FIFTH AMENDMENT AND RESTATEMENT AGREEMENT Dated as of April 17, 2012 among PINNACLE FOODS FINANCE LLC, as the Borrower, PEAK FINANCE HOLDINGS LLC, as Holdings, THE GUARANTORS PARTY HERETO, BARCLAYS BANK PLC, as Administrative Agent, Collateral Agent...
EXHIBIT 10.1
Dated as of April 17, 2012
among
as the Borrower,
PEAK FINANCE HOLDINGS LLC,
as Holdings,
THE GUARANTORS PARTY HERETO,
BARCLAYS BANK PLC,
as Administrative Agent, Collateral Agent and Swingline Lender
and,
THE OTHER LENDERS PARTY HERETO
BARCLAYS BANK PLC, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX
INCORPORATED, and
X.X. XXXXXX SECURITIES LLC,
as the Extension Arrangers and Extension Bookrunners
BARCLAYS BANK PLC, XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX
INCORPORATED,
X.X. XXXXXX SECURITIES LLC, and
MACQUARIE CAPITAL (USA) INC.
as Term Loan E Arrangers and Term Loan E Bookrunners
This FIFTH AMENDMENT AND RESTATEMENT, dated as of April 17, 2012 (this “Agreement”), is entered into by and among PINNACLE FOODS FINANCE LLC, a Delaware limited liability company (the “Borrower”), PEAK FINANCE HOLDINGS LLC, a Delaware limited liability company (“Holdings”), the Guarantors, the several banks and other financial institutions or entities listed on the signature pages hereto as lenders (collectively, the “Signing Lenders”) and Barclays Bank PLC, as administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Restated Credit Agreement (as defined in Section 2.2 below).
RECITALS
WHEREAS, the Borrower, Holdings, the Lenders party thereto, the Administrative Agent and the other agents and arrangers party thereto have entered into that certain Credit Agreement dated as of April 2, 2007 (as amended by that certain First Amendment, Resignation, Waiver, Consent and Appointment Agreement dated as of December 4, 2009, that certain Second Amendment to Credit Agreement dated as of December 23, 2009, that certain Third Amendment to Credit Agreement dated as of March 24, 2010 and that certain Fourth Amendment to Credit Agreement dated as of August 17, 2010, as so amended, the “Original Credit Agreement”);
WHEREAS, the Borrower has requested that the Original Credit Agreement be amended and restated in its entirety to, among other things:
(a) make certain amendments affecting the existing Initial Term Loans as more specifically set forth in the Restated Credit Agreement (as defined below) and convert certain Initial Terms Loans into Extended Initial Term Loans (as defined below) under the Restated Credit Agreement in the manner set forth herein and in the Restated Credit Agreement;
(b) establish a new tranche of term loans (the “Extended Initial Term Loan Facility”), which Extended Initial Term Loan Facility shall be in a principal amount equal to the aggregate principal amount of Initial Term Loans that have been converted into extended Initial Term Loans under the Extended Initial Term Loan Facility (the “Extended Initial Term Loans”);
(c) establish a new tranche of term loans (the “Tranche E Term Loan Facility”), which Tranche E Term Loan Facility shall consist of Tranche E Term Loans in an aggregate principal amount equal to $400,000,000;
(d) establish a new revolving credit facility (the “Restatement Revolving Credit Facility”), which Restatement Revolving Credit Facility shall consist of commitments in an aggregate principal amount equal to $150,000,000 (the “Restatement Revolving Credit Commitments”);
(e) make certain amendments affecting the existing Term Loans such that some or all of the Term Lenders may agree to extend the Maturity Date with respect to their Term Loans and Term Commitments in the future, as more specifically set forth in the Restated Credit Agreement; and
(f) make certain amendments permitting the prepayment of Senior Subordinated Notes, provide for the future extensions of Revolving Credit Loans and Term Loans and refinancings of Revolving Credit Loans and Term Loans as more specifically set forth in the Restated Credit Agreement;
WHEREAS, each existing Initial Term Lender with outstanding Initial Term Loans immediately prior to the Restatement Date (as defined below) (an “Existing Initial Term Lender”) that executes and delivers a signature page to this Agreement on or prior to the Restatement Date whereby such Existing Initial Term Lender consents to be an “Extended Initial Term Lender” in accordance with the provisions of Section 2.3 hereof (an “Extended Initial Term Lender”) will be deemed upon the Restatement Date to have agreed to the terms of this Agreement and the Restated Credit Agreement and will be deemed to have made Extended Initial Term Loans under the Restated Credit Agreement in an aggregate principal amount equal to a portion of the aggregate principal amount of such Existing Initial Term Lender’s outstanding Initial Term Loans immediately prior to the Restatement Date as separately agreed with Barclays Bank PLC, Bank of America Xxxxxxx Xxxxx and X.X. Xxxxxx Securities Inc. (together, the “Extension Arrangers”) and provided to the Administrative Agent and the Borrower, with the remaining portion of such Extending Initial Term Lender’s Initial Term Loans remaining outstanding as Initial Term Loans under the Restated Credit Agreement;
WHEREAS, each Existing Initial Term Lender that executes and delivers this Agreement solely in its capacity as an Existing Initial Term Lender and not as an Extending Initial Term Lender (a “Non-Extending Initial Term Lender”) shall be deemed upon the Restatement Date to have agreed to the terms of this Agreement and the Restated Credit Agreement, but will not be deemed by virtue of such execution and delivery to have made any Extended Initial Term Loans under the Restated Credit Agreement (as defined below). The Initial Term Loans of each such Non-Extending Initial Term Lender and the Initial Term Loans of each Existing Initial Term Lender that is not a Signing Lender shall remain outstanding as Initial Term Loans under the Restated Credit Agreement in an aggregate principal amount for each such Non-Extending Initial Term Lender and each such Existing Initial Term Lender equal to the aggregate principal amount of Initial Term Loans of such Non-Extending Term Lender and Existing Term Lender outstanding under the Original Credit Agreement immediately prior to the Restatement Date;
WHEREAS, each party that executes and delivers a signature page to this Agreement consenting to be a “Tranche E Term Lender” in accordance with the provisions of Section 2.4 of this Agreement will be deemed upon the Restatement Date to have agreed to the terms of this Agreement and the Restated Credit Agreement and will be deemed to have a Tranche E Term Commitment in an aggregate principal amount specified on Schedule I to this Agreement;
WHEREAS, each party that executes and delivers a signature page to this Agreement consenting to be a “Restatement Revolving Credit Lender” in accordance with the provisions of Section 2.5 of this Agreement will be deemed upon the Restatement Date to have agreed to the terms of this Agreement and the Restated Credit Agreement and will be deemed to have a Restatement Revolving Credit Commitment in an aggregate principal amount specified on Schedule II to this Agreement;
WHEREAS, the existing revolving credit facility (the “Initial Revolving Credit Facility”) and Commitments thereunder (the “Initial Revolving Credit Commitments”) will be terminated on the Restatement Date as provided in Section 1.1 of this Agreement and (i) any revolving loans incurred under the Initial Revolving Credit Facility will be refinanced, or deemed refinanced, with loans incurred under the Restatement Revolving Credit Facility and (ii) any letters of credit issued under the Initial Revolving Credit Facility shall be deemed to be issued under the Restatement Revolving Credit Facility; and
WHEREAS, the Lenders party hereto are willing to effect the amendments set forth herein and in the Restated Credit Agreement, the Extending Initial Term Lenders are willing to convert their Initial Term Loans into Extended Initial Term Loans as contemplated hereby, and the Tranche E Term Lenders party hereto and the Restatement Revolving Credit Lenders party hereto are willing to extend Tranche E Term Loans and provide Restatement Revolving Credit Commitments, respectively, in accordance with the terms and subject to the conditions of this Agreement and the Restated Credit Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual agreements herein contained and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:
SECTION I. | TERMINATION OF REVOLVING CREDIT COMMITMENTS UNDER THE ORIGINAL CREDIT AGREEMENT |
1.1 The Borrower has provided a notice of termination of the Initial Revolving Credit Commitments pursuant to Section 2.06(a) of the Original Credit Agreement. Such termination shall be deemed effective immediately prior to the effectiveness of the amendments set forth in Section II below.
