AMENDMENT NO. 12 TO AND WAIVER UNDER THE CREDIT AGREEMENT Dated as of November 14, 2005
Exhibit 4.1
AMENDMENT NO. 12 TO AND WAIVER UNDER
THE CREDIT AGREEMENT
Dated as of November 14, 2005
AMENDMENT NO. 12 TO AND WAIVER UNDER THE CREDIT AGREEMENT, dated as of November 14, 2005 (this “Amendment”), among DRESSER, INC., a Delaware corporation (the “U.S. Borrower”), D.I. LUXEMBOURG S.A.R.L., a corporation organized and existing under the laws of Luxembourg (the “Euro Borrower”, and, collectively with the U.S. Borrower, the “Borrowers”), DRESSER HOLDINGS, INC., a Delaware corporation (“Dresser Holdings” or the “Parent”), DEG ACQUISITIONS, LLC, a Delaware limited liability company (“DEG Acquisitions”), the Lenders listed on the signature pages hereto and XXXXXX XXXXXXX SENIOR FUNDING, INC. (“MSSF”), as Administrative Agent.
W I T N E S S E T H:
WHEREAS, the Borrowers, DEG Acquisitions, the Subsidiary Guarantors, the Lender Parties party thereto and the Agents have entered into a Credit Agreement dated as of April 10, 2001, as amended by Amendment No. 1 thereto dated as of March 13, 2002, Amendment No. 2 thereto dated as of June 17, 2002, Amendment No. 3 thereto dated as of December 11, 2002, Amendment No. 4 and Waiver thereto dated as of March 31, 2003, Amendment No. 5 thereto dated as of June 30, 2003, Amendment No. 6 and Waiver thereto dated as of August 5, 2003, Amendment No. 7 thereto dated as of March 1, 2004, Amendment No. 8 and Waiver thereto dated as of March 18, 2005, Amendment No. 9 and Waiver thereto dated as of May 27, 2005, Amendment No. 10 and Waiver thereto dated as of July 14, 2005 and as modified by the Consent dated as of June 3, 2004 and Amendment No. 11 and Waiver thereto dated as of September 29, 2005 (as so amended and modified, the “Credit Agreement”; capitalized terms used herein but not defined shall be used herein as defined in the Credit Agreement). Dresser Holdings has entered into an Assignment and Assumption Agreement dated as of July 3, 2002 with DEG Acquisitions whereby Dresser Holdings assumed the duties and liabilities of DEG Acquisitions under the Credit Agreement and the Security Agreement.
WHEREAS, the Borrowers desire to (a) amend certain provisions of the Credit Agreement and (b) waive certain Defaults and Events of Default under the Credit Agreement, in each case as provided herein;
WHEREAS, the Required Lenders have agreed, subject to the terms and conditions hereinafter set forth, to grant the Borrowers’ request as set forth below;
NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties hereto hereby agree as follows:
SECTION 1. Amendments to the Credit Agreement. Subject to the satisfaction of the conditions precedent set forth in Section 3, the Credit Agreement is, effective as of the date hereof, hereby amended as follows:
(a) The definition of “EBITDA” is amended by adding to the table contained therein the following additional rows:
March 31, 2005 |
U.S.$ | 37,517,000 | |
June 30, 2005 |
U.S.$ | 56,546,000 |
(b) Section 5.01 is amended by replacing clause (q) with the following:
“(q) On or prior to February 15, 2006, the U.S. Borrower shall furnish to the Agents and the Lender Parties (i) audited annual financial statements for the Fiscal Year ended in 2004, as required by Section 5.03(b) and (ii) to the extent that the annual financial statements for the Fiscal Years ended in 2002 or 2003 are required to be restated in connection with the preparation of such financial statements for the Fiscal Year ended in 2004, revised audited financial statements for such Fiscal Years, as required by Section 5.03(b), it being agreed that the delivery of the financial statements contained in the U.S. Borrower’s Annual Report on Form 10-K for the Fiscal Year ended in 2004, if such financial statements include the restated annual financial statements for the Fiscal Years ended in 2002 or 2003, shall satisfy the requirements of this clause (ii).”
SECTION 2. Waiver and Standstill. (a) Subject to Section 3 hereof, the Required Lenders hereby waive any Default or Event of Default in respect of the provisions of Sections 2.06(b)(ii) (but only in respect of equity proceeds in an amount not greater than $10,000,000 used to finance an asset acquisition), 2.07(a), 2.08(c), 3.01(a)(vi), 3.01(c), 3.01(e), 3.01(i), 3.02, 4.01(g), 4.01(h), 4.01(i), 4.01(j), 4.01(q)(ii), 5.01(a), 5.01(g), 5.02(b)(ii)(F) and (G), 5.02(f)(vii), (viii) and (ix), 5.02(g), 5.03(a), 5.03(b), 5.03(c), 5.03(d), 5.04(a) and 5.04(b) of the Credit Agreement and any related or substantially comparable provision of any Loan Document, in each case consisting of, resulting from or relating in any respect to (i) the re-audit, revision or restatement of any financial statement delivered prior to the date of this Amendment by the U.S. Borrower or any of its Subsidiaries (including, without limitation, any misstatement therein or in any certificate, representation or warranty relating thereto and any error, defect or deficiency in accounting procedures or in the application of accounting principles reflected thereby or relating thereto), (ii) any failure to deliver any such financial statement or the 2004 audited annual financial statements when or as required, except as required by Section 5.01(q), (iii) any failure to comply with any obligation that became required to be performed or observed under any of such provisions by reason of the occurrence of any such Default or Event of Default or (iv) any misstatement as to the absence of any such Default or Event of Default.
(b) Subject to Section 3 hereof, the Required Lenders waive any Default or Event of Default now existing or hereafter arising under Section 6.01(e) of the Credit Agreement
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resulting from a default under Section 4.03 of the Indenture under which the Senior Subordinated Debt was issued; provided, however, that the exercise by the Trustee or the requisite holders of Senior Subordinated Notes of their right to give a notice of acceleration pursuant to Section 6.02 of such Indenture by reason of the existence of such default under Section 4.03 of the Indenture shall constitute an immediate Event of Default.
SECTION 3. Conditions to Effectiveness. This Amendment shall become effective on the date when each of the conditions set forth in this Section 3 to this Amendment shall have been fulfilled to the satisfaction of the Administrative Agent.
(i) Execution of Counterparts. The Administrative Agent shall have received counterparts of this Amendment, duly executed and delivered on behalf of each of (a) the Borrowers, (b) the Administrative Agent and (c) the Required Lenders, or as to any of the foregoing parties, advice reasonably satisfactory to the Administrative Agent that each of the foregoing parties has executed a counterpart of this Amendment.
