
DIVERSIFIED INCOME STRATEGIES PORTFOLIO,
INC.
By: /s/ XxxXxxxx Xxxxx
------------------------------------
Name: XxxXxxxx Xxxxx
Title: Authorized Signatory
DKR WOLF POINT HOLDING FUND LTD.
By: /s/ Xxxxxxx Xxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxx
Title: Director
XXXXX STREET CLO 1, LTD.
By: XxXxxx Xxxxx Capital LLC,
as Collateral Manager
By: /s/ Xxxx Travere
------------------------------------
Name: Xxxx Travere
Title: Managing Director
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
XXXXX XXXXX CDO III, LTD.
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX CDO VI, LTD.
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX CDO VIII, LTD.
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX CREDIT OPPORTUNITIES FUND
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
XXXXX XXXXX FLOATING RATE INCOME TRUST
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX INSTITUTIONAL
SENIOR LOAN FUND
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX LIMITED DURATION INCOME FUND
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX SENIOR
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
XXXXX XXXXX SENIOR INCOME TRUST
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX SHORT DURATION DIVERSIFIED
INCOME FUND
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX VARIABLE LEVERAGE FUND LTD.
BY: XXXXX XXXXX MANAGEMENT
AS INVESTMENT ADVISOR
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
FALL CREEK CLO, LTD.
By: /s/ Xxxxxx X. Xxxxx
------------------------------------
Name: Xxxxxx X. Xxxxx
Title: Authorized Signatory
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
FIRST 2004-I CLO, LTD.
By: TCW Advisors, Inc.,
its Collateral Manager
By: /s/ Xxxxxxx Xxx
------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
FIRST 2004-II CLO, LTD.
By: TCW Advisors, Inc.,
its Collateral Manager
By: /s/ Xxxxxxx Xxx
------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
FLAGSHIP CLO IV,
By: Deutsche Asset Management, Inc.,
as Subadviser
By: /s/ Xxxx Xxxxx
------------------------------------
Name: Xxxx Xxxxx
Title: Director
By: /s/ Xxxx Xxxxxxx
------------------------------------
Name: Xxxx Xxxxxxx
Title: Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
FLAGSHIP CLO V,
By: Deutsche Asset Management, Inc.
By: /s/ Xxxx Xxxxx
------------------------------------
Name: Xxxx Xxxxx
Title: Director
By: /s/ Xxxx Xxxxxxx
------------------------------------
Name: Xxxx Xxxxxxx
Title: Vice President
THE FOOTHILL GROUP, INC.
By: /s/ Xxxx Xxxxxx
------------------------------------
Name: Xxxx Xxxxxx
Title: Executive Vice President
FOREST CREEK CLO, LTD.
By: Deerfield Capital Management LLC as
its Collateral Manager
By: /s/ Xxxxx Xxxx
------------------------------------
Name: Sr. Vice President
GENERAL ELECTRIC CAPITAL CORPORATION
By: /s/ Xxxxxxx X. Xxxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxxx
Title: Duly Authorized Signatory
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
XXXXXXX SACHS CREDIT PARTNERS, L.P.
By: /s/ Xxxxxx X. Xxxxx
------------------------------------
Name: Xxxxxx X. Xxxxx
Title: Authorized Signatory
THE GOVERNOR AND COMPANY OF THE BANK
OF IRELAND
By: /s/ Illegible
------------------------------------
Name:
----------------------------------
Title: Director
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Senior Vice President
XXXXXXX & CO.
By: Boston Management and Research as
Investment Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
GULF STREAM-COMPASS CLO 2003-1 LTD,
By: Gulf Stream Asset Management LLC
As Collateral Manager
By: /s/ Xxxxx Xxxx
------------------------------------
Name: Xxxxx Xxxx
Title: Chief Credit Officer
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
GULF STREAM-COMPASS CLO 2005-1 LTD,
By: Gulf Stream Asset Management LLC
As Collateral Manager
By: /s/ Xxxxx Xxxx
------------------------------------
Name: Xxxxx Xxxx
Title: Chief Credit Officer
HARBOURVIEW CLO IV, LTD.