SECTION II. | SUBSEQUENT AMENDMENTS TO THE ORIGINAL CREDIT AGREEMENT |
2.1 Subject to the satisfaction of the conditions set forth in Section 3.2 hereof, effective as of the Restatement Date (as defined in Section 3.2 hereof), the Original Credit Agreement is hereby amended immediately subsequent to the termination of the Initial Revolving Credit Commitments described in Section 1.1 of this Agreement as set forth in this Section II:
2.2 | Amendment and Restatement of Original Credit Agreement. |
The parties hereto agree that the Original Credit Agreement shall be amended on the Restatement Date such that, on the Restatement Date, the terms set forth in the Amended and Restated Credit Agreement attached hereto as Exhibit A (the “Restated Credit Agreement”) shall replace the terms of the Original Credit Agreement in its entirety. Each of Exhibit D and Exhibit J to the Restated Credit Agreement shall replace Exhibit D and Exhibit J to the Original Credit Agreement in its entirety, respectively, and Schedule 2.03 to the Restated Credit Agreement shall be inserted in proper numerical order in the schedules to the Restated Credit Agreement. Each of Exhibit D and Exhibit J and Schedule 2.03 are attached hereto as Exhibit B.
2.3 | Extended Initial Term Loans. |
A. Subject to the terms and conditions set forth herein and in the Restated Credit Agreement, each Extending Initial Term Lender agrees that (i) that portion of the Initial Term Loans made by such Lender under the Original Credit Agreement, in an aggregate principal amount set forth on its signature page to this Agreement, shall be converted to, and remain outstanding on and after the Restatement Date as, Extended Initial Term Loans, which shall be deemed to be made and exist pursuant to, and under, the Restated Credit Agreement and (ii) the remaining Initial Term Loans made by such Lender under the Original Credit Agreement shall remain outstanding on and after the Restatement Date under the Restated Credit Agreement as Initial Term Loans originally made on the Closing Date.
B. All Extended Initial Term Loans of Extending Initial Term Lenders as of the Restatement Date that are Eurocurrency Rate Loans will have initial Interest Periods ending on the same dates as the Interest Periods applicable at such time to the corresponding Initial Term Loans of such Extending Initial Term Lenders.
2.4 | Tranche E Term Loan Facility. |
Each Tranche E Term Lender agrees that (i) effective on and at all times after the Restatement Date, in addition to all Term Loans of such Lender (if any) outstanding prior to the Restatement Date, such Tranche E Term Lender will be bound by all obligations of a Lender under the Restated Credit Agreement in respect of the Tranche E Term Commitment in the amount set forth on Schedule I to this Agreement (or such lesser amount allocated to such Tranche E Term Lender by the Term Loan E Bookrunners) and (ii) on the Restatement Date such Tranche E Term Lender agrees that (a) it will fund Tranche E Term Loans in the amount of such Tranche E Term Lender’s Tranche E Term Commitment as set forth on Schedule I to this Agreement or (b) 100% of the aggregate outstanding principal amount of its Tranche D Term Loans shall be converted to, and remain outstanding on and after the Restatement Date as, Tranche E Term Loans (or such lesser amount allocated to such Tranche E Term Lender by the Term Loan E Bookrunners, such amount to be set forth on Schedule I to this Agreement), which shall be deemed to be made and exist pursuant to, and under, the Restated Credit Agreement. On the Restatement Date, each Tranche E Term Lender which was not a Lender prior to the Restatement Date will become a Lender for all purposes under the Restated Credit Agreement. The obligations of the Tranche E Term Lenders hereunder are in all respects several and not joint. No Tranche E Term Lender is or ever shall be in any respect responsible or liable for any obligation of any other Tranche E Term Lender or any other Lender.
2.5 | Restatement Revolving Credit Facility. |
Each Restatement Revolving Credit Lender agrees that (i) effective on and at all times after the Restatement Date such Restatement Revolving Credit Lender will be bound by all obligations of a Lender under the Restated Credit Agreement in respect of the Restatement Revolving Credit Commitment in the amount set forth on Schedule II to this Agreement and (ii) from time to time on or after the Restatement Date such Restatement Revolving Credit Lender will fund Restatement Revolving Credit Loans in accordance with the provisions of the Restated Credit Agreement. On the Restatement Date, each Restatement Revolving Credit Lender which was not a Lender prior to the Restatement Date will become a Lender for all purposes of the Restated Credit Agreement. The obligations of the Restatement Revolving Credit Lenders hereunder are
in all respects several and not joint. No Restatement Revolving Credit Lender is or ever shall be in any respect responsible or liable for any obligation of any other Restatement Revolving Credit Lender or any other Lender.
2.6 | Resignation of L/C Issuer. |
By a notice dated March 30, 2012, Union Bank, N.A. provided notice of its intention to resign as an L/C Issuer under the Original Credit Agreement. The parties hereto agree to waive the requirement for thirty (30) days’ notice by Union Bank, N.A. to resign as an L/C Issuer pursuant to Section 10.07(j) of the Original Credit Agreement, which resignation shall be effective as of the Termination Effective Date (as defined in Section 3.1 of this Agreement). For the avoidance of doubt, nothing herein shall be deemed to be a further waiver, amendment, modification or other change of, any of the terms conditions, obligations or agreements contained in the Original Credit Agreement or any other Loan Document except as expressly set forth herein.
SECTION III. | EFFECTIVENESS OF AGREEMENT. |
3.1 | Termination Effective Date. |
The effectiveness of the termination of the Initial Revolving Credit Commitments as set forth in Section I above is subject to the satisfaction of the following conditions precedent (the date of such satisfaction, the “Termination Effective Date”):
A. Fees. The Administrative Agent shall have received by wire transfer of immediately available funds for the account of each Lender with a Initial Revolving Credit Commitment that has delivered a counterpart signature page to this Agreement to the Administrative Agent (or its designee) on or prior to 2:00 p.m. (EDT) on March 28, 2012, a nonrefundable fee equal to 0.10% of the principal amount of such Lender’s Initial Revolving Credit Commitment as in effect immediately prior to the termination thereof; and
B. Repayment of Indebtedness. On the Termination Effective Date all Initial Revolving Credit Loans (if any) (including all accrued but unpaid interest with respect thereto) shall have been paid in full in accordance with the Original Credit Agreement.
3.2 | Restatement Date |
The effectiveness of the amendments to the Original Credit Agreement set forth in Section II of this Agreement, the obligations of each Extending Initial Term Lender to convert its Initial Term Loans (or any portion thereof) into Extended Initial Term Loans, the obligations of the Tranche E Term Lenders and the Restatement Revolving Credit Lenders to provide Tranche E Term Loans and Restatement Revolving Credit Commitments, respectively, and the amendment and restatement of the Original Credit Agreement as the Restated Credit Agreement are subject to the satisfaction or waiver of the following conditions (the date on which such conditions are satisfied or waived, the “Restatement Date”):