(ii) Payment of Fees and Expenses. The U.S. Borrower shall have paid (a) to the Administrative Agent, for the benefit of each Lender executing this Amendment on or before November 10, 2005, a fee equal to 0.05% of the aggregate Revolving Credit Commitments and Tranche C Term Advances of each such Lender and (b) all expenses (including the fees and expenses of Shearman & Sterling LLP) incurred in connection with the preparation, negotiation and execution of this Amendment and other matters relating to the Credit Agreement from and after the last invoice to the extent invoiced.
(iii) Execution of Consent. The Administrative Agent shall have received counterparts of a Consent substantially in the form of Exhibit A to this Amendment, duly executed by each of the entities listed therein.
(iv) Waiver Under Refinancing Loan Agreement. The requisite number of lenders under the Refinancing Loan Agreement shall have agreed to waive any defaults under the Refinancing Loan Agreement arising from the matters referred to herein, on terms satisfactory to the Administrative Agent.
SECTION 4. Representations and Warranties. Each Borrower hereby represents and warrants as follows:
(a) On the date hereof, after giving effect to this Amendment, (i) no event has occurred and is continuing, or would result from the effectiveness of this Amendment, that constitutes a Default and (ii) all representations and warranties set forth in the Loan Documents shall be true and correct in all material respects.
(b) No authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body or any other third party is required for the due execution, delivery or performance by the Borrowers of this Amendment and by the Guarantors and the Grantors of the consent attached hereto or other transactions contemplated hereby.
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(c) This Amendment has been duly executed and delivered by the Borrowers. The consent attached hereto has been duly executed and delivered by each of the Guarantors and the Grantors. This Amendment and each of the other Loan Documents, as amended hereby, to which each Borrower, each Guarantor and each Grantor is a party are legal, valid and binding obligations of such Borrower, such Guarantor and such Grantor, as applicable, enforceable against such Borrower, such Guarantor and such Grantor, as applicable, in accordance with their respective terms.
SECTION 5. Reference to and Effect on the Transaction Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other transaction documents to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified by this Amendment.
(b) The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or any Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
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SECTION 6. Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute but one and the same agreement. Delivery of an executed counterpart of a signature page to this Amendment by telecopier shall be effective as delivery of a manually executed counterpart of this Amendment.
SECTION 7. Governing Law. This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York, and shall be subject to the jurisdictional and service provisions of the Credit Agreement, as if this were a part of the Credit Agreement.
SECTION 8. Entire Agreement; Modification. This Amendment constitutes the entire agreement of the parties hereto with respect to the subject matter hereof, there being no other agreements or understandings, oral, written or otherwise, respecting such subject matter, any such agreement or understanding being superseded hereby, shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and may not be amended, extended or otherwise modified, except in a writing executed in whole or in counterparts by each party hereto.
[Signatures follow.]
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed and delivered by their respective authorized officers as of the day and year first above written.
DRESSER, INC., as U.S. Borrower | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President and Chief Financial Officer | |||
D.I. LUXEMBOURG S.A.R.L., as Euro Borrower | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President and Chief Financial Officer |
DEG ACQUISITIONS, LLC | ||||||||
By: | FIRST RESERVE FUND VIII, L.P., a Delaware limited partnership, its Manager | |||||||
By: |
FIRST RESERVE GP VIII, L.P., a Delaware limited partnership, its general partner | |||||||
By: |
FIRST RESERVE CORPORATION, a Delaware corporation, its general partner | |||||||
By: | /s/ XXXXXX X. XXXXXXXX | |||||||
Name: |
Xxxxxx X. Xxxxxxxx | |||||||
Title: |
Managing Director |
DRESSER HOLDINGS, INC. | ||
By: | /s/ XXXXX X. XXXXXXX | |
Name: |
Xxxxx X. Xxxxxxx | |
Title: |
Executive Vice President and Chief Financial Officer |
XXXXXX XXXXXXX SENIOR FUNDING, INC., as Administrative Agent | ||||
By: | /s/ XXXXXX XXXXXX | |||
Name: |
Xxxxxx Xxxxxx | |||
Title: |
Managing Director |
XXXXXX XXXXXXX & CO. INCORPORATED, as Collateral Agent | ||||
By: | /s/ XXXXXX XXXXXX | |||
Name: |
Xxxxxx Xxxxxx | |||
Title: |
Managing Director |
EXHIBIT A TO AMENDMENT NO. 12
CONSENT
Reference is made to the Credit Agreement, dated as of April 10, 2001, as amended by Amendment No. 1 thereto dated as of March 13, 2002, Amendment No. 2 thereto dated as of June 17, 2002, Amendment No. 3 thereto dated as of December 11, 2002, Amendment No. 4 and Waiver thereto dated as of March 31, 2003, Amendment No. 5 dated as of June 30, 2003, Amendment No. 6 and Waiver thereto dated as of August 5, 2003 and Amendment No. 7 thereto dated as of March 1, 2004, Amendment No. 8 and Waiver thereto dated as of March 18, 2005, Amendment No. 9 and Waiver thereto dated as of May 27, 2005, Amendment No. 10 and Waiver thereto dated as of July 14, 2005 and Amendment No. 11 and Waiver thereto dated as of September 29, 2005 and as modified by the Consent dated as of June 3, 2004, among the Borrowers, the Lender Parties party thereto, and Xxxxxx Xxxxxxx Senior Funding, Inc., as Administrative Agent (such Credit Agreement, as so amended and modified, the “Credit Agreement”).
Each of the undersigned confirms and agrees that (a) notwithstanding the effectiveness of the foregoing Amendment No. 12 to and Waiver under the Credit Agreement, each Loan Document to which such Person is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, in each case as amended by Amendment No. 12 to and Waiver under the Credit Agreement, and (b) the Collateral Documents to which such Person is a party and all of the Collateral described therein do, and shall continue to, secure the payment of all of the Secured Obligations and the Guaranteed Obligations, respectively (in each case, as defined therein).
