Contract
Exhibit 10.3
AMENDMENT AND WAIVER, dated as of June 23, 2006 (this “Amendment”), among AMERICAN MEDIA, INC. (“Holdings”), AMERICAN MEDIA OPERATIONS, INC. (the “Borrower”), the lenders party hereto, and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).
A. Reference is made to the Credit Agreement dated as of January 30, 2006, as amended by the Amendment and Waiver dated as of February 13, 2006 (as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Holdings, the Borrower, the lenders party thereto, and the Administrative Agent. Capitalized terms used but not otherwise defined herein have the meanings assigned to them in the Credit Agreement.
B. Holdings and the Borrower have requested that the Required Lenders amend and waive certain provisions of the Credit Agreement. The Required Lenders are willing to agree to such amendment and waiver on the terms and subject to the conditions of this Amendment.
Accordingly, in consideration of the mutual agreements herein contained and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto hereby agree as follows:
SECTION 1. Amendment to Section 1.01 of the Credit Agreement. Section 1.01 of the Credit Agreement is amended as follows:
(a) Clause (d) of the definition of “Applicable Rate” is hereby amended and restated in its entirety as follows:
(d) Notwithstanding anything to the contrary herein, for purposes of the foregoing clauses (a) and (b), from the effective date of the Second Amendment to the Financial Statement Completion Date, the Applicable Rate shall be determined by reference to Category 1; provided that if the rating with respect to the Borrower’s senior secured bank debt is decreased below B1 by Moody’s or below B by S&P on or prior to the date that is one month after the Financial Statement Completion Date and such decrease is expressly attributable (in whole or in part) to the Delayed Financial Statements, then the Applicable Rate shall be determined by reference to Category 1 (plus, an additional 0.25% per annum until the Financial Statement Completion Date, if such decrease occurs prior to such Financial Statement Completion Date) during the period commencing on and including the date on which such decrease is announced and ending on and excluding the date on which the rating with respect to the Borrower’s senior secured bank debt from Xxxxx’x is B1 or better and from S&P is B or better.
(b) The definition of “Financial Restatement Conditions” is hereby amended and restated in its entirety as follows:
“Financial Restatement Conditions” means the conditions that the Financial Restatement (a) does not decrease the Borrower’s consolidated operating income by an amount exceeding (i) $15,000,000 for any fiscal year ended March 31, 2003, March 29, 2004 or March 31, 2005, or by more than $5,000,000 for the period of two consecutive fiscal quarters ended September 30, 2005, or (ii) $30,000,000 in the aggregate for all such periods, and (b) does not decrease the Borrower’s Consolidated EBITDA by an amount exceeding (i) $15,000,000 for any fiscal year ended March 31, 2003, March 29, 2004 or March 31, 2005, or by more than $5,000,000 for the period of two consecutive fiscal quarters ended September 30, 2005, or (ii) $30,000,000 in the aggregate for all such periods.
(c) Clause (b) of the definition of “Senior Secured Leverage Ratio” is hereby amended by inserting the following text after the words “fiscal quarters ended such date” and prior to the coma thereof “(or, if such date is not the last day of a fiscal quarter, then for the period of four consecutive fiscal quarters ended prior to that date)”.
(d) The definition of “Consolidated EBITDA” is hereby amended by inserting the following text at the end of clause (g) thereof after the coma:
(h) any nonrecurring cash expenses or charges (not exceeding $2,000,000) resulting from a sale of the Specified Assets to the extent actually incurred in the relevant period,
(e) The following defined terms are hereby inserted in the appropriate alphabetical order:
“Delayed Financial Statements” means the financial statements for the fiscal quarters ended December 31, 2005 and June 30, 2006, the Financial Restatement and the financial statements for the fiscal year ended March 31, 2006.
“Financial Statement Completion Date” means the date on which the financial statements for the fiscal quarters ended December 31, 2005 and June 30, 2006, the Financial Restatement and the financial statements for the fiscal year ended March 31, 2006, together with the certificates and reports required to be delivered pursuant to Section 5.01, have, in each case, been delivered, and any Reporting Violations (as defined in the Second Amendment) are cured.
“Second Amendment” means the Amendment and Waiver dated as of June 23, 2006.
“Specified Assets” means assets related to the publication of the following titles: Muscle and Fitness, Muscle and Fitness Hers, Flex, Country Weekly and Mira!.
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SECTION 2. Amendment to Section 2.11 of the Credit Agreement.
(a) Section 2.11(c) of the Credit Agreement is amended by inserting the following text at the end thereof:
; provided further that, in the case of any Prepayment Event involving a sale of the Specified Assets, the Borrower must prepay Term Borrowings with the Net Proceeds therefrom within five Business Days after receiving such Net Proceeds up to an amount necessary to reduce the Senior Secured Leverage Ratio, after giving effect to such prepayment, to 3.75 to 1.00 without exercising the rights set forth in the foregoing proviso (and the Borrower shall provide a certificate of a Financial Officer of the Borrower certifying that (x) no Default has occurred and is continuing or would result from such prepayment and, if a Default has occurred or would result therefrom, specifying the details thereof and any action taken or proposed to be taken with respect thereto, and (y) setting forth reasonably detailed calculations demonstrating compliance with the Senior Secured Leverage Ratio as set forth in this proviso), and any excess Net Proceeds remaining after such prepayment, may be applied pursuant to clauses (i), (ii) and (iii) of the foregoing proviso and in addition, at the Borrower’s option, may be applied to prepay, repurchase, redeem or otherwise extinguish Existing Subordinated Debt, in each case, certifying that no Default has occurred and is continuing.
(b) Section 2.11(g) of the Credit Agreement is amended by replacing the words “Restatement Completion Date” with the words “Financial Statement Completion Date”.
SECTION 3. Amendment to Section 5.01 of the Credit Agreement.