A. Termination Effective Date. The Termination Effective Date shall have occurred.
B. Execution. The Administrative Agent shall have (i) executed this Agreement and (ii) received a counterpart signature page of this Agreement duly executed by (a) each of the Loan Parties, (b) the Required Lenders, (c) each Extending Initial Term Lender, (d) each Tranche E Term Lender, (e) each Restatement Revolving Credit Lender, (f) each L/C Issuer, and (g) the Swing Line Lender;
C. Committed Loan Notice. The Administrative Agent shall have received a Committed Loan Notice relating to the Borrowing of the Tranche E Term Loans and Restatement Revolving Credit Loans on the Restatement Date;
D. Opinion of Counsel to Loan Parties. The Administrative Agent shall have received an executed copy of a written opinion of Simpson, Thacher & Xxxxxxxx LLP, counsel for the Loan Parties, addressed to the Administrative Agent and the Lenders party to the Restated Credit Agreement, dated as of the Restatement Date, in form and substance satisfactory to the Administrative Agent;
E. No Default or Event of Default. No event shall have occurred and be continuing or will result from the consummation of the transactions contemplated by, and the effectiveness of, this Agreement and the Restated Credit Agreement (including, without limitation, any Credit Extension under the Restated Credit Agreement) that would constitute a Default or an Event of Default);
F. Representations and Warranties. (i) Each of the representations and warranties contained in Section IV below shall be true and correct in all material respects (both before and after giving effect to the Agreement); provided that, to the extent that such representations and warranties specifically refer to an earlier date, they shall be true and correct in all material respects as of such earlier date; provided, further that, any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates;
G. Fees and Expenses. The Administrative Agent shall have received by wire transfer of immediately available funds (i) for the account of each Term Lender that has consented to this Agreement and the Restated Credit Agreement and has delivered a counterpart signature page to this Agreement to the Administrative Agent (or its designee) on or prior to 2:00 p.m. (EDT) on March 28, 2012, a nonrefundable fee equal to 0.10% of the principal amount of such Lender’s Term Loans under the Original Credit Agreement outstanding as of the Restatement Date, (ii) for the account of each Extending Initial Term Lender that has consented to this Agreement and the Restated Credit Agreement and has delivered a counterpart signature page to this Agreement to the Administrative Agent (or its designee) on or prior to 2:00 p.m. (EDT) on March 28, 2012, a nonrefundable fee equal to 0.15% of the principal amount of such Extending Initial Term Lender’s Extended Initial Term Loans converted on the Restatement Date, (iii) for the ratable benefit of each Tranche E Term Lender that has consented to this Agreement and the Restated Credit Agreement and has delivered a counterpart signature page to this Agreement to the Administrative Agent (or its designee) on or prior to 2:00 p.m. (EDT) on March 28, 2012, a nonrefundable fee equal to 1.00% of the principal amount of Tranche E Term Loans funded on the Restatement Date (it being understood that such fee will take the form of original issue discount on the aggregate principal amount of the Tranche E Term Loans funded
on the Restatement Date) and (iv) all fees and other amounts due and payable on or prior to the Restatement Date, as well as, to the extent invoiced on or before the Restatement Date, reimbursement or other payment of all out-of-pocket expenses required to be reimbursed or paid by the Borrower in connection with the Restated Credit Agreement or under any Loan Document (including all reasonable fees, charges and disbursements of Xxxxxx & Xxxxxxx LLP, counsel to the Administrative Agent, incurred in connection with this Agreement and the Restated Credit Agreement);
H. Repayment of Indebtedness. Substantially concurrently with the effectiveness of this Agreement and the Restated Credit Agreement all Tranche D Term Loans (including all accrued but unpaid interest with respect thereto) shall have been paid in full and all Senior Subordinated Notes (including all accrued but unpaid interest with respect thereto) shall have either been paid in full or arrangements reasonably satisfactory to the Administrative Agent shall have been made regarding the redemption of the Senior Subordinated Notes, which in no event shall occur later than three (3) Business Days after the repayment of the Tranche D Term Loans;
I. Consent from Extending Initial Term Lenders. Notwithstanding anything to the contrary set forth herein, the amendments in the Agreement and the Restated Credit Agreement related to the establishment of the Extended Initial Term Loan Facility and the conversion of Initial Term Loans into Extended Initial Term Loans shall also be subject to the Administrative Agent’s receipt of the consent of Extending Initial Term Lenders having more than 55% of the aggregate outstanding amount of Initial Term Loans immediately prior to the Restatement Date; provided that the Borrower shall have the right to waive this condition in its sole discretion by providing written notice to the Administrative Agent of such waiver on or prior to the Restatement Date.
J. Other Documents. The Administrative Agent and the Lenders shall have received customary corporate documents and certificates (including a certificate from the chief financial officer of the Borrower with respect to the solvency (on a consolidated basis) of the Borrower and its subsidiaries) each in form and substance substantially identical to those delivered in connection with the Original Credit Agreement on the Closing Date and otherwise in form and substance reasonably satisfactory to the Administrative Agent.
SECTION IV. | REPRESENTATIONS AND WARRANTIES. |
In order to induce the Administrative Agent, the L/C Issuers, the Swing Line Lender, the Required Lenders, the Extending Initial Term Lenders, the Tranche E Term Lenders and the Restatement Revolving Credit Lenders to enter into this Agreement and the Restated Credit Agreement in the manner provided herein, each Loan Party which is a party hereto represents and warrants to each of the Administrative Agent, the L/C Issuers, the Swing Line Lender, the Required Lenders, the Extending Initial Term Lenders, the Tranche E Term Lenders and the Restatement Revolving Credit Lenders that the following statements are true and correct in all material respects (provided that any of the following statements that is qualified as to “materiality,” “Material Adverse Effect” or similar language is true and correct in all respects). Capitalized terms used in this Section IV but not defined in this Agreement shall have the meanings assigned to such terms in the Restated Credit Agreement.
A. Corporate Power and Authority. Each Loan Party which is party hereto has all requisite power and authority to enter into this Agreement and to carry out the transactions contemplated by, and to perform its obligations under, this Agreement and under the Restated Credit Agreement and the other Loan Documents to which it is a party.
B. Authorization of Agreements. The execution and delivery of this Agreement and the performance of this Agreement and the Restated Credit Agreement and the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of each Loan Party party hereto and thereto.
C. No Conflict. The execution and delivery by each Loan Party of this Agreement and the performance by each Loan Party party hereto and thereto of this Agreement and the Restated Credit Agreement and the other Loan Documents to which it is a party do not and will not (i) contravene the terms of any of such Loan Party’s Organizational Documents, (ii) conflict with or result in any breach or contravention of, or the creation of any Lien under (other than as permitted under Section 7.01 of the Restated Credit Agreement), or require any payment to be made under (a) any Contractual Obligation to which such Loan Party is a party or affecting such Loan Party or the properties of such Loan Party or any of its Subsidiaries or (b) any material order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Loan Party or its property is subject; or (iii) violate any material Law; except with respect to any conflict, breach or contravention or payment (but not creation of Liens) referred to in clause (ii)(a), to the extent that such conflict, breach, contravention or payment could not reasonably be expected to have a Material Adverse Effect.
D. Governmental Consents. No material action, consent or approval of, registration or filing with or any other action by any Governmental Authority is or will be required in connection with the execution and delivery by each Loan Party of this Agreement and the performance by, or enforcement against, each Loan Party party hereto and thereto of this Agreement and the Restated Credit Agreement and the other Loan Documents to which it is a party, except for such actions, consents and approvals the failure to obtain or make which could not reasonably be expected to result in a Material Adverse Effect or which have been obtained and are in full force and effect.
E. Binding Obligation. This Agreement and the Restated Credit Agreement have been duly executed and delivered by each of the Loan Parties party thereto and each constitutes a legal, valid and binding obligation of such Loan Party to the extent a party thereto, enforceable against such Loan Party in accordance with its terms, except as enforceability may be limited by Debtor Relief Laws and by general principles of equity.
F. Incorporation of Representations and Warranties from Restated Credit Agreement. The representations and warranties contained in Article V of the Restated Credit Agreement are and will be true and correct in all material respects on and as of the Restatement Date; provided that, to the extent that such representations and warranties specifically refer to an earlier date, they are true and correct in all material respects as of such earlier date; provided, further that, any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language is true and correct (after giving effect to any qualification therein) in all respects on such respective dates.
G. Patriot Act. To the extent applicable, each Loan Party and each Subsidiary of each Loan Party is in compliance, in all material respects, with (i) the Trading with the Enemy Act, as amended, and each of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) and any other enabling legislation or executive order relating thereto, and (ii) the Patriot Act. No part of the proceeds of the Loans will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended.
SECTION V. | ACKNOWLEDGMENT AND CONSENT. |
Each Guarantor hereby acknowledges that it has reviewed the terms and provisions of the Restated Credit Agreement and this Agreement and consents to the amendment of the Original Credit Agreement effected pursuant to this Agreement, including any increase or decrease in Commitments from the Original Credit Agreement (and any new Commitments by any additional Lenders) and acknowledges and agrees that the Lenders (including both existing Lenders and additional Lenders) are “Lenders” and “Secured Parties” for all purposes under the Loan Documents to which such Guarantor is a party. The Borrower and each Guarantor hereby confirms that each Loan Document to which it is a party or otherwise bound and all Collateral encumbered thereby will continue to guarantee or secure, as the case may be, to the fullest extent possible in accordance with the Loan Documents the payment and performance of all “Obligations” under each of the Loan Documents to which it is a party (in each case as such terms are defined in the applicable Loan Document (as amended hereby)).
The Borrower and each Guarantor acknowledges and agrees that any of the Loan Documents to which it is a party or otherwise bound shall continue in full force and effect and that all of its obligations thereunder shall be valid and enforceable and shall not be impaired or limited by the execution or effectiveness of this Agreement and the Restated Credit Agreement.
Each Guarantor acknowledges and agrees that (i) notwithstanding the conditions to effectiveness set forth in this Agreement, such Guarantor is not required by the terms of the Original Credit Agreement or any other Loan Document to consent to the amendments to the Original Credit Agreement effected pursuant to this Agreement and (ii) nothing in the Restated Credit Agreement, this Agreement or any other Loan Document shall be deemed to require the consent of such Guarantor to any future amendments to the Restated Credit Agreement.