DEG ACQUISITIONS, LLC | ||||||
By: | FIRST RESERVE FUND VIII, L.P., a Delaware limited partnership, its Manager | |||||
By: | FIRST RESERVE GP VIII, L.P., a Delaware limited partnership, its general partner | |||||
By: | FIRST RESERVE CORPORATION, a Delaware corporation, its general partner | |||||
By: | /s/ XXXXXX X. XXXXXXXX | |||||
Name: |
Xxxxxx X. Xxxxxxxx | |||||
Title: |
Managing Director |
DRESSER HOLDINGS, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President and Chief Financial Officer | |||
DRESSER INTERNATIONAL, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President and Chief Financial Officer | |||
DRESSER RE, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President and Chief Financial Officer | |||
DRESSER RUSSIA, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President and Chief Financial Officer | |||
LVF HOLDING CORPORATION | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President and Chief Financial Officer |
DRESSER ENTECH, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President and Chief Financial Officer | |||
RING-O VALVE, INCORPORATED | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President and Chief Financial Officer | |||
DRESSER CHINA, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President and Chief Financial Officer |
LENDERS | ||||
ULT CBNA Loan Funding LLC, for itself or as agent for ULT CFPI Loan Funding LLC | ||||
By: | /s/ MIKAS X. XXXX | |||
Name: |
Mikas X. Xxxx | |||
Title: |
As Attorney-in-Fact |
LENDERS | ||||
NAVIGATOR CDO 2004, LTD. | ||||
By: |
Antares Asset Management Inc., as Agent | |||
By: |
/s/ XXXXX [illegible] | |||
Name: |
Xxxxx [illegible] | |||
Title: |
Vice President |
LENDERS | ||||
NOVA CDO 2001, LTD. | ||||
By: |
/s/ XXXXXX X. XXXXXXXX | |||
Name: |
Xxxxxx X. Xxxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
Sankaty Advisors, LLC as Collateral Manager for A VERY POINT CLO, LTD., as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
Xxxxx X. Xxxxx | |||
Title: |
Managing Director Portfolio Manager |
LENDERS | ||||
Sankaty Advisors, LLC, as Collateral Manager for Xxxxx Point II CBO 2000-1 LTD., as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
Xxxxx X. Xxxxx | |||
Title: |
Managing Director Portfolio Manager |
LENDERS | ||||
Sankaty Advisors, LLC as Collateral Manager for Castle Hill III CLO, Limited, as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
Xxxxx X. Xxxxx | |||
Title: |
Managing Director Portfolio Manager |
LENDERS | ||||
Sankaty Advisors, LLC as Collateral Manager for Castle Hill I - INGOTS, Ltd., as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
Xxxxx X. Xxxxx | |||
Title: |
Managing Director Portfolio Manager |
LENDERS | ||||
Sankaty Advisors, LLC as Collateral Manager for Castle Hill II - INGOTS, Ltd., as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
Xxxxx X. Xxxxx | |||
Title: |
Managing Director Portfolio Manager |
LENDERS | ||||
Sankaty Advisors, LLC as Collateral Manager for Race Point CLO, Limited, as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
Xxxxx X. Xxxxx | |||
Title: |
Managing Director Portfolio Manager |
LENDERS | ||
Sankaty High Yield Partners III, L.P. | ||
[Print Name of Financial Institution] |
By: | /s/ XXXXX X. XXXXX | |||
Name: |
Xxxxx X. Xxxxx | |||
Title: |
Managing Director Portfolio Manager |
PPM SPYGLASS FUNDING TRUST | ||||
By: | /s/ M. XXXXXXXX XXXXXXX | |||
Name: |
M. Xxxxxxxx Xxxxxxx | |||
Title: |
AUTHORIZED AGENT |
WINGED FOOT FUNDING TRUST | ||||
By: | /s/ M. XXXXXXXX XXXXXXX | |||
Name: |
M. Xxxxxxxx Xxxxxxx | |||
Title: |
AUTHORIZED AGENT |
LENDERS | ||
Columbus Loan Funding Ltd. | ||
By: | Citigroup Alternative Investments LLC | |
By: | /s/ XXXX X’XXXXXXX | |
Name: |
Xxxx X’Xxxxxxx | |
Title: |
Vice President |
LENDERS | ||
Citigroup Investments Corporate Loan Fund Inc. | ||
By: | Citigroup Alternative Investments LLC | |
By: | /s/ XXXX X’XXXXXXX | |
Name: |
Xxxx X’Xxxxxxx | |
Title: |
Vice President |
LENDERS | ||||
FRANKLIN FLOATING RATE DAILY ACCESS FUND | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX XXX | |||
Name: |
Xxxxxxx Xxx | |||
Title: |
Vice President |
LENDERS | ||||
AIM FLOATING RATE FUND | ||||
By: | INVESCO Senior Secured Management, Inc. As Sub-Adviser |
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
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 |
LENDERS | ||||
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 |
LENDERS | ||||
CHAMPLAIN CLO, LTD. | ||||
By: | INVESCO Senior Secured Management, Inc. As Collateral Manager |
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
CHARTER VIEW PORTFOLIO | ||||
By: | INVESCO Senior Secured Management, Inc. As Investment Advisor | |||
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
INVESCO EUROPEAN CDO I 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 |
LENDERS | ||||
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/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
PETRUSSE EUROPEAN CLO S.A.fvfv | ||||
By: | INVESCO Senior Secured Management, Inc. As Collateral Manager | |||
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