(a) Section 5.01(a) of the Credit Agreement is amended by inserting the following text at the end thereof:
; provided, that, with respect to the fiscal year ended March 31, 2006, such financial statements, as of the end of and for the fiscal year ended March 31, 2006, may be delivered later than otherwise required hereunder, but (i) shall be delivered not later than September 15, 2006 and (ii) such financial statements shall be delivered together with a certificate of the Borrower’s chief financial officer, certifying that the financial statements present fairly, in all material respects, the financial condition and results of operations of the Borrower and its Restricted Subsidiaries, in each case on a consolidated basis in accordance with GAAP consistently applied;
(b) The proviso at the end of Section 5.01(b) of the Credit Agreement is hereby amended and restated in its entirety as follows:
; provided, that, (x) with respect to the fiscal quarter ended December 31, 2005, such financial statements, as of the end of and for the fiscal quarter ended December 31, 2005, may be delivered later than otherwise required hereunder, but (i) shall be delivered upon completion of the Financial Restatement, but in any event not later than August 15, 2006, (ii) such financial statements shall be accompanied by the Financial Restatement, (iii) such financial statements and Financial Restatement shall be delivered together with a certificate of the Borrower’s chief financial officer, certifying that (A) the financial statements and Financial Restatement present fairly, in all material respects, the financial condition and results of operations of the Borrower and its Restricted Subsidiaries, in each case on a consolidated basis in accordance with GAAP consistently applied, and (B) the Financial Restatement complies with the Financial Restatement Conditions and (iv)
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the Financial Restatement shall be delivered together with or shall include a report by Deloitte & Touche LLP or other independent public accountants of recognized national standing (without a “going concern” or like qualification or exception and without any qualification or exception as to the scope of such audit) to the effect that such portion of the Financial Restatement covering fiscal year 2005 presents fairly, in all material respects, the financial condition and results of operations of the Borrower and its Restricted Subsidiaries, in each case on a consolidated basis in accordance with GAAP consistently applied, and (y) with respect to the fiscal quarter ended June 30, 2006, such financial statements, as of the end of and for the fiscal quarter ended June 30, 2006, may be delivered later than otherwise required hereunder, but (i) shall be delivered not later than September 30, 2006 and (ii) such financial statements shall be delivered together with a certificate of the Borrower’s chief financial officer, certifying that the financial statements present fairly, in all material respects, the financial condition and results of operations of the Borrower and its Restricted Subsidiaries, in each case on a consolidated basis in accordance with GAAP consistently applied;
SECTION 4. Amendment to Section 6.03(a) of the Credit Agreement. Section 6.03(a) of the Credit Agreement is hereby amended by (a) deleting the word “and” at the end of clause (ii) thereof and replacing it with “,” and (b) inserting the following text to the end of clause (iii) thereof before the semicolon and proviso:
and (iv) any Subsidiary that is part of an asset sale permitted under this Agreement may merge with another entity in order to effect a sale of such Subsidiary; provided that such merger is treated as a sale of assets and otherwise complies with, and is permitted by, this Agreement
SECTION 5. Amendment to Section 6.04 of the Credit Agreement. Section 6.04 of the Credit Agreement is hereby amended by (a) deleting the word “and” at the end of clause (h) thereof, (b) deleting the period at the end of clause (i) thereof and replacing it with the text “; and” and (c) inserting new clause (j) as follows:
(j) Guarantees by the Borrower of obligations (other than Indebtedness) of a Subsidiary Loan Party.
SECTION 6. Amendment to Section 6.05 of the Credit Agreement. Section 6.05 of the Credit Agreement is hereby amended by (a) deleting the word “and” at the end of clause (d) thereof, (b) inserting the word “and” at the end of clause (e) thereof and (c) inserting new clause (f) as follows:
(f) sale of the Specified Assets after the Financial Statement Completion Date and on or prior to the first anniversary of the effective date of the Second Amendment;
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SECTION 7. Amendment to Section 6.08(b) of the Credit Agreement. Section 6.08(b) of the Credit Agreement is hereby amended by (a) deleting the word “and” at the end of clause (vi) thereof, (b) deleting the period at the end of clause (vii) thereof and replacing it with the text “; and” and (c) inserting new clause (viii) as follows:
(viii) payments made to prepay, redeem or acquire Existing Subordinated Debt pursuant to and in compliance with Section 2.11(c); provided that any such payment shall only be permitted after making the prepayment required pursuant to Section 2.11(c); provided further that any Existing Subordinated Debt so prepaid, redeemed or acquired is cancelled and retired.
SECTION 8. Amendment to Section 6.10 of the Credit Agreement. Clause (iii) of the proviso to Section 6.10 of the Credit Agreement is hereby amended by inserting the words “or asset” immediately after both references to “Subsidiary” in clause (iii).
SECTION 9. Amendment to Section 6.12 of the Credit Agreement. The table in Section 6.12 of the Credit Agreement is hereby amended and restated in its entirety as follows:
| Period |
Ratio | |
| March 31, 2006 to and including June 30, 2006 | 8.85 to 1.00 | |
| September 30, 2006 | (i) 9.50 to 1.00, if the Borrower has not completed a sale of the Specified Assets prior to September 30, 2006, and (ii) 8.85 to 1.00, if the Borrower has completed a sale of the Specified Assets prior to September 30, 2006 | |
| December 31, 2006 to and including September 30, 2007 | 8.85 to 1.00 | |
| October 1, 2007 to and including March 31, 2008 | 8.50 to 1.00 | |
| April 1, 2008 to and including December 31, 2008 | 8.25 to 1.00 | |
| January 31, 2009 to and including September 30, 2009 | 7.75 to 1.00 | |
| October 1, 2009 and thereafter | 7.50 to 1.00 | |
SECTION 10. Amendment to Section 6.13 of the Credit Agreement. The table in Section 6.13 of the Credit Agreement is hereby amended and restated in its entirety as follows:
| Period |
Ratio | |
| March 31, 2006 to and including June 30, 2006 | 4.00 to 1.00 | |
| September 30, 2006 | (i) 4.35 to 1.00, if the Borrower has not completed a sale of the Specified Assets prior to September 30, 2006, and (ii) 4.00 to 1.00, if the Borrower has completed a sale of the Specified Assets prior to September 30, 2006 | |
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| December 31, 2006 to and including September 30, 2007 | 4.00 to 1.00 | |
| October 1, 2007 to and including March 31, 2008 | 3.75 to 1.00 | |
| April 1, 2008 to and including September 30, 2008 | 3.50 to 1.00 | |
| October 1, 2008 to and including September 30, 2009 | 3.25 to 1.00 | |
| October 1, 2009 and thereafter | 3.00 to 1.00 | |
SECTION 11. Amendment to Section 6.14 of the Credit Agreement. The table in Section 6.14 of the Credit Agreement is hereby amended and restated in its entirety as follows:
| Period |
Ratio | |
| March 31, 2006 to and including June 30, 2006 | 1.20 to 1.00 | |
| September 30, 2006 | 1.10 to 1.00 | |
| December 31, 2006 to and including December 31, 2008 | 1.20 to 1.00 | |
| January 1, 2009 and thereafter | 1.30 to 1.00 | |
SECTION 12. Waivers and Acknowledgments. (a) The undersigned Lenders hereby waive any Default arising under clause (g) of Article VII of the Credit Agreement in relation to the Existing Subordinated Debt, to the extent, but only to the extent, any such Default results from a Reporting Violation (as defined below); provided, that such waiver shall terminate and cease to apply if (i) any Existing Subordinated Debt becomes due, or is declared to become due, or is required to be prepaid, repurchased, redeemed or defeased, prior to its stated maturity, in any such case as a result of a Reporting Violation, or (ii) the holder or holders of any Existing Subordinated Debt (or the requisite number or percentage in interest entitled to do so under the terms thereof, if applicable), or any trustee or agent on its or their behalf, (A) gives notice to Holdings, the Borrower or any Subsidiary of a Reporting Violation, if the effect of such notice is to commence a grace or cure period upon the expiration of which any right or remedy may be exercised if the Reporting Violation is continuing, or (B) otherwise commences any proceeding with respect to the exercise of any material rights or remedies (as determined by the Required Lenders) that may be exercised based upon a Reporting Violation.