SECTION VI. | MISCELLANEOUS. |
A. Reference to and Effect on the Credit Agreement and the Other Loan Documents.
(i) On and after the Restatement Date, each reference in the Restated Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Original Credit Agreement, and each reference in the other Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Original Credit Agreement shall mean and be a reference to the Restated Credit Agreement.
(ii) Except as specifically amended by this Agreement, the Restated Credit Agreement and the other Loan Documents shall remain in full force and effect and are hereby ratified and confirmed.
(iii) The execution, delivery and performance of this Agreement shall not constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of any Agent or Lender under, the Restated Credit Agreement or any of the other Loan Documents. This Agreement and the Restated Credit Agreement do not constitute a novation or termination of the Indebtedness and Obligations existing under the Original Credit Agreement.
B. Headings. Section and Subsection headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose or be given any substantive effect.
C. Integration, Applicable Law and Waiver of Jury Trial. The provisions of Sections 10.12 (Integration), 10.16 (Governing Law) and 10.17 (Waiver of Right to Trial by Jury) of the Restated Credit Agreement shall apply with like effect to this Agreement. This Agreement is a Loan Document as defined in the Restated Credit Agreement.
D. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by telecopier or other electronic method of an executed counterpart of a signature page to this Agreement shall be effective as delivery of an original executed counterpart of this Agreement. The Administrative Agent may also require that any such documents and signatures delivered by telecopier or other electronic method be confirmed by a manually signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature delivered by telecopier or other electronic method.
E. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and delivered by their respective officers thereunto duly authorized as of the date first written above.
BORROWER: | ||||||
By: | /s/ Xxxx X. Xxxxxxx | |||||
Name: Xxxx X. Xxxxxxx | ||||||
Title: Vice President | ||||||
GUARANTORS : | PEAK FINANCE HOLDINGS LLC | |||||
By: | /s/ Xxxx X. Xxxxxxx | |||||
Name: Xxxx X. Xxxxxxx | ||||||
Title: Vice President | ||||||
PINNACLE FOODS FINANCE CORP. | ||||||
By: | /s/ Xxxx X. Xxxxxxx | |||||
Name: Xxxx X. Xxxxxxx | ||||||
Title: Vice President | ||||||
PINNACLE FOODS GROUP LLC | ||||||
By: | /s/ Xxxx X. Xxxxxxx | |||||
Name: Xxxx X. Xxxxxxx | ||||||
Title: Vice President | ||||||
PINNACLE FOODS INTERNATIONAL CORP. | ||||||
By: | /s/ Xxxx X. Xxxxxxx | |||||
Name: Xxxx X. Xxxxxxx | ||||||
Title: Vice President | ||||||
BIRDS EYE FOODS, INC. | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: Vice President | ||
AVIAN HOLDINGS LLC | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: Vice President | ||
BIRDS EYE FOODS LLC | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: Vice President | ||
XXXXXXX ENDEAVORS, INCORPORATED | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: Vice President | ||
SEASONAL EMPLOYERS, INC. | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: Vice President | ||
BEMSA HOLDING, INC. | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: Vice President | ||
GLK HOLDINGS, INC. | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: Vice President | ||
GLK, LLC | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: Vice President | ||
ROCHESTER HOLDCO LLC | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: Vice President | ||
PINNACLE FOODS FORT MADISON LLC | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: Vice President | ||
BARCLAYS BANK PLC, | ||
as Administrative Agent, L/C Issuer and as Swing Line Lender | ||
By: | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Director | ||
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Genesis CLO 2007-1 Ltd | ||
By: GLG Ore Hill LLC, its Collateral Manager | ||
By | /s/ Xxxxxxxx X. Xxxxxxx | |
Name: Xxxxxxxx X. Xxxxxxx | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Northwoods Capital IV, Limited | ||
By: Xxxxxx, Xxxxxx & Co., L.P. As Collateral Manager | ||
By | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Oak Hill Credit Partners IV, Limited, | ||
as a Tranche D Term Lender | ||
By: Oak Hill CLO Management IV, LLC, as Investment Manager | ||
By: | /s/ Xxxxx X. August | |
Name: Xxxxx X. August | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Oak Hill Credit Partners IV, Limited | ||
By: Oak Hill CLO Management IV, LLC, as Investment Manager | ||
By | /s/ Xxxxx X. August | |
Name: Xxxxx X. August | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
HillMark Funding, Ltd. | ||
By: HillMark Capital Management, L.P., | ||
as Collateral Manager, As Lender | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxx Xxxx | |
Name: Xxxx Xxxx | ||
Title: CEO | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Xxxxxx Xxxx Funding I, Ltd. | ||
By: HillMark Capital Management, L.P., | ||
as Collateral Manager, as Lender | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxx Xxxx | |
Name: Xxxx Xxxx | ||
Title: CEO | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Texas Exchange Bank | ||
By | /s/ Xxx Xxxxx | |
Name: Xxx Xxxxx | ||
Title: CFO | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Mill Creek CLO, Ltd. | ||
By | /s/ Xxxxx Xxxxxxx | |
Name: Xxxxx Xxxxxxx | ||
Title: Authorized Xxxxxx | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Eagle Creek CLO, Ltd. | ||
By | /s/ Xxxxx Xxxxxxx | |
Name: Xxxxx Xxxxxxx | ||
Title: Authorized Xxxxxx | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
KATHONAH VII CLO LTD. | ||||
By | /s/ Xxxxxx Xxxxxxxx | |||
Name: Xxxxxx Xxxxxxxx | ||||
Title: | Authorized Officer, | |||
Katonah Debt Advisors, L.L.C. | ||||
As Manager | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
KATONAH VIII CLO LTD. | ||||
By | /s/ Xxxxxx Xxxxxxxx | |||
Name: Xxxxxx Xxxxxxxx | ||||
Title: | Authorized Officer, | |||
Katonah Debt Advisors, L.L.C. | ||||
As Manager | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
KATONAH IX CLO LTD. | ||||
By | /s/ Xxxxxx Xxxxxxxx | |||
Name: Xxxxxx Xxxxxxxx | ||||
Title: | Authorized Officer, | |||
Katonah Debt Advisors, L.L.C. | ||||
As Manager | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
KATONAH X CLO LTD. | ||||
By | /s/ Xxxxxx Xxxxxxxx | |||
Name: Xxxxxx Xxxxxxxx | ||||
Title: | Authorized Officer, | |||
Katonah Debt Advisors, L.L.C. | ||||
As Manager | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
KATONAH 2007-I CLO LTD. | ||||
By | /s/ Xxxxxx Xxxxxxxx | |||
Name: Xxxxxx Xxxxxxxx | ||||
Title: | Authorized Officer, | |||
Katonah Debt Advisors, L.L.C. | ||||
As Manager | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
San Xxxxxxx County Employees’ Retirement Association, | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: General Counsel | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
JHF II-Multi Sector Bond Fund, | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: General Counsel | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Libra Global Limited, | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: General Counsel | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Stone Harbor Global Funds PLC – Stone Harbor Leveraged Loan Portfolio, | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: General Counsel | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
San Xxxxxxx County Employees’ Retirement Association | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: General Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
JHF II-Multi Sector Bond Fund | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: General Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Libra Global Limited | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: General Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Stone Harbor Global Funds PLC – Stone Harbor Leveraged Loan Portfolio | ||
By: | /s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: General Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
Pioneer Bond Fund | ||||
By: | Pioneer Investment Management, Inc., as adviser to each Lender above | |||
By | /s/ Xxxxxxxx X. Xxxxxx | |||
Name: Xxxxxxxx X. Xxxxxx | ||||
Title: Secretary and Associate General Counsel | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
Pioneer Floating Rate Trust | ||||
By | /s/ Xxxxxxxx X. Xxxxxx | |||
Name: Xxxxxxxx X. Xxxxxx | ||||
Title: Secretary and Associate General Counsel | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Stichting Pensioenfonds Medische Specialisten | ||
By: Pioneer Institutional Asset Management, Inc., as adviser to each Lender above | ||
By | /s/ Xxxxxxxx X. Xxxxxx | |
Name: Xxxxxxxx X. Xxxxxx | ||