SARATOGA CLO I, LIMITED | ||||
By: |
INVESCO Senior Secured Management, Inc. As Asset Manager | |||
By: |
/s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
KATONAH III, LTD. by Sankaty Advisors LLC as Sub-Advisors | ||||
By: |
/s/ XXXXX X. XXXXX | |||
Name: |
Xxxxx X. Xxxxx | |||
Title: |
Managing Director | |||
Portfolio Manager |
LightPoint CLO 2004-1, Ltd. | ||||
By: | /S/ XXXXXXXX X. XXX XXXX | |||
Name: |
XXXXXXXX X. XXX XXXX | |||
Title: |
MANAGING DIRECTOR |
LENDERS | ||||
Venture IV CDO Limited | ||||
By: |
its investment advisor, MJX Asset Management LLC | |||
By: |
/s/ XXX OSTMARIN | |||
Name: |
Xxx Ostmarin | |||
Title: |
Director |
LENDERS | ||||
Clydesdale CLO 2003 Ltd [Print Name of Financial Institution] | ||||
By: |
/s/ XXXXXXXXX XXXX | |||
Name: |
Xxxxxxxxx Xxxx | |||
Title: |
Managing Director | |||
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. AS COLLATERAL MANAGER |
LENDERS | ||||
Clydesdale CLO 2004, Ltd [Print Name of Financial Institution] | ||||
By: |
/s/ XXXXXXXXX XXXX | |||
Name: |
Xxxxxxxxx Xxxx | |||
Title: |
Managing Director | |||
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. AS COLLATERAL MANAGER |
LENDERS | ||||
NCRAM Loan Trust [Print Name of Financial Institution] | ||||
By: |
/s/ XXXXXXXXX XXXX | |||
Name: |
Xxxxxxxxx Xxxx | |||
Title: |
Managing Director | |||
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. AS COLLATERAL MANAGER |
LENDERS | ||
Trust Company of the West [Print Name of Financial Institution] | ||
FIRST 2004-I CLO, LTD. | ||
By: |
TCW Advisors, Inc., its Collateral Manager | |
By: |
/s/ XXXXX XXXXXXXXXX | |
Name: |
Xxxxx Xxxxxxxxxx | |
Title: |
Vice President | |
By: |
/s/ XXXXXXX XXX | |
Name: |
Xxxxxxx Xxx | |
Title: |
Vice President |
LENDERS | ||
Trust Company of the West [Print Name of Financial Institution] | ||
FIRST 2004-II CLO, LTD. | ||
By: |
TCW Advisors, Inc., its Collateral Manager | |
By: |
/s/ XXXXX XXXXXXXXXX | |
Name: |
Xxxxx Xxxxxxxxxx | |
Title: |
Vice President | |
By: |
/s/ XXXXXXX XXX | |
Name: |
Xxxxxxx Xxx | |
Title: |
Vice President |
LENDERS | ||
Trust Company of the West [Print Name of Financial Institution] | ||
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/ XXXXX XXXXXXXXXX | |
Name: |
Xxxxx Xxxxxxxxxx | |
Title: |
Vice President | |
By: |
/s/ XXXXXXX XXX | |
Name: |
Xxxxxxx Xxx | |
Title: |
Vice President |
LENDERS | ||
Trust Company of the West | ||
[Print Name of Financial Institution] | ||
VELOCITY CLO, LTD. | ||
By: | TCW Advisors, Inc., its Collateral Manager | |
By: | /s/ XXXXX XXXXXXXXXX | |
Name: |
XXXXX XXXXXXXXXX | |
Title: |
VICE PRESIDENT | |
By: | /s/ XXXXXXX XXX | |
Name: |
Xxxxxxx Xxx | |
Title: |
Vice President |
LENDERS | ||
TORONTO DOMINION (NEW YORK), LLC. | ||
By: | /s/ MOSOOD FIKREE | |
Name: |
Mosood Fikree | |
Title: |
Authorized Signatory |
LENDERS | ||||
Katonah II, Ltd. by Sankaty Advisors LLC as Sub-Advisors | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: | Xxxxx X. Xxxxx | |||
Title: | Managing Director Portfolio Manager |
LENDERS | ||||
MUIRFIELD TRADING LLC | ||||
By: | /s/ XXXXXXXX XXXXXXX | |||
Name: |
Xxxxxxxx Xxxxxxx | |||
Title: |
Assistant Vice President |
LENDERS | ||||
ORIX Financial Services, Inc. | ||||
By: | /s/ XXXXX X. XXXXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxxxx | |||
Title: |
Managing Director |
LENDERS | ||||
Aeries Finance-II Ltd. | ||||
By: |
Patriarch Partners X, LLC, its Managing Agent | |||
By: | /s/ XXXX XXXXXX | |||
Name: |
Xxxx Xxxxxx | |||
Title: |
Manager |
LENDERS | ||||
Canadian Imperial Bank of Commerce [Print Name of Financial Institution] | ||||
By: | /s/ XXXX X’XXXX | |||
Name: |
Xxxx X’Xxxx | |||
Title: |
Authorized Signatory | |||
By: | /s/ XXXXXX XXXXX | |||
Name: |
Xxxxxx Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
LONG LANE MASTER TRUST II [Print Name of Financial Institution] | ||||
By: | /s/ M. XXXXXXXX XXXXXXX | |||
Name: |
M. Xxxxxxxx Xxxxxxx | |||
Title: |
Authorized Agent |
LENDERS | ||||
Sankaty Advisors, LLC as Collateral [Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
Xxxxx X. Xxxxx | |||
Title: |
Managing Director Portfolio Manager |
LENDERS | ||||
SEQUILS-LIBERTY, LTD. | ||||
By: |
INVESCO Senior Secured Management, Inc. As Collateral Manager | |||
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY | ||
By: |
Babson Capital Management LLC as Investment Adviser | |
By: |
/s/ XXXXX X XXXXX | |
Name: |
XXXXX X XXXXX, CFA | |
Title: |
Managing Director | |
MAPLEWOOD (CAYMAN) LIMITED | ||
By: |
Babson Capital Management LLC as Investment Manager | |
By: |
/s/ XXXXX X XXXXX | |
Name: |
XXXXX X XXXXX, CFA | |
Title: |
Managing Director | |
SUFFIELD CLO, LIMITED XXXXXX CDO LTD SEABOARD CLO 2000 LTD. ELC (CAYMAN) LTD. 1999-II BABSON CLO LTD. 2003-I BABSON CLO LTD. 2004-I BABSON CLO LTD. 2005-III | ||
By: |
Babson Capital Management LLC as Collateral Manager | |
By: |
/s/ XXXXX X XXXXX | |
Name: |
XXXXX X XXXXX, CFA | |
Title: |
Managing Director | |
SIMSBURY CLO, LIMITED | ||
By: |
Babson Capital Management LLC under delegated authority from Massachusetts Mutual Life Insurance Company as Collateral Manager | |