By: /s/ Xxxx Xxxxxxx
------------------------------------
Name: Xxxx Xxxxxxx
Title: Manager
HARBOUR TOWN FUNDING LLC
By: /s/ X. Xxxxxxxxx Xxxxxx
------------------------------------
Name: X. Xxxxxxxxx Xxxxxx
Title: Vice President
THE HARTFORD MUTUAL FUNDS, INC., on
behalf of the Hartford Floating Rate
Fund by Hartford Investment Management
Company, its sub-advisor, as a lender,
By: /s/ Xxxxxxx X. Xxxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxxx
Title: Managing Director
XXXXXX'X ISLAND CDO, LTD.
By: CypressTree Investment Management
Company, Inc., as Portfolio Manager
By: /s/ Xxxxxx X. Xxxxxx
------------------------------------
Name: Xxxxxx X. Xxxxxx
Title: Managing Director
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
XXXXXX'X ISLAND CLO III, LTD.
By: CypressTree Investment Management
Company, Inc., as Portfolio Manager
By: /s/ Xxxxxx X. Xxxxxx
------------------------------------
Name: Xxxxxx X. Xxxxxx
Title: Managing Director
XXXXXX'X ISLAND CLO IV, LTD.
By: CypressTree Investment Management
Company, Inc., as Portfolio Manager
By: /s/ Xxxxxx X. Xxxxxx
------------------------------------
Name: Xxxxxx X. Xxxxxx
Title: 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
ING CAPITAL LLC
By: /s/ Xxxxxxx X. Xxxxxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxxxxx
Title: Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
ING INVESTMENT MANAGEMENT CLO I, LTD.
By: ING Investment Management Co.,
as its Investment Manager
By: /s/ Xxxx X. Xxxx, CFA
------------------------------------
Name: Xxxx X. Xxxx, CFA
Title: Vice President
ING INVESTMENT MANAGEMENT CLO II, LTD.
By: ING Alternative Asset Management
LLC, as its Investment Manager
By: /s/ Xxxx X. Xxxx
------------------------------------
Name: Xxxx X. Xxxx, CFA
Title: Vice President
ING INVESTMENT MANAGEMENT CLO III, LTD.
By: ING Alternative Asset Management
LLC, as its Investment Manager
By: /s/ Xxxx X. Xxxx
------------------------------------
Name: Xxxx X. Xxxx
Title: Vice President
ING PRIME RATE TRUST
By: ING Alternative Asset Management
LLC, as its Investment Manager
By: /s/ Xxxx X. Xxxx
------------------------------------
Name: Xxxx X. Xxxx, CFA
Title: Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
ING SENIOR INCOME FUND
By: ING Alternative Asset Management
LLC, as its Investment Manager
By: /s/ Xxxx X. Xxxx
------------------------------------
Name: Xxxx X. Xxxx, CFA
Title: Vice President
Investors Bank & Trust Company as
Sub-Custodian Agent of Cypress Tree
International Loan Holding Company
Limited
INVESTORS BANK & TRUST COMPANY AS
SUB-CUSTODIAN AGENT OF CYPRESSTREE
INTERNATIONAL LOAN HOLDING COMPANY
LIMITED
By: /s/ Xxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxx Xxxxxxx
Title: Managing Director
By: /s/ Xxxxxx Xxxxxx
------------------------------------
Name: Xxxxxx Xxxxxx
Title: Managing Director
JUPITER LOAN FUNDING LLC
By: /s/ X. Xxxxxxxxx Xxxxxx
------------------------------------
Name: X. Xxxxxxxxx Xxxxxx
Title: Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
KC CLO I LIMITED
By: /s/ Xxxxx Beriseva
------------------------------------
Name: Xxxxx Beriseva
Title: Vice President
By: /s/ Xxxxx Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
KKR FINANCIAL CLO 2005-1, LTD.
By: /s/ Xxxxxxxx X. Xxxxx
------------------------------------
Name: Xxxxxxxx X. Xxxxx
Title: Authorized Signatory
LANDMARK V CDO LIMITED
By: Aladdin Asset Management LLC
as Manager
By: /s/ Xxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxx Xxxxxxx
Title: Managing Director
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
LOAN FUNDING I LLC,
a wholly-owned subsidiary of Citibank,
N.A.
By: TCW Advisors, Inc., as Portfolio
Manager of Loan Funding I LLC
By: /s/ Xxxxxxx Xxx
------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
LIGHTPOINT CLO 2004-1, LTD.
PREMIUM LOAN TRUST I, LTD.
LIGHTPOINT CLO III, LTD.
LIGHTPOINT CLO IV, LTD.