Title: Secretary and Associate General Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Stichting Pensioenfonds voor Huisartsen | ||
By: Pioneer Institutional Asset Management, Inc., as adviser to each Lender above | ||
By | /s/ Xxxxxxxx X. Xxxxxx | |
Name: Xxxxxxxx X. Xxxxxx | ||
Title: Secretary and Associate General Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Waveland – INGOTS Limited | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Executive Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Loan Funding III (Delaware) LLC | ||
By: | Pacific Investment Management Company, LLC, as its Investment Advisor | |
By | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Executive Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Southport CLO, Limited | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Executive Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Fairway Loan Funding Company | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Executive Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Mayport CLO Ltd. | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Executive Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Portola CLO, Ltd. | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Executive Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
PIMCO Funds: PIMCO Senior Floating Rate Fund | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Executive Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
PIMCO Funds: Private Account Portfolio Series Senior Floating Rate Portfolio | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Executive Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
PIMCO Cayman Bank Loan Fund | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Executive Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Virtus Senior Floating Rate Fund | ||
By | /s/ Xxxx Xxxxxxxx | |
Name: Xxxx Xxxxxxxx | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Virtus Multi Sector Short Term Bond Fund | ||
By | /s/ Xxxx Xxxxxxxx | |
Name: Xxxx Xxxxxxxx | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
VVIT: Virtus Multi Sector Fixed Income Series | ||
By | /s/ Xxxx Xxxxxxxx | |
Name: Xxxx Xxxxxxxx | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Mayport CLO Ltd., | ||
as a Tranche D Term Lender | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Fairway Loans Funding Company, | ||
as a Tranche D Term Lender | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Portola CLO, Ltd., | ||
as a Tranche D Term Lender | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
PIMCO Cayman Bank Loan Fund, | ||
as a Tranche D Term Lender | ||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ Xxxxxx Y.D. Xxx | |
Name: Xxxxxx Y.D. Ong | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Montpelier Investments Holdings Ltd. | ||
By: Pioneer Institutional Asset Management, Inc., as adviser to each Lender above | ||
By | /s/ Xxxxxxxx X. Xxxxxx | |
Name: Xxxxxxxx X. Xxxxxx | ||
Title: Secretary and Associate General Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CONFLUENT 4 LIMITED, | ||
As Lender | ||
By: | Xxxxxx, Xxxxxx & Company, L.P., | |
As Sub-Manager | ||
By: | Xxxxxx, Xxxxxx & Company, Incorporated | |
Its General Partner | ||
By | /s/ Xxxx XxXxxxxx | |
Name: Xxxx XxXxxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
XXXXXX XXXXXX CLO I, LTD. | ||
As Lender | ||
By: | Xxxxxx, Xxxxxx & Company, L.P., | |
Its Collateral Manager | ||
By: | Xxxxxx, Xxxxxx & Company, Incorporated, | |
Its General Partner | ||
By | /s/ Xxxx XxXxxxxx | |
Name: Xxxx XxXxxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
DIVERSIFIED CREDIT PORFOLIO LTD., | ||
as a Tranche E Term Lender | ||
By: INVESCO Senior Secured Management, Inc. as Investment Adviser | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Invesco Xxx Xxxxxx Dynamic Credit Opportunities Fund, | ||
as a Tranche E Term Lender | ||
By: Invesco Senior Secured Management, Inc. as Sub-Adviser | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Invesco Floating Rate Fund, | ||
as a Tranche E Term Lender | ||
By: INVESCO Senior Secured Management, Inc. as Sub-Adviser | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
MSIM Peconic Bay, Ltd., | ||
as a Tranche E Term Lender | ||
By: Invesco Senior Secured Management, Inc. As Collateral Manager | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Invesco Xxx Xxxxxx Senior Income Trust, | ||
as a Tranche E Term Lender | ||
By: Invesco Senior Management, Inc. as Sub-Adviser | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Invesco Xxx Xxxxxx Senior Loan Fund, | ||
as a Tranche E Term Lender | ||
By: Invesco Senior Secured Management, Inc. as Sub-Adviser | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Invesco Zodiac Funds – Invesco US Senior Loan Fund, | ||
as a Tranche E Term Lender | ||
By: Invesco Management S.A. As Investment Manager | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Xxxxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Chatham Light II CLO, Limited | ||
By: Sankaty Advisors, LLC as Collateral Manager | ||
By | /s/ Xxxxxx X. Xxxxx | |
Name: Xxxxxx X. Xxxxx | ||
Title: Sr. Vice President of Operations | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
COA Caerus CLO Ltd., as Lender | ||
By: FS COA Management LLC, as Portfolio Manager | ||
By | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Partner | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Fraser Xxxxxxxx CLO I, Ltd., as Lender | ||
By: WCAS Fraser Xxxxxxxx Investment Management, LLC, as Collateral Manager | ||
By | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Partner | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Fraser Xxxxxxxx CLO II, Ltd., as Lender | ||
By: WCAS Fraser Xxxxxxxx Investment Management, LLC, as Collateral Manager | ||
By | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Partner | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
AllianceBernstein Institutional Investments – High Yield Loan Portfolio | ||
By: AllianceBernstein L.P. | ||
By | /s/ Xxxxxxx Xxxx | |
Name: Xxxxxxx Xxxx | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Four Corners CLO III, Ltd. | ||
By | /s/ Xxxx Xxxxx | |
Name: Xxxx Xxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Fraser Xxxxxxxx CLO VI Ltd. | ||
By: FS COA Management, LLC, as Portfolio Manager | ||
By | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Partner | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Golden Knight II CLO, Ltd. | ||
By | /s/ Xxxx Xxxxxxxxxxx | |
Name: Xxxx Xxxxxxxxxxx | ||
Title: Portfolio Manager | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
ABS Loans 2007 Limited, a subsidiary of Xxxxxxx Xxxxx Institutional Funds II PLC, | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxxx Xxxxxxxx | |
Name: Xxxxx Xxxxxxxx | ||
Title: Authorised Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Xxxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx | ||
Title: Authorised Signatory | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Flagship CLO III | ||
By: | Deutsche Investment Management Americas, Inc. (as successor in interest to Deutsche Asset Management, Inc), As Collateral Manager | |
By | /s/ Xxxx X. Xxxxx | |
Name: Xxxx X. Xxxxx | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Xxxxxx X. Le | |
Name: Xxxxxx X. Le | ||
Title: Director | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
DWS Floating Rate Fund, | ||
as a Tranche D Term Lender | ||
By: | Deutsche Investment Management Americas, Inc. | |
Investment Advisor | ||
By: | /s/ Xxxx X. Xxxxx | |
Name: Xxxx X. Xxxxx | ||
Title: Managing Director | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Xxxxxx X. Le | |
Name: Xxxxxx X. Le | ||
Title: Director | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Flagship CLO IV, | ||
as a Tranche D Term Lender | ||
By: Deutsche Investment Management Americas, Inc. (as successor in interest to Deutsche Asset Management, Inc.) As Collateral Manager | ||
By: | /s/ Xxxx X. Xxxxx | |
Name: Xxxx X. Xxxxx | ||
Title: Managing Director | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Xxxxxx X. Le | |
Name: Xxxxxx X. Le | ||
Title: Director | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
DWS Floating Rate Fund | ||
By: | Deutsche Investment Management Americas, Inc. | |
Investment Advisor | ||
By: | /s/ Xxxx X. Xxxxx | |
Name: Xxxx X. Xxxxx | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Xxxxxx X. Le | |
Name: Xxxxxx X. Le | ||
Title: Director | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Flagship CLO IV | ||
By: Deutsche Investment Management Americas, Inc. | ||
(as successor in interest to Deutsche Asset Management, Inc.) | ||
As Collateral Manager | ||
By: | /s/ Xxxx X. Xxxxx | |
Name: Xxxx X. Xxxxx | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Xxxxxx X. Le | |
Name: Xxxxxx X. Le | ||
Title: Director | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ (%).