By: |
/s/ XXXXX X XXXXX | |
Name: |
XXXXX X XXXXX, CFA | |
Title: |
Managing Director |
LENDERS | ||||
CREDIT SUISSE, New York Branch (formerly known as CREDIT SUISSE FIRST BOSTON, acting through its New York Branch) | ||||
By: | /S/ XXXXXX X. XXXXXXXX | |||
Name: | Xxxxxx X. Xxxxxxxx | |||
Title: | Vice President | |||
By: | /S/ XXXXXXX XXXXXXXXXXX | |||
Name: | Xxxxxxx Xxxxxxxxxxx | |||
Title: | Associate |
LENDERS | ||||
BALLANTYNE FUNDING LLC | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ M. XXXXXXXX XXXXXXX | |||
Name: | M. Xxxxxxxx Xxxxxxx | |||
Title: | Assistant Vice President |
LENDERS | ||
SunAmerica Life Insurance Company | ||
By: AIG Global Investment Corp., | ||
Its Investment Adviser | ||
/s/ W. XXXXXXX XXXXXX | ||
Name: |
W. Xxxxxxx Xxxxxx | |
Title: |
Vice President | |
Galaxy CLO 1999-1, Ltd. | ||
By: |
AIG Global Investment Corp., | |
Its Collateral Manager | ||
/s/ W. XXXXXXX XXXXXX | ||
Name: |
W. Xxxxxxx Xxxxxx | |
Title: |
Vice President | |
Galaxy CLO 2003-1, Ltd. | ||
By: |
AIG Global Investment Corp., | |
Its Investment Adviser | ||
/s/ W. XXXXXXX XXXXXX | ||
Name: |
W. Xxxxxxx Xxxxxx | |
Title: |
Vice President | |
Galaxy III CLO, Ltd. | ||
By: AIG Global Investment Corp., | ||
Its Investment Adviser | ||
/s/ W. XXXXXXX XXXXXX | ||
Name: |
W. Xxxxxxx Xxxxxx | |
Title: |
Vice President |
LENDERS | ||||
Ameriprise Certificate Company By: RiverSource Investments, LLC as Collateral Manager | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: | Xxxxxxx X. Xxxx | |||
Title: | Director - Operations |
LENDERS | ||||
Xxxx Force 1 CLO, Ltd. | ||||
By: | GSO Capital Partners LP as Collateral Manager | |||
By: | /s/ XXXXXXX XXXXXX | |||
Name: | Xxxxxxx Xxxxxx | |||
Title: | Authorized Signatory |
LENDERS | ||
BLACK DIAMOND CLO 2005-2 LTD | ||
By: | Black Diamond Capital Management, L.L.C., as its Collateral Manager |
By: | /s/ XXXXX X. XXXXX, XX. | |||
Name: | Xxxxx X. Xxxxx, Xx. | |||
Title: | President & Managing Partner Black Diamond Capital Management, L.L.C. |
LENDERS | ||
Sequils-Centurion V, Ltd. | ||
By: | RiverSource Investments, LLC as Collateral Manager | |
[Print Name of Financial Institution] |
By: | /s/ XXXXXXX X. XXXX | |||
Name: | Xxxxxxx X. Xxxx | |||
Title: | Director - Operations |
XXXXXX DIVERSIFIED INCOME TRUST | ||
/s/ XXXX XXXXX | ||
By: | Xxxx Xxxxx | |
Title: | V.P. |
LENDERS | ||||
Highland Floating Rate LLC | ||||
By: | /s/ M. XXXXX XXXXXXXXX | |||
Name: | M. Xxxxx Xxxxxxxxx | |||
Title: | Treasurer |
LENDERS | ||||
Highland Floating Rate Advantage Fund | ||||
By: | /s/ M. XXXXX XXXXXXXXX | |||
Name: |
M. Xxxxx Xxxxxxxxx | |||
Title: |
Treasurer |
LENDERS | ||||
NAVIGATOR CDO 2004, LTD. | ||||
By: |
Antares Asset Management Inc., as Collateral Manager | |||
By: | /s/ [Illegible] | |||
Name: |
||||
Title: |
LENDERS | ||||
Jasper CLO, Ltd. | ||||
By: | Highland Capital Management, L.P., As Collateral Manager | |||
By: | Strand Advisors, Inc., Its General Partner | |||
By: | /s/ J. XXXXX XXXXXXXX | |||
Name: |
J. Xxxxx Xxxxxxxx, | |||
Title: |
Assistant Secretary Strand Advisors, Inc., General Partner of Highland Capital Management, L.P. |
NATEXIS BANQUES POPULAIRES | ||||
By: | /s/ XXXXXX XXXXX | |||
Name: |
Xxxxxx Xxxxx | |||
Title: |
Vice President | |||
By: | /s/ XXXXX X. XXXXXXX, III | |||
Name: |
Xxxxx X. Xxxxxxx, III | |||
Title: |
Vice President and Group Manager |
LENDERS | ||||||||||||
[Print Name of Financial Institution] | ||||||||||||
By: | ||||||||||||
Name: |
||||||||||||
Title: |
||||||||||||
OAK HILL CREDIT PARTNERS I, LIMITED | OAK HILL CREDIT PARTNERS III, LIMITED | |||||||||||
By: | Oak Hill CLO Management I, LLC As Investment Manager |
By: | Oak Hill CLO Management III, LLC As Investment Manager | |||||||||
By: | /s/ XXXXX X. XXXXX | By: | /s/ XXXXX X. XXXXX | |||||||||
Name: |
Xxxxx X. Xxxxx | Name: |
Xxxxx X. Xxxxx | |||||||||
Title: |
Authorized Person | Title: |
Authorized Person | |||||||||
OAK HILL CREDIT PARTNERS II, LIMITED | ||||||||||||
By: | Oak Hill CLO Management II, LLC As Investment Manager |
|||||||||||
By: | /s/ XXXXX X. XXXXX | |||||||||||
Name: |
Xxxxx X. Xxxxx | |||||||||||
Title: |
Authorized Person |
LENDERS | ||||
Stone Tower CDO II Ltd | ||||
By: |
Stone Tower Debt Advisors LLC, as its Collateral Manager | |||
By: | /s/ XXXXXXX X. XXXXXXXXX | |||
Name: |
XXXXXXX X. XXXXXXXXX | |||
Title: |
AUTHORIZED SIGNATORY |
LENDERS | ||||
Stone Tower CDO II Ltd | ||||
By: |
Stone Tower Debt Advisors LLC, as its Collateral Manager | |||
By: | /s/ XXXXXXX X. XXXXXXXXX | |||
Name: |
XXXXXXX X. XXXXXXXXX | |||
Title: |
AUTHORIZED SIGNATORY |
LENDERS | ||||
Stone Tower CDO III Ltd | ||||
By: |
Stone Tower Debt Advisors LLC, as its Collateral Manager | |||
By: | /s/ XXXXXXX X. XXXXXXXXX | |||
Name: |
XXXXXXX X. XXXXXXXXX | |||
Title: |
AUTHORIZED SIGNATORY |
LENDERS | ||||
ALLIED IRISH BANK PLC, | ||||
By: | /s/ XXXXXX X’XXXXXXX | |||
Name: |
Xxxxxx X’Xxxxxxx | |||
Title: |
Vice President | |||
By: | /s/ [Illegible] | |||
Name: |
[Illegible] | |||
Title: |
Co-Head _______ Finance Director of Corporate Banking North America |
LENDERS | ||