By: /s/ Xxxxx Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title: Director
LONG GROVE CLO, LIMITED
By: Deerfield Capital Management LLC as
its Collateral Manager
By: /s/ Xxxxx Xxxx
------------------------------------
Name: Xxxxx Xxxx
Title: Sr. Vice President
LONG LANE MASTER TRUST IV
By: /s/ X. Xxxxxxxxx Xxxxxx
------------------------------------
Name: X. Xxxxxxxxx Xxxxxx
Title: Authorized Agent
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
MADISON PARK FUNDING I, LTD.
By: /s/ Xxxxxx Xxxxxxxx
------------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Authorized Signatory
MADISON PARK FUNDING II, LTD.
By: /s/ Xxxxxx Xxxxxxxx
------------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Authorized Signatory
MALIBU CBNA LOAN FUNDING LLC
By /s/ Xxx Xxxxx
------------------------------------
Name: Xxx Xxxxx
Title: Attorney-in-Fact
MARATHON CLO I LTD.
By: /s/ Xxxxx X. Hanover
------------------------------------
Name: Xxxxx X. Hanover
Title: Authorized Signatory
XXXXXXX XXXXX CAPITAL, A DIVISION OF
XXXXXXX XXXXX BUSINESS FINANCIAL
SERVICES INC.
By: /s/ Xxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxx Xxxxxxx
Title: Assistant Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
METROPOLITAN LIFE INSURANCE COMPANY
By: /s/ Xxxxxxx X. XxXxxxxx
------------------------------------
Name: Xxxxxxx X. XxXxxxxx
Title: Director
MIZUHO CORPORATE BANK, LTD.
By: /s/ Xxxx X. Xxxxxxx
------------------------------------
Name: Xxxx X. Xxxxxxx
Title: Senior Vice President
MUIRFIELD TRADING LLC
By: /s/ X. Xxxxxxxxx Xxxxxx
------------------------------------
Name: X. Xxxxxxxxx Xxxxxx
Title: Vice President
NATEXIS BANQUES POPULAIRES
By: /s/ Xxxxxx Xxxx
------------------------------------
Name: Xxxxxx Xxxx
Title: Vice President
By: /s/ Xxxxxx Xxxxx
------------------------------------
Name: Xxxxxx Xxxxx
Title: Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
NATIONWIDE MUTUAL INSURANCE COMPANY
By: /s/ Xxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxx X. Xxxxxxx
Title: Associate Vice President
Public Bonds
NCRAM LOAN TRUST
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Managing Director
Nomura Corporate Research and Asset
Management Inc. as Investment Adviser
NCRAM SENIOR LOAN TRUST 2005
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Managing Director
Nomura Corporate Research and Asset
Management Inc. as Investment Adviser
NOMURA BOND AND LOAN FUND
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Managing Director
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
NYLIM FLATIRON CLO 2003-1 LTD.
By: New York Life Investment Management
LLC, as Collateral Manager and
Attorney-in-Fact
By: /s/ Illegible
------------------------------------
Name:
----------------------------------
Title:
---------------------------------
NYLIM FLATIRON CLO 2004-1 LTD.
By: New York Life Investment Management
LLC, as Collateral Manager and
Attorney-in-Fact
By: /s/ Illegible
------------------------------------
Name:
----------------------------------
Title:
---------------------------------
NYLIM FLATIRON CLO 2005-1 LTD.
By: New York Life Investment Management
LLC, as Collateral Manager and
Attorney-in-Fact
By: /s/ Illegible
------------------------------------
Name:
----------------------------------
Title:
---------------------------------
NYLIM FLATIRON CLO 2006-1 LTD.
By: New York Life Investment Management
LLC, as Collateral Manager and
Attorney-in-Fact
By: /s/ Illegible
------------------------------------
Name:
----------------------------------
Title:
---------------------------------
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
XXXXXXXXXXX SENIOR FLOATING RATE FUND
By: /s/ Xxxx Xxxxxxx
------------------------------------
Name: Xxxx Xxxxxxx
Title: Manager
PB CAPITAL CORPORATION
By: /s/ Xxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Vice President
By: /s/ Xxxxxxxxx X. Xxxxxxxx
------------------------------------
Name: Xxxxxxxxx X. Xxxxxxxx
Title: Assistant Vice President
PPM MONARCH BAY FUNDING LLC
By: /s/ X. Xxxxxxxxx Xxxxxx
------------------------------------
Name: X. Xxxxxxxxx Xxxxxx
Title: Vice President
PPM SHADOW CREEK FUNDING LLC
By: /s/ X. Xxxxxxxxx Xxxxxx
------------------------------------
Name: X. Xxxxxxxxx Xxxxxx
Title: Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
PRESIDENT & FELLOWS OF HARVARD COLLEGE
By: Regiment Capital Management, LLC as
its Investment Advisor
By: Regiment Capital Advisors, LP its
Manager and pursuant to delegated
authority
By: /s/ Xxxxxxx X. Xxxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxxx
Title: President
Q FUNDING III, L.P.