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(b) It is acknowledged and agreed that the mere existence of a Reporting Violation, in and of itself, shall not constitute a breach of any of the representations and warranties in the Credit Agreement or a Material Adverse Effect.
(c) For purposes hereof, the term “Reporting Violation” means any failure to comply with any provision of any agreement or instrument evidencing or governing the terms of any Existing Subordinated Debt that requires the delivery of financial statements for the Borrower and its subsidiaries or the filing by the Borrower of reports (or delivery by the Borrower of reports required to be filed by it) with the Securities and Exchange Commission, to the extent such non-compliance results from the failure by the Borrower to deliver unaudited financial statements for the fiscal quarters ended December 31, 2005 or June 30, 2006, to file its report on 10-Q for the fiscal quarters ended December 31, 2005 or June 30, 2006, to deliver audited financial statements for the fiscal year ended March 31, 2006, or to file its report on 10-K for the fiscal year ended March 31, 2006, in each case within the time required.
(d) It is acknowledged and agreed that the waivers and acknowledgments set forth in Section 7 of the First Amendment shall remain in effect after the Second Amendment Effective Date.
SECTION 13. Certain Covenants. The provisions set forth in Section 8 of the First Amendment are superceded in their entirety by this Section 13. Unless and until the financial statements for the fiscal quarters ended December 31, 2005 and June 30, 2006, the Financial Restatement, and the financial statements for the fiscal year ended March 31, 2006, together with the certificates and reports required to be delivered pursuant to Section 5.01, have, in each case, been delivered, and any Reporting Violations are cured, each of Holdings and the Borrower hereby covenants and agrees with each Lender and the Administrative Agent that:
(a) neither Holdings nor the Borrower will, nor will they permit any Restricted Subsidiary to, (i) declare or make, or agree to pay or make, directly or indirectly, any Restricted Payment otherwise permitted by clause (x)(B) of Section 6.08(a) of the Credit Agreement or (except to the extent of Restricted Payments made by the Borrower to Holdings in order to permit Holdings to make Restricted Payments of the type allowed by clauses (iii) through (v) of Section 6.08(a) of the Credit Agreement) clause (xi) of Section 6.08(a) of the Credit Agreement, or incur any obligation (contingent or otherwise) to do so or (ii) make any investment in any Unrestricted Subsidiary if any proceeds of such investment are to be used for any purpose otherwise prohibited by this clause (a); and
(b) neither Holdings nor the Borrower will, nor will they permit any Subsidiary to, give any consideration to or for the benefit of any holder of Existing Subordinated Debt for any amendment, modification or waiver of any agreement, instrument or other document evidencing or governing any Existing Subordinated Debt or any waiver or consent of or arrangement with any of such holders of the Existing Subordinated Debt, in each case with respect to a Reporting Violation; provided that the foregoing shall not prohibit payment of a cash fee (or the equivalent thereof) in connection with any such amendment, modification or waiver if (i) such fee does not exceed an amount that would be, based upon available information, usual and customary for fees paid to obtain similar consents or waivers under similar circumstances
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and (ii) at the time of, and after giving effect to, the payment of such fee, the sum of the Revolving Commitments exceeds the sum of the Revolving Exposures by at least $35,000,000.
SECTION 14. Representations and Warranties. Each of Holdings and the Borrower hereby represents and warrants to and agrees with each Lender and the Administrative Agent that, after giving effect to this Amendment:
(a) the representations and warranties set forth in Article III of the Credit Agreement are true and correct in all material respects with the same effect as if made on the Second Amendment Effective Date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties are true and correct as of such earlier date; and
(b) as of the Second Amendment Effective Date, no Default has occurred and is continuing.
SECTION 15. Conditions to Effectiveness. This Amendment (including the waivers set forth in Section 12 above) shall become effective as of the date of the satisfaction in full of the following conditions precedent (the “Second Amendment Effective Date”):
(a) the Administrative Agent shall have received duly executed counterparts hereof that, when taken together, bear the authorized signatures of Holdings, the Borrower and the Required Lenders;
(b) the Administrative Agent shall have received all other amounts due and payable under the Credit Agreement on or prior to the Second Amendment Effective Date, including, to the extent invoiced, all reasonable out-of-pocket costs and expenses of the Administrative Agent (including, without limitation, the reasonable fees, charges and disbursements of Cravath, Swaine & Xxxxx LLP, counsel for the Administrative Agent); and
(c) the Administrative Agent shall have received the Amendment Fee (as defined below).
SECTION 16. Amendment Fee. In consideration of the agreements of the Lenders contained in this Amendment, Holdings and the Borrower jointly agree to pay to the Administrative Agent, for the account of each Lender that delivers an executed counterpart of this Amendment prior to 12:00 p.m., noon, New York City time, on June 23, 2006, an amendment fee (the “Amendment Fee”) in an amount separately disclosed or agreed in writing.
SECTION 17. Credit Agreement. Except as specifically stated herein, the Credit Agreement shall continue in full force and effect in accordance with the provisions thereof. This Amendment shall constitute a Loan Document.
SECTION 18. Applicable Law. THIS AMENDMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK.
SECTION 19. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be an original but all of which, when taken together, shall
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constitute but one instrument. Delivery of an executed counterpart of a signature page of this Amendment by telecopy shall be effective as delivery of a manually executed counterpart of this Amendment.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their respective authorized officers as of the date first above written.
| AMERICAN MEDIA, INC., | ||
| by | /s/ Xxxxxx Xxxxxxx | |
| Name: Xxxxxx Xxxxxxx | ||
| Title: Senior Vice President and Chief Financial Officer | ||
| AMERICAN MEDIA OPERATIONS, INC., | ||
| by | /s/ Xxxxxx Xxxxxxx | |
| Name: Xxxxxx Xxxxxxx | ||
| Title: Senior Vice President and Chief Financial Officer | ||
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| JPMORGAN CHASE BANK, N.A., individually and as Administrative Agent, | ||
| by | /s/ Xxxxx X. Xxxxxx | |
| Name: Xxxxx X. Xxxxxx | ||
| Title: Vice President | ||
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SIGNATURE PAGE TO AMENDMENT AND WAIVER DATED AS OF THE DATE SET FORTH ABOVE, AMONG AMERICAN MEDIA, INC., AMERICAN MEDIA OPERATIONS, INC., THE LENDERS PARTY HERETO, AND JPMORGAN CHASE BANK, N.A., AS ADMINISTRATIVE AGENT.