Ares VIII CLO Ltd. | ||
By: |
Ares CLO Management VIII, L.P., Investment Manager | |
By: |
Ares CLO GP VIII, LLC, Its General Partner | |
By: | /s/ XXXX X. XXXXXXX | |
Name: |
Xxxx X. Xxxxxxx | |
Title: |
Vice President |
LENDERS | ||||
Ares VI CLO Ltd. | ||||
By: |
Ares CLO Management VI, L.P., Investment Manager | |||
By: |
Ares CLO GP VI, LLC, Its Managing Member | |||
By: | /s/ XXXX X. XXXXXXX | |||
Name: |
Xxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
Ares IV CLO Ltd. | ||||
By: |
Ares CLO Management IV, L.P., Investment Manager | |||
By: |
Ares CLO XX XX, LLC, Its Managing Member | |||
By: | /s/ XXXX X. XXXXXXX | |||
Name: |
Xxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
Ares III CLO Ltd. | ||||
By: |
ARES CLO Management LLC, Investment Manager | |||
By: | /s/ XXXX X. XXXXXXX | |||
Name: |
Xxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
Ares X CLO Ltd. | ||||
By: |
Ares CLO Management X, L.P., Investment Manager | |||
By: |
Ares CLO GP X, LLC, Its General Partner | |||
By: | /s/ XXXX X. XXXXXXX | |||
Name: |
Xxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||
ARES ENHANCED LOAN INVESTMENT STRATEGY, LTD. | ||
By: |
Ares Enhanced Loan Management, L.P., Investment Manager | |
By: |
Ares Enhanced Loan GP, LLC Its General Partner | |
By: | /s/ XXXX X. XXXXXXX | |
Name: |
Xxxx X. Xxxxxxx | |
Title: |
Vice President |
LENDERS | ||
SEQUILS-Glace Bay, Ltd. | ||
By: | GSO Capital Partners LP as Collateral Manager | |
By: | /s/ XXXXXXX XXXXXX | |
Name: | Xxxxxxx Xxxxxx | |
Title: | Authorized Signatory |
LENDERS | ||
XXXXXX STRAITS CLO 2004, LTD. | ||
By: | GSO Capital Partners LP as Collateral Manager | |
By: | /s/ XXXXXXX XXXXXX | |
Name: | Xxxxxxx Xxxxxx | |
Title: | Authorized Signatory |
LENDERS | ||
280 FUNDING I | ||
By | GSO Capital Partners LP | |
By: | /s/ XXXXXXX XXXXXX | |
Name: | Xxxxxxx Xxxxxx | |
Title: | Authorized Signatory |
LENDERS | ||
FOXE BASIN CLO 2003, LTD. | ||
By: | GSO Capital Partners LP as Collateral Manager | |
By: | /s/ XXXXXXX XXXXXX | |
Name: | Xxxxxxx Xxxxxx | |
Title: | Authorized Signatory |
LENDERS | ||
Sun Life Assurance Company of Canada (US) | ||
By: | GSO Capital Partners LP as Sub-Advisor | |
By: | /s/ XXXXXXX XXXXXX | |
Name: | Xxxxxxx Xxxxxx | |
Title: | Authorized Signatory |
LENDERS | ||||
Trimaran CLO IV Ltd. | ||||
By | Trimaran Advisors, L.L.C. | |||
By: | /s/ XXXXX X. XXXXXXXX | |||
Name: | Xxxxx X. Xxxxxxxx | |||
Title: | Managing Director |
LENDERS | ||||
KZH Soleil-2 LLC | ||||
By: | /s/ XXX XXX XXX | |||
Name: | Xxx Xxx Xxx | |||
Title: | Authorized Agent |
LENDERS | ||||
KZH Soleil LLC | ||||
By: | /s/ XXX XXX XXX | |||
Name: | Xxx Xxx Xxx | |||
Title: | Authorized Agent |
LENDERS | ||||
KZH Pondview LLC | ||||
By: | /s/ XXX XXX XXX | |||
Name: | Xxx Xxx Xxx | |||
Title: | Authorized Agent |
LENDERS | ||||
Ballyrock CLO II Limited, | ||||
By | Ballyrock Investment Advisors LLC, as Collateral Manager | |||
By: | /s/ XXXX XXXXX | |||
Name: | Xxxx Xxxxx | |||
Title: | Assistant Treasurer |
LENDERS | ||||
Fidelity Advisor Series II: Fidelity Advisor Floating Rate High Income Fund | ||||
By: | /s/ [Illegible] | |||
Name: |
||||
Title: |
LENDERS | ||||
Black Diamond CLO 2005-1, Ltd. | ||||
By: | Black Diamond Capital Management, L.L.C. as its Collateral Manager | |||
By: | /s/ XXXXX X. XXXXX, XX. | |||
Name: |
Xxxxx X. Xxxxx, Xx. | |||
Title: |
President & Managing Partner Black Diamond Capital Management, L.L.C. |
LENDERS | ||||
Black Diamond International Funding, Ltd. | ||||
By: | /s/ XXXX XXXXXXX | |||
Name: |
Xxxx Xxxxxxx | |||
Title: |
Director |
LENDERS | ||||
HARBOUR TOWN FUNDING LLC | ||||
By: | /s/ M. XXXXXXXX XXXXXXX | |||
Name: |
M. Xxxxxxxx Xxxxxxx | |||
Title: |
Assistant Vice President |
LENDERS | ||||
Allstate Life Insurance Company | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX XXXXXXX | |||
Name: |
XXXXX XXXXXXX | |||
Title: |
Authorized Signatory | |||
By: | /s/ XXXXXX X. XXXXXXX | |||
Name: |
Xxxxxx X. Xxxxxxx | |||
Title: |
Authorized Signatory | |||
AIMCO CDO, Series 2000-A | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX XXXXXXX | |||
Name: |
XXXXX XXXXXXX | |||
Title: |
Authorized Signatory | |||
By: | /s/ XXXXXX X. XXXXXXX | |||
Name: |
Xxxxxx X. Xxxxxxx | |||
Title: |
Authorized Signatory | |||
AIMCO CLO, Series 2005-A | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX XXXXXXX | |||
Name: |
XXXXX XXXXXXX | |||
Title: |
Authorized Signatory | |||
By: | /s/ XXXXXX X. XXXXXXX | |||
Name: |
Xxxxxx X. Xxxxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
AVALON CAPITAL LTD. | ||||
By: | INVESCO Senior Secured Management, Inc. As Collateral Manager | |||
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
Eagle Creek CLO, Ltd. | ||||
By: | /s/ XXXXXX X. XXXXX | |||
Name: |
Xxxxxx X. Xxxxx | |||
Title: |
A. Vice President |
LENDERS | ||||
Franklin CLO I, Limited | ||||
By: | /s/ XXXXX XXXXXX | |||
Name: |
Xxxxx Xxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
LONG LANE MASTER TRUST IV | ||||
By: | /s/ M. XXXXXXXX XXXXXXX | |||
Name: |
M. Xxxxxxxx Xxxxxxx | |||
Title: |
Authorized Agent |
LENDERS | ||||