Name of Institution: | ||
Flagship CLO V | ||
By: Deutsche Investment Management Americas, Inc. | ||
(as successor in interest to Deutsche Asset Management, Inc.) | ||
As Collateral Manager | ||
By: | /s/ Xxxx X. Xxxxx | |
Name: Xxxx X. Xxxxx | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Xxxxxx X. Le | |
Name: Xxxxxx X. Le | ||
Title: Director | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Flagship CLO VI | ||
By: Deutsche Investment Management Americas, Inc. | ||
As Collateral Manager | ||
By: | /s/ Xxxx X. Xxxxx | |
Name: Xxxx X. Xxxxx | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Xxxxxx X. Le | |
Name: Xxxxxx X. Le | ||
Title: Director | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Northwoods Capital IV, Limited, | ||
as a Tranche D Term Lender | ||
By: XXXXXX, XXXXXX & CO., L.P. AS COLLATERAL MANAGER | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Managing Director | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Northwoods Capital IV, Limited | ||
By: XXXXXX, XXXXXX & CO., L.P. AS COLLATERAL MANAGER | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ARES VIR CLO LTD. | ||
By: ARES CLO MANAGEMENT VIR, L.P., ITS INVESTMENT MANAGER | ||
By: ARES CLO GP VIR, LLC, ITS GENERAL PARTNER | ||
By | /s/ Xxxx Xxxxxxx | |
Name: Xxxx Xxxxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ARES IX CLO LTD. | ||
BY: ARES CLO MANAGEMENT IX, L.P., ITS INVESTMENT MANAGER | ||
BY: ARES CLO GP IX, LLC, ITS GENERAL PARTNER | ||
By | /s/ Xxxx Xxxxxxx | |
Name: Xxxx Xxxxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Ares NF CLO XIII Ltd | ||
By: ARES NF CLO XIII MANAGEMENT, L.P., Its collateral manager | ||
By: ARES NF CLO XIII Management LLC, Its general partner | ||
By | /s/ Xxxx Xxxxxxx | |
Name: Xxxx Xxxxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Ares NF CLO XIV Ltd. | ||
By: ARES NF CLO XIV Management, L.P., its collateral manager | ||
By: ARES NF CLO XIV Management LLC, its general partner | ||
By | /s/ Xxxx Xxxxxxx | |
Name: Xxxx Xxxxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Ares NF CLO XV Ltd | ||
By: Ares NF CLO XV Management, L.P., its collateral manager | ||
By: Ares NF CLO XV Management LLC, its general partner | ||
By | /s/ Xxxx Xxxxxxx | |
Name: Xxxx Xxxxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ARES XXIII CLO LTD. | ||
BY: ARES CLO MANAGEMENT XXIII, L.P., ITS ASSET MANAGER | ||
BY: ARES CLO GP XXIII, LLC, ITS GENERAL PARTNER | ||
By | /s/ Xxxx Xxxxxxx | |
Name: Xxxx Xxxxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CONFLUENT 2 LIMITED | ||
By: ARES PRIVATE ACCOUNT MANAGEMENT I, L.P., AS SUB-MANAGER | ||
By: ARES PRIVATE ACCOUNT MANAGEMENT I GP, LLC, ITS GENERAL PARTNER | ||
By | /s/ Xxxxxxx Xxxxxxxx | |
Name: Xxxxxxx Xxxxxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
WELLPOINT, INC. | ||
By: ARES WLP MANAGEMENT, L.P., ITS INVESTMENT MANAGER | ||
By: ARES WLP AMANGEMENT GP, LLC, ITS GENERAL PARTNER | ||
By | /s/ Xxxx Xxxxxxx | |
Name: Xxxx Xxxxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
ARES IX CLO LTD., | ||
as a Tranche D Term Lender | ||
BY: ARES CLO MANAGEMENT IX, L.P., ITS INVESTMENT MANAGER | ||
BY: ARES CLO GP IX, LLC, ITS GENERAL PARTNER | ||
By | /s/ Xxxxxxx Xxxxxxxx | |
Name: Xxxxxxx Xxxxxxxx | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Ares NF CLO XIII Ltd, | ||
as a Tranche D Term Lender | ||
By: Ares NF CLO XIII Management, L.P., its collateral manager | ||
By: Ares NF CLO XIII Management LLC, its general partner | ||
By | /s/ Xxxxxxx Xxxxxxxx | |
Name: Xxxxxxx Xxxxxxxx | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Barclays Bank PLC | ||
By | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Barclays Bank PLC, | ||
as a Tranche D Term Lender | ||
By | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Director | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
Barclays Bank PLC, | ||
as a Revolving Credit Lender | ||
By | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Director | ||
For any Revolving Credit Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Barclays Bank PLC, | ||
as a Restatement Revolving Credit Lender | ||
By | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Director | ||
For any Restatement Revolving Credit Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Restatement Revolving Credit Commitment:
Notice Address: | Barclays Bank XXX 000 Xxxxxxx Xxxxxx Xxx Xxxx, XX 00000 | |
Attention: | Xxxxx Xxxxx | |
Telephone: | 000-000-0000 | |
Facsimile: | 646-758-5957 | |
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
CIT CLO I LTD. | ||||
By: CIT Asset Management LLC | ||||
By | /s/ Xxxxx X. Xxxxx | |||
Name: | Xxxxx X. Xxxxx | |||
Title: | CIT Asset Management LLC, Executive VP | |||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
XXXXXXX SACHS ASSET | ||
MANAGEMENT CLO, PUBLIC | ||
LIMITED COMPANY | ||
By: Xxxxxxx Xxxxx Asset Manager, L.P., as Manager | ||
By | /s/ Sriuathsa Godinath | |
Name: Sriuathsa Godinath | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CREDIT SUISSE LOAN FUNDING LLC | ||
By | /s/ Xxxxxxx Xxxxxxxxxx | |
Name: Xxxxxxx Xxxxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Managing Director | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
CREDIT SUISSE LOAN FUNDING LLC, | ||
as a Tranche D Term Lender | ||
By | /s/ Xxxxxxx Xxxxxxxxxx | |
Name: Xxxxxxx Xxxxxxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Xxxxxx Xxxxxx | |
Name: Xxxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Deutsche Bank AG New York Branch | ||
as a Tranche D Term Lender | ||
By: DB Services New Jersey, Inc. | ||
By | /s/ Xxxxxxxxx XxXxxxxx | |
Name: Xxxxxxxxx XxXxxxxx | ||
Title: Assistant Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Xxxxxx Xxxxxxx | |
Name: Xxxxxxx Xxxxxxx | ||
Title: Assistant Vice President | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Nob Hill CLO, Limited | ||
By | /s/ Xxxxxxx Xxxx | |
Name: Xxxxxxx Xxxx | ||
Title: Portfolio Manager | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Nob Hill CLO II, Limited | ||
By | /s/ Xxxxxxx Xxxx | |
Name: Xxxxxxx Xxxx | ||
Title: Portfolio Manager | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Blackrock Senior High Income Fund, Inc. | ||
Allied World Assurance Company, Ltd | ||
JPMBI re Blackrock BankLoan Fund | ||
BlackRock Floating Rate Income Trust | ||
BlackRock Defined Opportunity Credit Trust | ||
BlackRock Limited Duration Income Trust | ||
BMI-CLO-I | ||
BlackRock Funds II BlackRock Floating | ||
Rate Income Portfolio | ||
BlackRock Senior Income Series II | ||
BlackRock Senior Income Series IV | ||
BlackRock Senior Income Series V Limited | ||
BlackRock Debt Strategies Fund, Inc. | ||
BlackRock Diversified Income Strategies Fund, Inc. | ||
BlackRock Floating Rate Income | ||
Strategies Fund, Inc. | ||
BlackRock Floating Rate Income | ||
Strategies Fund II, Inc. | ||
BlackRock Global Investment Series: | ||
Income Strategies Portfolio | ||
Alterra Bermuda Limited | ||
Ironshore Inc. | ||
Missouri State Employees’ Retirement System | ||
BlackRock Senior Floating Rate Portfolio, | ||
as a Tranche E Term Lender | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
Fifth Amendment and Restatement for Credit Agreement
For any Tranche E Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Tranche E Term Commitment
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
BlackRock Senior Income Series, | ||
as a Tranche D Term Lender | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BlackRock Senior Income Series | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BlackRock Senior High Income Fund, Inc. | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
JPMBI re BlackRock Bank Loan Fund | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BlackRock Defined Opportunity Credit Trust | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BlackRock Funds II BlackRock Floating Rate Income Portfolio | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BlackRock Senior Income Series II | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BlackRock Senior High Income Fund, Inc. | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Blackrock Senior Income Series IV | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BlackRock Senior Income Series V Limited | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BlackRock Diversified Income Strategies Fund, Inc. | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BlackRock Floating Rate Income Strategies Fund, Inc. | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BlackRock Floating Rate Income Strategies Fund II, Inc. | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Ironshore Inc. | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Missouri State Employees’ Retirement System | ||