(Illegible)
By: /s/ Xxxxxx XxXxxxxxx
------------------------------------
Name: Xxxxxx XxXxxxxxx
Title: Vice President
RACE POINT IV CLO, LTD.
By: Sankaty Advisors, LLC as Collateral
Manager
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
REGIMENT CAPITAL, LTD.
By: Regiment Capital Management, LLC as
its Investment Advisor
By: Regiment Capital Advisors, LP
its Manager and pursuant to
delegated authority
By: /s/ Xxxx X. Xxxxxxxxxx
------------------------------------
Name: Xxxx X. Xxxxxxxxxx
Title: Authorized Signatory
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
RIVERSOURCE BOND SERIES, INC.
RIVERSOURCE FLOATING RATE FUND
By: /s/ Xxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Assistant Vice President
ROSEMONT CLO, LTD.
By: Deerfield Capital Management LLC as
its Collateral Manager
By: /s/ Xxxxx Xxxx
------------------------------------
Name: Xxxxx Xxxx
Title: Sr. Vice President
SANKATY ADVISORS, LLC
as Collateral Manager for A VERY POINT
CLO, LTD., as Term Lender
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
SANKATY ADVISORS, LLC
as Collateral Manager for Castle Hill I
- INGOTS, Ltd., as Term Lender
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
SANKATY ADVISORS, LLC
as Collateral Manager for Castle Hill II
- INGOTS, Ltd., as Term Lender
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
SANKATY ADVISORS, LLC
as Collateral Manager for Castle Hill
III CLO, Limited, as Term Lender
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
SANKATY ADVISORS, LLC
as Collateral Manager for Loan Funding
XI LLC, As Term Lender
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
SANKATY ADVISORS, LLC
as Collateral Manager for Prospect
Funding I, LLC as Term Lender
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
SANKATY ADVISORS, LLC
as Collateral Manager for Race Point
CLO, Limited, as Term Lender
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
SANKATY ADVISORS, LLC
as Collateral Manager for Race Point II
CLO, Limited, as Term Lender
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
SANKATY CREDIT OPPORTUNITIES, II, L.P.
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
SANKATY HIGH YIELD PARTNERS, II, L.P.
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Executive Vice President
SATELITTE SENIOR INCOME FUND II, LLC
By: Satellite Asset Management, L.P.
Its Investment Manager
By: /s/ Simon Ratkher
------------------------------------
Name: Simon Ratkher
Title: General Counsel
SCOTIA BANK (IRELAND) LIMITED
By: /s/ Xxxx Xxxxx
------------------------------------
Name: Xxxx Xxxxx
Title: Authorized Signatory
SENIOR DEBT PORTFOLIO
By: Boston Management and Research
as Investment Advisor
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
SERVES 2006-1, LTD.
By: PPM America, Inc.
as Collateral Manager
By: /s/ Xxxxx X. Xxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxx
Title: Managing Director
SKY CBNA LOAN FUNDING
By: /s/ Xxxxx Xxxxxxx
------------------------------------
Name: Xxxxx Xxxxxxx
Title: Assistant Treasurer
STATE OF CALIFORNIA PUBLIC EMPLOYEES
RETIREMENT SYSTEM
By: /s/ Xxxxxx X. Xxxxxxxx
------------------------------------
Name: Xxxxxx X. Xxxxxxxx
Title: Senior Portfolio Manager
XXXXXXX CBNA LOAN FUNDING LLC,
for itself or as agent for Xxxxxxx CFPI
Loan Funding LLC
By: /s/ Xxx Xxxxx
------------------------------------
Name: Xxx Xxxxx
Title: Attorney-in-fact
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
TCW SELECT LOAN FUND, LIMITED
By: TCW Advisors, Inc.,
as its Collateral Manager
By: /s/ Xxxxxxx Xxx
------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
TRS IO LLC
By: /s/ Xxxxx X. Xxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxx
Title: Vice President
By: /s/ Xxxxxxx X'Xxxxxx
------------------------------------
Name: Xxxxxxx X'Xxxxxx
Title: Vice President
TRS LFDA LLC
By: Deutsche Bank AG New York Branch,
its Sole Member
By: DB Services New Jersey, Inc.