BlackRock Senior Income Series Magnetite Asset Investors III LLC Magnetite IV CLO, Limited Magnetite V CLO, Limited Senior Loan Fund | ||||
By: | /s/ [Illegible] | |||
Name: |
[Illegible] | |||
Title: |
Authorized Signatory |
LENDERS | ||||
Bank of Tokyo-Mitsubishi Trust Company | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: |
Xxxxxxx X. Xxxx | |||
Title: |
Vice President |
LENDERS | ||||
Nomura Bond & Loan Fund | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ [Illegiable] | |||
Name: |
||||
Title: |
||||
By: |
UFJ Trust Bank Limited as Trustee | |||
By: |
Nomura Corporate Research and Asset Management Inc. Attorney in Fact |
LENDERS | ||
NOVA CDO 2001, LTD. | ||
By: | /s/ XXXXXX X. XXXXXXXX | |
Name: |
Xxxxxx X. Xxxxxxxx | |
Title: |
Vice President | |
NAVIGATOR CDO 2004, LTD. | ||
By: | Antares Asset Management Inc., as Collateral Manager | |
By: | ||
Name: |
||
Title: |
LENDERS | ||||
Bank Leum_ USA | ||||
By: | /s/ XXXXX XXX HONG | |||
Name: |
Xxxxx Xxx Hong | |||
Title: |
Vice President |
LENDERS | ||
CUMBERLAND II CLO LTD | ||
By: Deerfield Capital Management LLC as its Collateral Manager | ||
By: | /s/ XXX XXXXXXX | |
Name: |
Xxx Xxxxxxx | |
Title: |
Sr. Vice President |
LENDERS | ||
LONG GROVE CLO, LIMITED | ||
By: Deerfield Capital Management LLC as its Collateral Manager | ||
By: | /s/ XXX XXXXXXX | |
Name: |
Xxx Xxxxxxx | |
Title: |
Sr. Vice President |
LENDERS | ||
FOREST CREEK CLO, Ltd. | ||
By: Deerfield Capital Management LLC as its Collateral Manager | ||
By: | /s/ XXX XXXXXXX | |
Name: |
Xxx Xxxxxxx | |
Title: |
Sr. Vice President |
LENDERS | ||
BRYN MAWR CLO, Ltd. | ||
By: Deerfield Capital Management LLC as its Collateral Manager | ||
By: | /s/ XXX XXXXXXX | |
Name: |
Xxx Xxxxxxx | |
Title: |
Sr. Vice President |
LENDERS | ||
ROSEMONT CLO, Ltd. | ||
By: Deerfield Capital Management LLC as its Collateral Manager | ||
By: | /s/ XXX XXXXXXX | |
Name: |
Xxx Xxxxxxx | |
Title: |
Sr. Vice President |
LENDERS | ||
Wrigley CDO, Ltd. | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ XXXXX X. XXXXXXXXXX | |
Xxxxx X. Xxxxxxxxxx | ||
Managing Director |
LENDERS | ||||||
Waveland – INGOTS, LTD. | ||||||
By: |
Pacific Investment Management Company LLC, as its Investment Advisor | |||||
By: |
/s/ XXXXX X. XXXXXXXXXX | |||||
Xxxxx X. Xxxxxxxxxx Managing Director |
LENDERS | ||||||
Southport CLO, Limited | ||||||
By: |
Pacific Investment Management Company LLC, as its Investment Advisor | |||||
By: |
/s/ XXXXX X. XXXXXXXXXX | |||||
Xxxxx X. Xxxxxxxxxx Managing Director |
LENDERS | ||||||
SEQUILS-MAGNUM, LTD. | ||||||
By: |
Pacific Investment Management Company LLC, as its Investment Advisor | |||||
By: |
/s/ XXXXX X. XXXXXXXXXX | |||||
Xxxxx X. Xxxxxxxxxx Managing Director |
LENDERS | ||||||
ROYALTON COMPANY | ||||||
By: |
Pacific Investment Management Company LLC, as its Investment Advisor | |||||
By: |
/s/ XXXXX X. XXXXXXXXXX | |||||
Xxxxx X. Xxxxxxxxxx Managing Director |
LENDERS | ||||||
Loan Funding III LLC | ||||||
By: |
Pacific Investment Management Company LLC, as its Investment Advisor | |||||
By: |
/s/ XXXXX X. XXXXXXXXXX | |||||
Xxxxx X. Xxxxxxxxxx Managing Director |
LENDERS | ||||||
DELANO Company | ||||||
By: |
Pacific Investment Management Company LLC, as its Investment Advisor | |||||
By: |
/s/ XXXXX X. XXXXXXXXXX | |||||
Xxxxx X. Xxxxxxxxxx Managing Director |
LENDERS
CAPTIVA IV Finance Ltd., as advised by Pacific Investment Management Company LLC | ||
By: | /s/ XXXXX XXXX | |
Xxxxx Xxxx Director |
LENDERS
CAPTIVA III Finance Ltd., as advised by Pacific Investment Management Company LLC | ||
By: | /s/ XXXXX XXXX | |
Xxxxx Xxxx Director |
LENDERS | ||||||
Addison CDO, Limited | ||||||
By: |
Pacific Investment Management Company LLC, as its Investment Advisor | |||||
By: |
/s/ XXXXX X. XXXXXXXXXX | |||||
Xxxxx X. Xxxxxxxxxx Managing Director |
LENDERS
PINEHURST TRADING, INC. | ||||
By: | /s/ M. XXXXXXXX XXXXXXX | |||
Name: |
M. Xxxxxxxx Xxxxxxx | |||
Title: |
Assistant Vice President |
LENDERS | ||||
PPM SHADOW CREEK FUNDING LLC | ||||
By: | /s/ M. XXXXXXXX XXXXXXX | |||
Name: |
M. Xxxxxxxx Xxxxxxx | |||
Title: |
Assistant Vice President |
LENDERS | ||||
PPM MONARCH BAY FUNDING LLC | ||||
By: | /s/ M. XXXXXXXX XXXXXXX | |||
Name: |
M. Xxxxxxxx Xxxxxxx | |||
Title: |
Assistant Vice President |
LENDERS | ||||
JUPITER LOAN FUNDING LLC | ||||
By: | /s/ M. XXXXXXXX XXXXXXX | |||
Name: |
M. Xxxxxxxx Xxxxxxx | |||
Title: |
Assistant Vice President |
LENDERS | ||||
ELT LTD. | ||||
By: | /s/ M. XXXXXXXX XXXXXXX | |||
Name: |
M. Xxxxxxxx Xxxxxxx | |||
Title: |
Assistant Vice President |
LENDERS | ||||
BIRCHWOOD FUNDING LLC | ||||
By: | /s/ M. XXXXXXXX XXXXXXX | |||
Name: |
M. Xxxxxxxx Xxxxxxx | |||
Title: |
Assistant Vice President |
LENDERS | ||||
Erste Bank New York | ||||
By: | /s/ XXXXXX X. WAGMAR | |||
Name: |
Xxxxxx X. Wagmar | |||
Title: |
Director | |||
By: | /s/ XXXXX XXXXX | |||
Name: |
Xxxxx Xxxxx | |||
Title: |
First Vice President |
LENDERS | ||||||||||||
ELF Funding Trust III |
MainStay Floating Rate Fund, a series of Eclipse Funds, Inc. | |||||||||||
By: |
New York Life Investment Management LLC, as Attorney-in-Fact |