| Lender Name: | AIG BANK LOAN FUND LTD. | |
| By: AIG Global Investment Corp., Its | ||
| Investment Manager | ||
| by | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | AIM FLOATING RATE FUND | |
| By: INVESCO Senior Secured Management, | ||
| Inc. As Sub-Adviser | ||
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: | ALZETTE EUROPEAN CLO S.A. | |
| By: INVESCO Senior Secured Management, | ||
| Inc. As Collateral Manager | ||
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
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| Lender Name: | AMERIPRISE CERTIFICATE COMPANY | |
| By: RiverSource Investments, LLC as | ||
| Collateral Manager |
| by | /s/ Xxxxxx X. Xxxxxxx | |
| Name: Xxxxxx X. Xxxxxxx | ||
| Title: Assistant Vice President | ||
| Lender Name: | AMMC CDO II, LIMITED | |
| By: American Money Management Corp., | ||
| as Collateral Manager | ||
| by | /s/ Xxxxx X. Xxxxx | |
| Name: Xxxxx X. Xxxxx | ||
| Title: Senior Vice President | ||
| Lender Name: | AMMC CDO III, LIMITED | |
| By: American Money Management Corp., | ||
| as Collateral Manager | ||
| by | /s/ Xxxxx X. Xxxxx | |
| Name: Xxxxx X. Xxxxx | ||
| Title: Senior Vice President | ||
| Lender Name: | AMMC CLO IV, LIMITED | |
| By: American Money Management Corp., | ||
| as Collateral Manager | ||
| by | /s/ Xxxxx X. Xxxxx | |
| Name: Xxxxx X. Xxxxx | ||
| Title: Senior Vice President | ||
| Lender Name: | ATLAS LOAN FUNDING (NAVIGATOR), LLC | |
| By: Atlas Capital Funding, Ltd. | ||
| By: Structured Asset Investors, LLC | ||
| Its Investment Manager | ||
| by | /s/ Xxxxx X. Xxxxx | |
| Name: Xxxxx X. Xxxxx | ||
| Title: Associate | ||
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| Lender Name: | AVALON CAPITAL LTD. 3 | |
| By: INVESCO Senior Secured Management, | ||
| Inc. As Asset Manager |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: | SANKATY ADVISORS, LLC | |
| As Collateral Manager for Xxxxx Point CLO, | ||
| Ltd. as Term Lender | ||
| by | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Executive Vice President | ||
| Lender Name: | XXXXX STREET CLO, LTD | |
| by | /s/ R. Xxx X’Xxxxxx | |
| Name: R. Xxx X’Xxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: | BABSON CLO LTD. 2003-I | |
| BABSON CLO LTD. 2004-I | ||
| BABSON CLO LTD. 2004-II | ||
| BABSON CLO LTD. 2005-I | ||
| BABSON CLO LTD. 2005-III | ||
| BABSON CLO LTD. 2006-I | ||
| SUFFIELD CLO, LIMITED | ||
| By: Babson Capital Management LLC as Collateral Manager | ||
| by | /s/ Xxxxxxxx Xxxxxxx | |
| Name: Xxxxxxxx Xxxxxxx | ||
| Title: Managing Director | ||
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| Lender Name: | C.M. LIFE INSURANCE COMPANY | |
| By: Babson Capital Management LLC as Investment Sub-Adviser |
| by | /s/ Xxxxxxxx Xxxxxxx | |
| Name: Xxxxxxxx Xxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: | MAPLEWOOD (CAYMAN) LIMITED | |
| By: Babson Capital Management LLC as Investment Manager | ||
| by | /s/ Xxxxxxxx Xxxxxxx | |
| Name: Xxxxxxxx Xxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: | XXXX & XXXXXXX XXXXX FOUNDATION | |
| By: Babson Capital Management LLC as Investment Adviser | ||
| by | /s/ Xxxxxxxx Xxxxxxx | |
| Name: Xxxxxxxx Xxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: | BEAR XXXXXXX CORPORATE LENDING INC. | |
| by | /s/ Xxxxxx Xxxxxxxxxxxx | |
| Name: Xxxxxx Xxxxxxxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | BEAR XXXXXXX LOAN TRUST | |
| By: Bear Xxxxxxx Asset Management, Inc., as its attorney-in-fact | ||
| by | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Managing Director | ||
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| Lender Name: | BELHURST CLO LTD. | |
| By: INVESCO Senior Secured Management, Inc. as Collateral Manager |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: | BIG SKY III SENIOR LOAN TRUST | |
| By: Xxxxx Xxxxx Management as Investment Advisor | ||
| by | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | BLACK DIAMOND CLO 0000-0 (XXXXXX) LTD. | |
| By: Black Diamond Capital Management, L.L.C. as its Collateral Manager Advisor | ||
| by | /s/ Xxxxx X. Xxxxx, Xx. | |
| Name: Xxxxx X. Xxxxx, Xx. | ||
| Title: President & Managing Partner, Black Diamond Capital Management, L.L.C. | ||
| Lender Name: | BOSTON HARBOR CLO 2004-1 LTD. | |
| by | /s/ Xxxx Xxxxx | |
| Name: Xxxx Xxxxx | ||
| Title: Vice President | ||
| Lender Name: | CALLIDUS DEBT PARTNERS CLO FUND II, LTD. | |
| By: Its Collateral Manager, Callidus Capital Management, LLC | ||
| by | /s/ Xxx Xxxxxxxx | |
| Name: Xxx Xxxxxxxx | ||
| Title: Principal | ||
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| Lender Name: | CANYON CAPITAL CDO 2002-1 LTD. | |
| By: Canyon Capital Advisors LLC, a Delaware limited liability company, its Collateral Manager |
| by | /s/ Xxxxxxx X. Xxxxx | |
| Name: Xxxxxxx X. Xxxxx | ||
| Title: Managing Director | ||
| Lender Name: | CARLYLE HIGH YIELD PARTNERS IV, LTD | |
| by | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
| Lender Name: | CARLYLE HIGH YIELD PARTNERS VI, LTD | |
| by | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
| Lender Name: | CARLYLE HIGH YIELD PARTNERS VII, LTD | |
| by | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
| Lender Name: | CARLYLE HIGH YIELD PARTNERS VIII, LTD | |
| by | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
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| Lender Name: | CARLYLE HIGH YIELD PARTNERS IX, LTD |
| by | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
| Lender Name: | CARLYLE LOAN INVESTMENT, LTD. |
| by | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
| Lender Name: | CARLYLE LOAN OPPORTUNITY FUND |