By: /s/ Xxxxx X. Xxxxxx
------------------------------------
Name: Xxxxx X. Xxxxxx
Title: Vice President
By: /s/ Xxxxxxxx X. XxXxxxxx
------------------------------------
Name: Xxxxxxxx X. XxXxxxxx
Title: Authorized Signatory
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
TRS SVCO LLC,
By: Deutsche Bank AG New York Branch,
its Sole Member
By: DB Services New Jersey, Inc.
By: /s/ Xxxxx X. Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
By: /s/ Xxxxxx Xxxxxxxx
------------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Vice President
TRUMBULL THC2 LOAN FUNDING LLC,
for itself or as agent for Trumbull THC2
CFPI Funding LLC
By: /s/ Xxx Xxxxx
------------------------------------
Name: Xxx Xxxxx
Title: Attorney-in-fact
UBS AG, STAMFORD BRANCH
By: /s/ Xxxxxxx Cervoline
------------------------------------
Name: Xxxxxxx Cervoline
Title: Associate Director
Banking Products Services, US
By: /s/ Xxxx Xxxxxxxxxxxx
------------------------------------
Name: Xxxx Xxxxxxxxxxxx
Title: Associate Director
Banking Products Services, US
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
VELOCITY CLO, LTD.
By: TCW Advisors, Inc.
as Collateral Manager
By: /s/ Xxxxxxx Xxx
------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
VENTURE CDO 2002, LIMITED
By: Its investment advisor,
MJX Asset Management LLC
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Director
VENTURE II CDO 2002, LIMITED
By: Its investment advisor,
MJX Asset Management LLC
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Director
VENTURE III CDO LIMITED
By: Its investment advisor,
MJX Asset Management LLC
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Director
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
VENTURE IV CDO LIMITED
By: Its investment advisor,
MJX Asset Management LLC
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Director
VISTA LEVERAGED INCOME FUND
By: Its investment advisor,
MJX Asset Management LLC
By: /s/ Xxxxxxx Xxxxxxx
------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Director
VITESSE CLO LTD.
By: TCW Advisors as its
Portfolio Manager
By: /s/ Xxxxxxx Xxx
------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxx
------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
WACHOVIA CAPITAL FINANCE CORP. (CENTRAL)
By: /s/ Xxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxx X. Xxxxxxx
Title: Vice President
XXXXX FARGO FOOTHILL, LLC
By: /s/ Xxxxxxx XxXxxxxxx
------------------------------------
Name: Xxxxxxx XxXxxxxxx
Title: Vice President
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
WATERVILLE FUNDING LLC
By: /s/ X. Xxxxxxxxx Xxxxxx
------------------------------------
Name: X. Xxxxxxxxx Xxxxxx
Title: Vice President
XXXXX CAPITAL MANAGEMENT - 12222133
By: /s/ Xxxx Xxxxxx
------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Analyst
XXXXX CAPITAL MANAGEMENT - 12831400
By: /s/ Xxxx Xxxxxx
------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Analyst
XXXXX CAPITAL MANAGEMENT - 13702900
By: /s/ Xxxx Xxxxxx
------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Analyst
XXXXX CAPITAL MANAGEMENT - 13823100
By: /s/ Xxxx Xxxxxx
------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Analyst
XXXXX CAPITAL MANAGEMENT - 14945000
By: /s/ Xxxx Xxxxxx
------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Analyst
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
XXXXX CAPITAL MANAGEMENT - 15605400
(VULCAN VENTURES, INC.)
By: /s/ Xxxx Xxxxxx
------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Analyst
XXXXX CAPITAL MANAGEMENT - 16017000
By: /s/ Xxxx Xxxxxx
------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Analyst
XXXXX CAPITAL MANAGEMENT - 16896700
By: /s/ Xxxx Xxxxxx
------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Analyst
Signature Page to Waiver and Seventh Amendment to
Revolving Credit, Term Loan and Guaranty Agreement