By: | /s/ C. Xxxxxx Xxxxxxxx | |
Name: C. Xxxxxx Xxxxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
NB Global Floating Rate Income Fund Limited, | ||
as a Tranche D Term Lender | ||
By: Xxxxxxxxx Xxxxxx Fixed Income LLC, as collateral manger | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Xxxxxxxxx Xxxxxx – Floating Rate Income Fund, | ||
as a Tranche D Term Lender | ||
By: Xxxxxxxxx Xxxxxx Fixed Income LLC, as collateral manger | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Xxxxxxxxx Xxxxxx Strategic Income Fund, | ||
as a Tranche D Term Lender | ||
By: Xxxxxxxxx Xxxxxx Fixed Income LLC, as collateral manger | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
LightPoint CLO III, Ltd. | ||
By: Xxxxxxxxx Xxxxxx Fixed Income LLC, as collateral manager | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
LightPoint CLO IV, Ltd. | ||
By: Xxxxxxxxx Xxxxxx Fixed Income LLC, as collateral manager | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
LightPoint CLO V, Ltd. | ||
By: Xxxxxxxxx Xxxxxx Fixed Income LLC, as collateral manager | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
LightPoint CLO VII, Ltd. | ||
By: Xxxxxxxxx Xxxxxx Fixed Income LLC, as collateral manager | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
LightPoint CLO VIII, Ltd. | ||
By: Xxxxxxxxx Xxxxxx Fixed Income LLC, as collateral manager | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Airlie CLO 2006-I, Ltd. | ||
By: Xxxxxxxxx Xxxxxx Fixed Income LLC, as collateral manager | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Xxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ACA CLO 2007-I, LTD | ||
By: Its Investment Advisor Apidos Capital Management, LLC | ||
By | /s/ Xxxxxxxx Xxxxxxxxxxx | |
Name: Xxxxxxxx Xxxxxxxxxxx | ||
Title: VP | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
APIDOS CDO I | ||
By: Its Investment Advisor Apidos Capital Management, LLC | ||
By | /s/ Xxxxxxxx Xxxxxxxxxxx | |
Name: Xxxxxxxx Xxxxxxxxxxx | ||
Title: VP | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
APIDOS CDO II | ||
By: Its Investment Advisor Apidos Capital Management, LLC | ||
By | /s/ Xxxxxxxx Xxxxxxxxxxx | |
Name: Xxxxxxxx Xxxxxxxxxxx | ||
Title: VP | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
APIDOS CDO III | ||
By: Its Investment Advisor Apidos Capital Management, LLC | ||
By | /s/ Xxxxxxxx Xxxxxxxxxxx | |
Name: Xxxxxxxx Xxxxxxxxxxx | ||
Title: VP | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
APIDOS CDO IV | ||
By: Its Investment Advisor Apidos Capital Management, LLC | ||
By | /s/ Xxxxxxxx Xxxxxxxxxxx | |
Name: Xxxxxxxx Xxxxxxxxxxx | ||
Title: VP | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
APIDOS QUATTRO CDO | ||
By: Its Investment Advisor Apidos Capital Management, LLC | ||
By | /s/ Xxxxxxxx Xxxxxxxxxxx | |
Name: Xxxxxxxx Xxxxxxxxxxx | ||
Title: VP | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
APIDOS CDO V | ||
By: Its Investment Advisor Apidos Capital Management, LLC | ||
By | /s/ Xxxxxxxx Xxxxxxxxxxx | |
Name: Xxxxxxxx Xxxxxxxxxxx | ||
Title: VP | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
APIDOS CINCO CDO | ||
By: Its Investment Advisor Apidos Capital Management, LLC | ||
By | /s/ Xxxxxxxx Xxxxxxxxxxx | |
Name: Xxxxxxxx Xxxxxxxxxxx | ||
Title: VP | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Green Island CBNA Loan Funding LLC | ||
By: Citibank, N.A. | ||
By | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
NAVIGATOR CDO 2005, LTD., as a Lender | ||
By: GE Capital Debt Advisors LLC, as Collateral Manager | ||
By | /s/ Xxxxxxxx Xxxxxx | |
Name: Xxxxxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
NAVIGATOR CDO 2006, LTD., as a Lender | ||
By: GE Capital Debt Advisors LLC, as Collateral Manager | ||
By | /s/ Xxxxxxxx Xxxxxx | |
Name: Xxxxxxxx Xxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Ballyrock CLO III Limited | ||
By: Ballyrock Investment Advisors LLC, as Collateral Manager | ||
By | /s/ Xxxx Xxxxx | |
Name: Xxxx Xxxxx | ||
Title: Assistant Treasurer | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Fidelity Advisor Series I: Fidelity Advisor Floating Rate High Income Fund, | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxxxx Xxxxxxxxx | |
Name: Xxxxxx Xxxxxxxxx | ||
Title: Deputy Treasurer | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, | ||
as a Restatement Revolving Credit Lender | ||
By: | /s/ Xxxxxx X. Xxxxx | |
Name: Xxxxxx X. Xxxxx | ||
Title: Managing Director | ||
For any Restatement Revolving Credit Lender requiring a second signature line: | ||
By | /s/ Xxxxx X. Xxxxx | |
Name: Xxxxx X. Xxxxx | ||
Title: Associate | ||
Restatement Revolving Credit Commitment:
Notice Address: | Eleven Xxxxxxx Xxxxxx Xxx Xxxx, XX 00000 | |
Attention: | Xxxx Portrait | |
Telephone: | 000-000-0000 | |
Facsimile: | 212-32202291 | |
Amendment and Restatement and Resignation and Appointment Agreement
XXXXXX XXXXXXX BANK, N.A., | ||
as a Restatement Revolving Credit Lender | ||
By: | /s/ Xxxxxxx Xxxx | |
Name: Xxxxxxx Xxxx | ||
Title: Authorized Signatory | ||
For any Restatement Revolving Credit Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Restatement Revolving Credit Commitment:
Notice Address: | Xxxxxx Xxxxxxx Loan Servicing 1300 Xxxxxx Xxxxxx, Xxxxxx Xxxxxx Xxxxx, 0xx Xxxxx Xxxxxxxxx, MD 21231 | |
Attention: | Xxxxxx Xxxxxx | |
Telephone: | 000-000-0000 | |
Facsimile: | 000-000-0000 | |
Amendment and Restatement and Resignation and Appointment Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Xxxxx Fargo Advantage Short-Term High Yield Bond Fund | ||
By | /s/ Xxxxxxx X. Xxxxxxxxx | |
Name: Xxxxxxx X. Xxxxxxxxx | ||
Title: Portfolio Manager | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Alterra Bermuda Limited, as a Lender | ||
By: Wellington Management Company, as its Investment Advisor | ||
By | /s/ Xxxxxx X. Xxxxxxx | |
Name: Xxxxxx X. Xxxxxxx | ||
Title: Vice President and Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Global Indemnity (Cayman) Limited, as a Lender | ||
By: Wellington Management Company, as its Investment Advisor | ||
By | /s/ Xxxxxx X. Xxxxxxx | |
Name: Xxxxxx X. Xxxxxxx | ||
Title: Vice President and Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
SunAmerica Senior Floating Rate Fund, Inc., as a Lender | ||
By: Wellington Management Company, as its Investment Advisor | ||
By | /s/ Xxxxxx X. Xxxxxxx | |
Name: Xxxxxx X. Xxxxxxx | ||
Title: Vice President and Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
U.A.I. (Luxembourg) Investment S.a.r.l., as a Lender | ||
By: Wellington Management Company, as its Investment Advisor | ||
By | /s/ Xxxxxx X. Xxxxxxx | |
Name: Xxxxxx X. Xxxxxxx | ||
Title: Vice President and Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
UMC Benefit Board, Inc., as a Lender | ||
By: Wellington Management Company, as its Investment Advisor | ||
By | /s/ Xxxxxx X. Xxxxxxx | |
Name: Xxxxxx X. Xxxxxxx | ||
Title: Vice President and Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
U.A.I. (Luxembourg) Investment S.a.r.l., | ||||
as a Tranche E Term Lender | ||||
By: Wellington Management Company, as its Investment Advisor | ||||
By | /s/ Xxxxxx X. Xxxxxxx | |||
Name: Xxxxxx X. Xxxxxxx | ||||
Title: Vice President and Counsel | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
U.S. CAPITAL FUNDING, VI, LTD. | ||
By: StoneCastle Advisors, LLC, its attorney-in-fact | ||
By | /s/ Xxxxxx Xxxxxx | |
Name: Xxxxxx Xxxxxx | ||
Title: President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
U.S. CAPITAL FUNDING, V, LTD. | ||
By: StoneCastle Advisors, LLC, its attorney-in-fact | ||
By | /s/ Xxxxxx Xxxxxx | |
Name: Xxxxxx Xxxxxx | ||
Title: President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
Union Bank, NA, | ||||
as a Revolving Credit Lender | ||||
By: | /s/ Xxxxxxx Xxxxxxx | |||
Name: Xxxxxxx Xxxxxxx | ||||
Title: Vice President | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
TRS HY FUNDS LLC | ||
By: Deutsche Bank AG Cayman Islands Branch, its sole member | ||