| by | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
| Lender Name: | SANKATY ADVISORS, LLC As Collateral Manager for Castle Hill I – INGOTS, Ltd., as Term Lender |
| by | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Executive Vice President | ||
| Lender Name: | SANKATY ADVISORS, LLC As Collateral Manager for Castle Hill II – INGOTS, Ltd., as Term Lender |
| by | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Executive Vice President | ||
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| Lender Name: | SANKATY ADVISORS, LLC As Collateral Manager for Castle Hill III, CLO, Limited, as Term Lender |
| by | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Executive Vice President | ||
| Lender Name: | CELEBRITY CLO LIMITED By: TCW Advisors, Inc., as Agent |
| by | /s/ G. Xxxxx Xxxxxx | |
| Name: G. Xxxxx Xxxxxx | ||
| Title: Vice President | ||
| by | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | CENTURION CDO VI, LTD. By: RiverSource Investments, LLC as Collateral Manager |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Supervisor – Fixed Income | ||
| Lender Name: | CENTURION CDO VII, LTD. By: RiverSource Investments, LLC as Collateral Manager |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Supervisor – Fixed Income | ||
| Lender Name: | CENTURION CDO 8, LIMITED By: RiverSource Investments, LLC as Collateral Manager |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Supervisor – Fixed Income | ||
19
| Lender Name: | CENTURION CDO 9, LTD. By: RiverSource Investments, LLC as Collateral Manager |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Supervisor – Fixed Income | ||
| Lender Name: | CENT CDO 10, LTD. By: RiverSource Investments, LLC as Collateral Manager |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Supervisor – Fixed Income | ||
| Lender Name: | CENT CDO XI, LIMITED By: RiverSource Investments, LLC as Collateral Manager |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Supervisor – Fixed Income | ||
| Lender Name: | CHAMPLAIN CLO, LTD. By: INVESCO Senior Secured Management, Inc. as Collateral Manager |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: | CHARTER VIEW PORTFOLIO By: INVESCO Senior Secured Management, Inc. as Investment Advisor |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
20
| Lender Name: | CHATHAM LIGHT II CLO, LIMITED, By: Sankaty Advisors LLC, as Collateral Manager |
| by | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Executive Vice President | ||
| Lender Name: | CIT LENDING SERVICES CORPORATION |
| by | /s/ Xxxxx Xxxxxxx | |
| Name: Xxxxx Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | CYPRESSTREE CLAIF FUNDING LLC |
| by | /s/ Xxxx X. Xxxxxxx | |
| Name: Xxxx X. Xxxxxxx | ||
| Title: Assistant Vice President | ||
| Lender Name: | DEL MAR CLO I, LTD. By: Xxxxxxx-Xxxxxx Capital Management, LLC as Collateral Manager |
| by | /s/ Xxxx Xxxxxx | |
| Name: Xxxx Xxxxxx | ||
| Title: Co-Director of Research | ||
| Lender Name: | DEUTSCHE BANK TRUST COMPANY AMERICAS |
| by | /s/ Xxxxx XxXxxxx | |
| Name: Xxxxx XxXxxxx | ||
| Title: Director | ||
| by | /s/ Xxxxxx Xxxxxxx | |
| Name: Xxxxxx Xxxxxxx | ||
| Title: Vice President | ||
21
| Lender Name: | DIVERSIFIED CREDIT PORTFOLIO LTD. By: INVESCO Senior Secured Management, Inc. as Investment Adviser |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: |
XXXXX STREET CLO II, LTD. By: XxXxxx Xxxxx Capital LLC, as Interim Collateral Manager |
| by | /s/ Xxxx Xxxxxxx | |
| Name: Xxxx Xxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: | XXXXX XXXXX CDO VI LTD. | |
| By: Xxxxx Xxxxx Management as Investment Advisor |
| by | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | XXXXX XXXXX CDO VIII LTD. By: Xxxxx Xxxxx Management as Investment Advisor |
| by | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | 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 | ||
22
| Lender Name: | XXXXX XXXXX SENIOR LOAN FUND By: Xxxxx Xxxxx Management as Investment Advisor |
| by | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | 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 | ||
| Lender Name: | XXXXX XXXXX SENIOR FLOATING- RATE TRUST By: Xxxxx Xxxxx Management as Investment Advisor |
| by | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | XXXXX XXXXX INCOME TRUST By: Xxxxx Xxxxx Management as Investment Advisor |
| by | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | 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 | ||
23
| Lender Name: | 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 | ||
| Lender Name: | XXXXX XXXXX VT FLOATING-RATE INCOME FUND By: Xxxxx Xxxxx Management as Investment Advisor |
| by | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | FAIRWAY LOAN FUNDING COMPANY By: Pacific Investment Management Company LLC, as its Investment Advisor |
| by | /s/ Xxxxx X. Xxxxxxxxxx | |
| Name: Xxxxx X. Xxxxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: | FIRST 2004-I CLO, LTD. By: TCW Advisors, Inc., its Collateral Manager |
| by | /s/ G. Xxxxx Xxxxxx | |
| Name: G. Xxxxx Xxxxxx | ||
| Title: Vice President | ||
| by | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
24
| Lender Name: | FIRST 2004-II CLO, LTD. By: TCW Advisors, Inc., its Collateral Manager |
| by | /s/ G. Xxxxx Xxxxxx | |
| Name: G. Xxxxx Xxxxxx | ||
| Title: Vice President | ||
| by | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | FOUNDERS GROVE CLO, LTD. By: Tall Tree Investment Management, LLC as Collateral Manager |
| by | /s/ Xxxx Xxxxx | |
| Name: Xxxx Xxxxx | ||
| Title: Officer | ||
| Lender Name: | GALAXY CLO 2003-1, LTD. By: AIG Global Investment Corp., Inc. Its Collateral Manager |