By: |
New York Life Investment Management LLC | |||||||||
By: | /s/ XXXXXX X. XXXX | By: | /s/ XXXXXX X. XXXX | |||||||||
Name: |
XXXXXX X. XXXX | Name: |
XXXXXX X. XXXX | |||||||||
Title: |
Managing Director | Title: |
Managing Director | |||||||||
NYLIM Flatiron CLO 2004-1 Ltd. |
||||||||||||
By: |
New York Life Investment Management LLC, as Collateral Manager and Attorney-in-Fact |
|||||||||||
By: | /s/ XXXXXX X. XXXX | |||||||||||
Name: |
XXXXXX X. XXXX | |||||||||||
Title: |
Managing Director |
LENDERS | ||||
DARIEN LOAN FUNDING COMPANY | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
XXXXX X. XXXXXXX | |||
Title: |
AUTHORIZED SIGNATORY |
LENDERS | ||||
LOAN FUNDING XIII for itself or as agent for Corporate Funding XIII, as a Lender | ||||
By: | /s/ XXXXXXXX X. XXXXX | |||
Name: |
Xxxxxxxx X. Xxxxx | |||
Title: |
Principal | |||
Silvermine Capital Management, LLC | ||||
000 Xxxxxxx Xxxx. | ||||
00xx Xxxxx | ||||
Xxxxxxxx, XX 00000 | ||||
(T) 000 000-0000 | ||||
(F) 000 000-0000 |
LENDERS | ||
ML CLO XV PILGRIM AMERICA (CAYMAN) LTD. | ||
By: | ING Investments, LLC as its Investment manager | |
By: | /s/ [Illegible] | |
Name: |
[Illegible] | |
Title: |
Vice President | |
ML CLO XX PILGRIM AMERICA (CAYMAN) LTD. | ||
By: | ING Investments, LLC as its Investment manager | |
By: | /s/ [Illegible] | |
Name: |
[Illegible] | |
Title: |
Vice President | |
ING PRIME RATE TRUST | ||
By: | ING Investment Management Co. as its Investment manager | |
By: | /s/ [Illegible] | |
Name: |
[Illegible] | |
Title: |
Vice President | |
ING SENIOR INCOME FUND | ||
By: | ING Investment Management Co. as its Investment manager | |
By: | /s/ [Illegible] | |
Name: |
[Illegible] | |
Title: |
Vice President |
LENDERS | ||||
Avenue CLO Fund, Limited | ||||
By: | /s/ XXXXXXX X’XXXXXXX | |||
Name: | Xxxxxxx X’Xxxxxxx | |||
Title: | Senior Portfolio Manager |
LENDERS | ||||||||
INDOSUEZ CAPITAL FUNDING VI, LIMITED, as a Lender | ||||||||
By: | LYON CAPITAL MANAGEMENT LLC As Collateral Manager | |||||||
By: | /s/ XXXXXXXXX X. XXXXX | |||||||
Name: | Xxxxxxxxx X. Xxxxx | |||||||
Title: | Portfolio Manager |
LENDERS | ||||||
LCM II LIMITED PARTNERSHIP | ||||||
By: | Lyon Capital Management LLC, As Collateral Manager | |||||
[Print Name of Financial Institution] | ||||||
By: | /s/ XXXXXXXXX X. XXXXX | |||||
Name: | Xxxxxxxxx X. Xxxxx | |||||
Title: | Portfolio Manager |
LENDERS | ||||||
LCM I LIMITED PARTNERSHIP | ||||||
By: | Lyon Capital Management LLC, As Collateral Manager | |||||
[Print Name of Financial Institution] | ||||||
By: | /s/ XXXXXXXXX X. XXXXX | |||||
Name: | Xxxxxxxxx X. Xxxxx | |||||
Title: | Portfolio Manager |
BOSTON HARBOR CLO 2004-1, Ltd. | ||
/s/ XXXX XXXXX | ||
By: | Xxxx Xxxxx | |
Title: | V.P. |
LENDERS | ||||
GENERAL ELECTRIC CAPITAL CORPORATION | ||||
By: | /s/ XXXXXXX XXXXXXX | |||
Name: | Xxxxxxx Xxxxxxx | |||
Title: | Duly Authorized Signatory |
LENDERS | ||||
Xxxxxxxxx Carrera CLO, Ltd. | ||||
By: |
Xxxxxxxxx Capital Partners LLC as its Asset Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Managing Partner |
LENDERS | ||||
Xxxxxxxxx Arbitrage CDO, Ltd. | ||||
By: |
Xxxxxxxxx Capital Partners LLC as its Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Managing Partner |
LENDERS | ||||
Xxxxxxxxx Quattro CLO, Ltd. | ||||
By: |
Xxxxxxxxx Capital Partners LLC As its Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Managing Partner |
LENDERS | ||
Fall Creek CLO, Ltd. | ||
By: | /s/ XXX X. XXXXXX | |
Xxx X. Xxxxxx, Vice President |
LENDERS | ||||
CONTINENTAL ASSURANCE COMPANY on behalf of its Separate Account (E) [Print Name of Financial Institution] | ||||
By: | /s/ XXXXXX X. XXXXX | |||
Name: |
Xxxxxx X. Xxxxx | |||
Title: |
Vice President and Treasurer |
LENDERS | ||||
CONTINENTAL CASUALTY COMPANY [Print Name of Financial Institution] | ||||
By: | /s/ XXXXXX X. XXXXX | |||
Name: |
Xxxxxx X. Xxxxx | |||
Title: |
Vice President and Treasurer |
LENDERS | ||||
AMMC CLO III, LIMITED | ||||
By: |
American Money Management Corp., as Collateral Manager | |||
By: | /s/ XXXXXXX X. ENG | |||
Name: |
Xxxxxxx X. Eng | |||
Title: |
Senior Vice President |
LENDERS | ||||
IDS Life Insurance Company | ||||
By: |
RiverSource Investments, LLC as Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: |
Xxxxxxx X. Xxxx | |||
Title: |
Director - Operations |
LENDERS | ||||
Centurion CDO VII, Ltd. | ||||
By: |
RiverSource Investments, LLC as Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: |
Xxxxxxx X. Xxxx | |||
Title: |
Director - Operations |
LENDERS | ||||
Centurion CDO VI, Ltd. | ||||
By: |
RiverSource Investments, LLC as Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: |
Xxxxxxx X. Xxxx | |||
Title: |
Director - Operations |
LENDERS | ||||
Centurion CDO III, Limited | ||||
By: |
RiverSource Investments, LLC as Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: |
Xxxxxxx X. Xxxx | |||
Title: |
Director - Operations |
LENDERS | ||||
Centurion CDO II, Ltd. | ||||
By: |
RiverSource Investments, LLC as Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: |
Xxxxxxx X. Xxxx | |||
Title: |
Director - Operations |