| by | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | GALAXY III CLO, LTD. By: AIG Global Investment Corp., Its Collateral Manager |
| by | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Vice President | ||
25
| Lender Name: | GALAXY IV CLO, LTD. By: AIG Global Investment Corp., Its Collateral Manager |
| by | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | GALAXY V CLO, LTD. By: AIG Global Investment Corp., Its Collateral Manager |
| by | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | GALAXY VI CLO, LTD. By: AIG Global Investment Corp., Its Collateral Manager |
| by | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | GALLATIN CLO II 2005-1 LTD. By: Bear Xxxxxxx Asset Management Inc. As its Collateral Manager |
| by | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: | GALLATIN FUNDING I LTD. By: Bear Xxxxxxx Asset Management Inc. As its Collateral Manager |
| by | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Managing Director | ||
26
| Lender Name: | GENERAL ELECTRIC CAPITAL CORPORATION |
| by | /s/ Xxxxxxx X. Xxxx | |
| Name: Xxxxxxx X. Xxxx | ||
| Title: Duly Authorized Signatory | ||
| Lender Name: | GLOBAL ENHANCED LOAN FUND S.A. By: Pacific Investment Management Company LLC, as its Investment Advisor |
| by | /s/ Xxxxx X. Xxxxxxxxxx | |
| Name: Xxxxx X. Xxxxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: | STATE STREET BANK & TRUST COMPANY as Trustee For GMAM Group Pension Trust I |
| by | /s/ Xxxxxxx Xxxxxxxxx | |
| Name: Xxxxxxx Xxxxxxxxx | ||
| Title: Client Service Officer | ||
| Lender Name: | GRAND CENTRAL ASSET TRUST, LAC SERIES |
| by | /s/ Xxx Xxxxx | |
| Name: Xxx Xxxxx | ||
| Title: Attorney-in-fact | ||
| Lender Name: | XXXXXXX & CO By: Boston Management and Research As Investment Advisor |
| by | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
27
| Lender Name: | GRAYSTON CLO II 2004-1 LTD. By: Bear Xxxxxxx Asset Management, Inc., as its Collateral Manager |
| by | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: | HALCYON STRUCTURED ASSET MANAGEMENT LONG SECURED/SHORT UNSECURED CLO I LTD. By: Halcyon Structured Asset Management L.P., as Collateral Manager. By: Halcyon Structured Asset Management LLC, its sole general partner |
| by | /s/ Xxxxx Xxxxxxxx | |
| Name: Xxxxx Xxxxxxxx | ||
| Title: Chief Financial Officer | ||
| Lender Name: | HAMLET II, LTD. By: Octagon Credit Investors, LLC as Portfolio Manager |
| by | /s/ Xxxxxx X. Xxxxxx | |
| Name: Xxxxxx X. Xxxxxx | ||
| Title: Portfolio Manager | ||
| Lender Name: | HARBOUR TOWN FUNDING LLC |
| by | /s/ Xxxxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxxxx X. Xxxxxxx | ||
| Title: Assistant Vice President | ||
28
| Lender Name: | HY-FI TRUST, BY JPMORGAN CHASE BANK, N.A. (F/K/A/ JPMORGAN CHASE BANK) SOLELY AS TRUSTEE (AND NOT IN ITS INDIVIDUAL CAPACITY) By: Octagon Credit Investors, LLC. as Portfolio Manager |
| by | /s/ Xxxxxx X. Xxxxxx | |
| Name: Xxxxxx X. Xxxxxx | ||
| Title: Portfolio Manager | ||
| Lender Name: | IDS LIFE INSURANCE COMPANY By: RiverSource Investments, LLC as Collateral Manager |
| by | /s/ Xxxxxx X. Xxxxxxx | |
| Name: Xxxxxx X. Xxxxxxx | ||
| Title: Assistant Vice President | ||
| Lender Name: | ING PRIME RATE TRUST By: ING Investment Management Co. as its Investment Manager |
| by | /s/ Xxxxxxx Xxxxx | |
| Name: Xxxxxxx Xxxxx | ||
| Title: Vice President | ||
| Lender Name: | ING SENIOR INCOME FUND By: ING Investment Management Co. as its Investment Manager |
| by | /s/ Xxxxxxx Xxxxx | |
| Name: Xxxxxxx Xxxxx | ||
| Title: Vice President | ||
| Lender Name: | ING INTERNATIONAL (II) – SENIOR BANK LOANS EURO By: ING Investment Management Co. as its Investment Manager |
| by | /s/ Xxxxxxx Xxxxx | |
| Name: Xxxxxxx Xxxxx | ||
| Title: Vice President | ||
29
| Lender Name: |
XXXXXXX XXX 0000-0 LTD. By: INVESCO Senior Secured Management, Inc. As Portfolio Advisor |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: |
INVESCO EUROPEAN CDO I S.A. By: INVESCO Senior Secured Management, Inc. As Collateral Manager |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: |
KATONAH II, LTD. by Sankaty Advisors LLC as Sub-Advisors |
| by | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Executive Vice President | ||
| Lender Name: |
KATONAH III, LTD. by Sankaty Advisors LLC as Sub-Advisors |
| by | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Executive Vice President | ||
| Lender Name: |
KATONAH IV, LTD. By Sankaty Advisors, LLC as Sub-Advisors |
| by | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Executive Vice President | ||
30
| Lender Name: |
KATONAH V, LTD. By: INVESCO Senior Secured Management, Inc. As Investment Manager |
| by | /s/ Xxxxx Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: |
KENNECOTT FUNDING LTD. |
| by | /s/ Xxxxxxx Xxxxx | |
| Name: Xxxxxxx Xxxxx | ||
| Title: Director | ||
| Lender Name: |
KZH PONDVIEW LLC |
| by | /s/ Xxx Xxx Xxx | |
| Name: Xxx Xxx Xxx | ||
| Title: Authorized Agent | ||
| Lender Name: |
KZH SOLEIL-2 LLC |
| by | /s/ Xxx Xxx Xxx | |
| Name: Xxx Xxx Xxx | ||
| Title: Authorized Agent | ||
| Lender Name: |
LAGUNA FUNDING LLC |
| by | /s/ Xxxxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: |
LANDMARK IV CDO LIMITED By: Aladdin Capital Management, as Manager |
| by | /s/ Xxxx X. X’Xxxxxx | |
| Name: Xxxx X. X’Xxxxxx | ||
| Title: Authorized Signatory | ||
31
| Lender Name: |
LATITUDE CLO II LTD. |
| by | /s/ Xxxx Xxxxxxx | |
| Name: Xxxx Xxxxxxx | ||
| Title: Senior Vice President | ||
| Lender Name: |
XXXXXX COMMERCIAL PAPER INC. |
| by | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: |
LOAN FUNDING III LLC By: Pacific Investment Management Company LLC, as its Investment Advisor |
| by | /s/ Xxxxx X. Xxxxxxxxxx | |
| Name: Xxxxx X. Xxxxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: |
LOAN FUNDING IX LLC, FOR ITSELF OR AS AGENT FOR CORPORATE LOAN FUNDING IX LLC By: INVESCO Senior Secured Management, Inc. As Portfolio Manager |
| by | /s/ Xxxxx Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: |
SANKATY ADVISORS, LLC as Collateral Manager for Loan Funding XI LLC, As Term Lender |
| by | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Executive Vice President | ||
32
| Lender Name: |
XXXXXX XXXXXXX PRIME INCOME TRUST |
| by | /s/ Xxxxx X. Xxx | |
| Name: Xxxxx X. Xxx | ||
| Title: Executive Director | ||
| Lender Name: |
MOSELLE CLO S.A. By: INVESCO Senior Secured Management, Inc. As Collateral Manager |
| by | /s/ Xxxxx Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: |
NATEXIS BANQUES POPULAIRES |
| by | /s/ Xxxxxxxxx X. Xxxxxx | |
| Name: Xxxxxxxxx X. Xxxxxx | ||
| Title: Vice President | ||
| by | /s/ Xxxx X. Xxxxx | |
| Name: Xxxx X. Xxxxx | ||
| Title: Vice President | ||
| Lender Name: |
NAUTIQUE FUNDING LTD. By: INVESCO Senior Secured Management, Inc. As Collateral Manager |
| by | /s/ Xxxxx Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: |
NAVIGARE FUNDING I By: Navigare Partners, LLC, Its collateral manager |
| by | /s/ Xxxxxx X. Xxxxxxx | |
| Name: Xxxxxx X. Xxxxxxx | ||
| Title: Managing Director | ||
33
| Lender Name: |
NORTHWOODS CAPITAL IV, LIMITED By: Xxxxxx, Xxxxxx & Co., L.P., As Collateral Manager |
| by |
/s/ Xxxxxxx Xxxxxxxx | |
| Name: Xxxxxxx Xxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: |
NORTHWOODS CAPITAL V, LIMITED By: Xxxxxx, Xxxxxx & Co., L.P. As Collateral Manager |
| by |
/s/ Xxxxxxx Xxxxxxxx | |
| Name: Xxxxxxx Xxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: |
NORTHWOODS CAPITAL VI, LIMITED By: Xxxxxx, Xxxxxx & Co., L.P. As Collateral Manager |
| by |
/s/ Xxxxxxx Xxxxxxxx | |
| Name: Xxxxxxx Xxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: |
OCTAGON INVESTMENT PARTNERS V, LTD. By: Octagon Credit Investors, LLC as Portfolio Manager |
| by |
/s/ Xxxxxx X. Xxxxxx | |
| Name: Xxxxxx X. Xxxxxx | ||
| Title: Portfolio Manager | ||
| Lender Name: |
OCTAGON INVESTMENT PARTNERS VI, LTD. By: Octagon Credit Investors, LLC as collateral manager |
| by |
/s/ Xxxxxx X. Xxxxxx | |
| Name: Xxxxxx X. Xxxxxx | ||
| Title: Portfolio Manager | ||
34
| Lender Name: |
OCTAGON INVESTMENT PARTNERS VII, LTD. By: Octagon Credit Investors, LLC as collateral manager |
| by |
/s/ Xxxxxx X. Xxxxxx | |
| Name: Xxxxxx X. Xxxxxx | ||
| Title: Portfolio Manager | ||
| Lender Name: |
OCTAGON INVESTMENT PARTNERS VIII, LTD. By: Octagon Credit Investors, LLC as collateral manager |
| by |
/s/ Xxxxxx X. Xxxxxx | |
| Name: Xxxxxx X. Xxxxxx | ||
| Title: Portfolio Manager | ||
| Lender Name: |
OCTAGON INVESTMENT PARTNERS IX, LTD. By: Octagon Credit Investors, LLC as Manager |
| by |
/s/ Xxxxxx X. Xxxxxx | |
| Name: Xxxxxx X. Xxxxxx | ||
| Title: Portfolio Manager | ||
| Lender Name: |
OCTAGON INVESTMENT PARTNERS X, LTD. By: Octagon Credit Investors, LLC as Collateral Manager |
| by |
/s/ Xxxxxx X. Xxxxxx | |
| Name: Xxxxxx X. Xxxxxx | ||
| Title: Portfolio Manager | ||
| Lender Name: |
ORIX FINANCE CORP. |
| by |
/s/ Xxxxxxxxxxx X. Xxxxx | |
| Name: Xxxxxxxxxxx X. Xxxxx | ||
| Title: Authorized Representative | ||
35
| Lender Name: |
OSP FUNDING LLC |
| by |
/s/ Xxxxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxxxx X. Xxxxxxx | ||
| Title: Assistant Vice President | ||
| Lender Name: |
PARK AVENUE LOAN TRUST By: TCW Advisors, Inc., as Agent |
| by |
/s/ G. Xxxxx Xxxxxx | |
| Name: G. Xxxxx Xxxxxx | ||
| Title: Vice President | ||
| by |
/s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
| Lender Name: |
PETRUSSE EUROPEAN CLO S.A. By: INVESCO Senior Secured Management, Inc. As Collateral Manager |
| by |
/s/ Xxxxx Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: |
PIMCO FLOATING RATE INCOME FUND By: Pacific Investment Management Company LLC, as its Investment Advisor, acting through Investors Fiduciary Trust Company in the Nominee Name of IFTCO |
| by |
/s/ Xxxxx X. Xxxxxxxxxx | |
| Name: Xxxxx X. Xxxxxxxxxx | ||
| Title: Managing Director | ||
36
| Lender Name: |
PIMCO FLOATING RATE STRATEGY FUND By: Pacific Investment Management Company LLC, as its Investment Advisor, acting through Investors Fiduciary Trust Company in the Nominee Name of IFTCO |
| by |
/s/ Xxxxx X. Xxxxxxxxxx | |
| Name: Xxxxx X. Xxxxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: |
PINEHURST TRADING, INC. |
| by |
/s/ Xxxxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxxxx X. Xxxxxxx | ||
| Title: Assistant Vice President | ||
| Lender Name: |
PPM MONARCH BAY FUNDING LLC |
| by |
/s/ Xxxxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxxxx X. Xxxxxxx | ||
| Title: Assistant Vice President | ||
| Lender Name: |
PPM SHADOW CREEK FUNDING LLC |
| by |
/s/ Xxxxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxxxx X. Xxxxxxx | ||
| Title: Assistant Vice President | ||
| Lender Name: |
XXXXXX BANK LOAN FUND (CAYMAN) MASTER FUND, a series of the XXXXXX OFFSHORE MASTER SERIES TRUST, by The Xxxxxx Advisory Company, LLC |
| by |
/s/ Xxxxxx Xxxxx | |
| Name: Xxxxxx Xxxxx | ||
| Title: Vice President | ||
37
| Lender Name: |
XXXXXX FLOATING RATE INCOME FUND |
| by | /s/ Xxxx Xxxxx | |
| Name: Xxxx Xxxxx | ||
| Title: Vice President | ||
| Lender Name: |
SANKATY ADVISORS, LLC as Collateral Manager for Race Point CLO, Limited, as Term Lender |
| by | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Executive Vice President | ||
| Lender Name: |
SANKATY ADVISORS, LLC as Collateral Manager for Race Point II CLO, Limited, as Term Lender |
| by | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Executive Vice President | ||
| Lender Name: |
SANKATY ADVISORS, LLC as Collateral Manager for Race Point III, CLO Ltd. as Term Lender |
| by | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Executive Vice President | ||
| Lender Name: |
RIVERSOURCE BOND SERIES, INC. RIVERSOURCE FLOATING RATE FUND |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Assistant Vice President | ||
38
| Lender Name: |
ROSEDALE CLO, LTD. By: Princeton Advisory Group, Inc. the Collateral Manager acting as attorney-in-fact |
| by | /s/ Xxxxxx Xxxxxx | |
| Name: Xxxxxx Xxxxxx | ||
| Title: Senior Analyst | ||
| Lender Name: |
SAGAMORE CLO LTD. By: INVESCO Senior Secured Management, Inc. As Collateral Manager |
| by | /s/ Xxxxx Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: |
SARATOGA CLO I, LIMITED By: INVESCO Senior Secured Management, Inc. As Asset Manager |
| by | /s/ Xxxxx Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: |
SATURN TRUST By: AIG Global Investment Corp., Inc. Its Investment Advisor |
| by | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: |
SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor |
| by | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
39
| Lender Name: |
SEQUILS-CENTURION V, LTD. By: RiverSource Investments, LLC as Collateral Manager |
| by | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | ||
| Title: Supervisor – Fixed Income | ||
| Lender Name: |
SERVES 2006-1, LTD. By: PPM America, Inc., as Collateral Manager |
| by | /s/ Xxxxx Xxxxxx | |
| Name: Xxxxx Xxxxxx | ||
| Title: Managing Director | ||
| Lender Name: |
SOUTHPORT CLO, LIMITED By: Pacific Investment Management Company LLC, as its Investment Advisor |
| by | /s/ Xxxxx X. Xxxxxxxxxx | |
| Name: Xxxxx X. Xxxxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: |
SUNAMERICA LIFE INSURANCE COMPANY By: AIG Global Investment Corp., Inc. Its Investment Advisor |
| by | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Vice President | ||
40
| Lender Name: |
TCW SELECT LOAN FUND, LIMITED By: TCW Advisors, Inc. as its Collateral Manager |
| by | /s/ Xxxxx Xxxxxx | |
| Name: G. Xxxxx Xxxxxx | ||
| Title: Vice President | ||
| by | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
| Lender Name: |
TCW SENIOR SECURED FLOATING RATE LOAN FUND, L.P. By: TCW Advisors, Inc., as its Investment Advisor |
| by | /s/ Xxxxx Xxxxxx | |
| Name: G. Xxxxx Xxxxxx | ||
| Title: Vice President | ||
| by | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
| Lender Name: |
TCW SENIOR SECURED LOAN FUND By: TCW Advisors, Inc., as its Investment Advisor |
| by | /s/ Xxxxx Xxxxxx | |
| Name: G. Xxxxx Xxxxxx | ||
| Title: Vice President | ||
| by | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
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| Lender Name: | THE NORINCHUKIN BANK, NEW YORK BRANCH, THROUGH STATE STREET BANK AND TRUST COMPANY N.A. AS FIDUCIARY CUSTODIAN By: Xxxxx Xxxxx Management, Attorney-in-fact |
| by | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | TORONTO DOMINION (NEW YORK), LLC |
| by | /s/ Xxxxxx Xxxxxxx | |
| Name: Xxxxxx Xxxxxxx | ||
| Title: Authorized Signatory | ||
| Lender Name: | TRIMARAN CLO IV LTD. By Trimaran Advisors, L.L.C. |
| by | /s/ Xxxxx X. Xxxxxxxx | |
| Name: Xxxxx X. Xxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: | TRIMARAN CLO V LTD. By Trimaran Advisors, L.L.C. |
| by | /s/ Xxxxx X. Xxxxxxxx | |
| Name: Xxxxx X. Xxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: | TRIMARAN CLO VI LTD. By Trimaran Advisors, L.L.C. |
| by | /s/ Xxxxx X. Xxxxxxxx | |
| Name: Xxxxx X. Xxxxxxxx | ||
| Title: Managing Director | ||
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| Lender Name: | XXX XXXXXX SENIOR INCOME TRUST By: Xxx Xxxxxx Asset Management |
| by | /s/ Xxxxxxxxx Xxxxxxxx | |
| Name: Xxxxxxxxx Xxxxxxxx | ||
| Title: Executive Director | ||
| Lender Name: | XXX XXXXXX SENIOR LOAN FUND By: Xxx Xxxxxx Asset Management |
| by | /s/ Xxxxxxxxx Xxxxxxxx | |
| Name: Xxxxxxxxx Xxxxxxxx | ||
| Title: Executive Director | ||
| Lender Name: | VELOCITY CLO, LTD. By: TCW Advisors, Inc., its Collateral Manager |
| by | /s/ G. Xxxxx Xxxxxx | |
| Name: G. Xxxxx Xxxxxx | ||
| Title: Vice President | ||
| by | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
| Lender Name: | VITESSE CLO LTD. By: TCW Advisors as its Portfolio Manager |
| by | /s/ G. Xxxxx Xxxxxx | |
| Name: G. Xxxxx Xxxxxx | ||
| Title: Vice President | ||
| by | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
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| Lender Name: | WATERVILLE FUNDING LLC |
| by | /s/ Xxxxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxxxx X. Xxxxxxx | ||
| Title: Assistant Vice President | ||
| Lender Name: | WAVELAND – INGOTS, LTD. By: Pacific Investment Management Company LLC, as its Investment Advisor |
| by | /s/ Xxxxx X. Xxxxxxxxxx | |
| Name: Xxxxx X. Xxxxxxxxxx | ||
| Title: Managing Director | ||
| Lender Name: | WB LOAN FUNDING 2, LLC |
| by | /s/ Xxxxx X. Xxxxx | |
| Name: Xxxxx X. Xxxxx | ||
| Title: Associate | ||
| Lender Name: | WIND RIVER CLO II – XXXX INVESTORS, LTD. By: XxXxxxxxx Investment Management, LLC, as Manager |
| by | /s/ Xxxxxxxx X. Xxxx | |
| Name: Xxxxxxxx X. Xxxx | ||
| Title: Vice President | ||
| Lender Name: | WRIGLEY CDO, LTD. By: Pacific Investment Management Company LLC, as its Investment Advisor |
| by | /s/ Xxxxx X. Xxxxxxxxxx | |
| Name: Xxxxx X. Xxxxxxxxxx | ||
| Title: Managing Director | ||
44
| Lender Name: | YORKVILLE CBNA LOAN FUNDING LLC |
| by | /s/ Xxx Xxxxx | |
| Name: Xxx Xxxxx | ||
| Title: Attorney-in-fact | ||
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