By: DB Services New Jersey, Inc. | ||
By | /s/ Xxxxxxxxx XxXxxxxx | |
Name: Xxxxxxxxx XxXxxxxx | ||
Title: Assistant Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Xxxxxxxx Xxxxxxxx | |
Name: Xxxxxxxx Xxxxxxxx | ||
Title: Assistant Vice President | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
XELO VII LIMITED, | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Sub-Advisor | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
SUMMIT LAKE CLO, LTD., | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
ST. XXXXX RIVER CLO, LTD., | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
SAPPHIRE VALLEY CDO I, LTD., | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Investment Adviser | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
DIAMOND LAKE CLO, LTD., | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Collateral Servicer | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
C.M. LIFE INSURANCE COMPANY, | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Investment Adviser | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
CLEAR LAKE CLO, LTD., | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
BABSON CLO LTD. 2011-I, | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
XXXX AND XXXXXXX XXXXX FOUNDATION TRUST, | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Investment Adviser | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
BABSON CLO LTD. 2007-I, | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
BABSON CLO LTD. 2006-II, | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
BABSON CLO LTD. 2006-1, | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
BABSON CLO LTD. 2005-1, | ||||
as a Tranche D Term Lender | ||||
By: Babson Capital Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: Xxxxx X. Xxxxxxxx | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
JFIN CLO 2007 LTD. | ||
By: Xxxxxxxxx Finance LLC as Collateral Manager | ||
By | /s/ Xxxxx Xxxxxxxx | |
Name: Xxxxx Xxxxxxxx | ||
Title: Closing Manager | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BABSON CLO LTD. 2004-II | ||
By: Babson Capital Management LLC as Collateral Manager | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BABSON CLO LTD. 2005-II | ||
By: Babson Capital Management LLC as Collateral Manager | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BABSON CLO LTD. 2004-I | ||
By: Babson Capital Management LLC as Collateral Manager | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BABSON CLO LTD. 2006-II | ||
By: Babson Capital Management LLC as Collateral Manager | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
VINACASA CLO, LTD. | ||
By: Babson Capital Management LLC as Collateral Servicer | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BABSON CLO LTD. 2008-II | ||
By: Babson Capital Management LLC as Collateral Manager | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BABSON LOAN OPPORTUNITY CLO, LTD. | ||
By: Babson Capital Management LLC as Collateral Manager | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
OSPREY CDO 2006-1 LTD. | ||
By: Babson Capital Management LLC as Collateral Manager | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
VICTORIA FALLS CLO, LTD. | ||
By: Babson Capital Management LLC as Collateral Manager | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
XXXX AND XXXXXXX XXXXX FOUNDATION TRUST | ||
By: Babson Capital Management LLC as Investment Adviser | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BABSON CLO LTD. 2007-I | ||
By: Babson Capital Management LLC as Collateral Manager | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BABSON CLO LTD. 2006-I | ||
By: Babson Capital Management LLC as Collateral Manager | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BABSON CLO LTD. 2005-I | ||
By: Babson Capital Management LLC as Collateral Manager | ||
By | /s/ Xxxxx X. Xxxxxxxx | |
Name: Xxxxx X. Xxxxxxxx | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
The Standard Fire Insurance Company, | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxxxxx Xxxxxxxxx | |
Name: Xxxxxxx Xxxxxxxxx | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
The Standard Fire Insurance Company | ||
By | /s/ Xxxxxxx Xxxxxxxxx | |
Name: Xxxxxxx Xxxxxxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Founders Grove CLO, Ltd., | ||
as a Tranche D Term Lender | ||
By: Tall Tree Investment Management, LLC as Collateral Manager | ||
By: | /s/ Xxxxxxx X. Xxxxxxxx Xx. | |
Name: Xxxxxxx X. Xxxxxxxx Xx. | ||
Title: Officer | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Founders Grove CLO, Ltd. | ||
By: Tall Tree Investment Management, LLC as Collateral Manager | ||
By | /s/ Xxxxxxx X. Xxxxxxxx Xx. | |
Name: Xxxxxxx X. Xxxxxxxx Xx. | ||
Title: Officer | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Grant Grove CLO, Ltd., | ||
as a Tranche E Term Lender | ||
By: Tall Tree Investment Management, LLC as Collateral Manager | ||
By | /s/ Xxxxxxx X. Xxxxxxxx Xx. | |
Name: Xxxxxxx X. Xxxxxxxx Xx. | ||
Title: Officer | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Grant Grove CLO, Ltd. | ||
By: Tall Tree Investment Management, LLC as Collateral Manager | ||
By | /s/ Xxxxxxx X. Xxxxxxxx Xx. | |
Name: Xxxxxxx X. Xxxxxxxx Xx. | ||
Title: Officer | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Xxxx Grove CLO, Ltd., | ||
as a Tranche E Term Lender | ||
By: Tall Tree Investment Management, LLC as Collateral Manager | ||
By | /s/ Xxxxxxx X. Xxxxxxxx Xx. | |
Name: Xxxxxxx X. Xxxxxxxx Xx. | ||
Title: Officer | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Xxxx Grove CLO, Ltd. | ||
By: Tall Tree Investment Management, LLC as Collateral Manager | ||
By | /s/ Xxxxxxx X. Xxxxxxxx Xx. | |
Name: Xxxxxxx X. Xxxxxxxx Xx. | ||
Title: Officer | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Penn Series Funds, Inc. – Flexibly Managed Fund | ||
By: X. Xxxx Price Associates, Inc. as investment advisor: | ||
By | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ING Investors Trust – ING X. Xxxx Price Capital Appreciation Portfolio | ||
By: X. Xxxx Price Associates, Inc. as investment advisor: | ||
By | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Xxxx Xxxxxxx Variable Insurance Trust – Capital Appreciation Value Trust | ||
By: X. Xxxx Price Associates, Inc. as investment sub-advisor: | ||
By | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
X. Xxxx Price Capital Appreciation Fund | ||
By | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
X. Xxxx Price Floating Rate Fund, Inc. | ||
By | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ACE AMERICAN INSURANCE COMPANY | ||
By: X. Xxxx Price Associates, Inc. as investment advisor: | ||
By | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Penn Series Funds, Inc. – Flexibly Managed Fund, | ||
as a Tranche D Term Lender | ||
By: X. Xxxx Price Associates, Inc. as investment advisor | ||
By: | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
ING Investors Trust – ING X. Xxxx Price Capital Appreciation Portfolio, | ||
as a Tranche D Term Lender | ||
By: X. Xxxx Price Associates, Inc. as investment advisor | ||
By: | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
X. Xxxx Price Institutional Common Trust Fund – X. Xxxx Price Capital Appreciation Trust, | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
X. Xxxx Price Capital Appreciation Fund, | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
X. Xxxx Price Floating Rate Fund, Inc., | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
ACE AMERICAN INSURANCE COMPANY, | ||
as a Tranche D Term Lender | ||
By: X. Xxxx Price Associates, Inc. as investment advisor | ||
By: | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
X. Xxxx Price Institutional Floating Rate Fund, | ||
as a Tranche D Term Lender | ||
By: | /s/ Xxxxx Xxxxx | |
Name: Xxxxx Xxxxx | ||
Title: Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Rampart CLO 2006-1 Ltd. | ||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||
By | /s/ Xxxxxxx X. XxxXxxxxx | |
Name: Xxxxxxx X. XxxXxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Loan Star State Trust | ||
By: Stone Tower Fund Management LLC As Its Investment Manager | ||
By | /s/ Xxxxxxx X. XxxXxxxxx | |
Name: Xxxxxxx X. XxxXxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Cornerstone CLO Ltd. | ||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||
By | /s/ Xxxxxxx X. XxxXxxxxx | |
Name: Xxxxxxx X. XxxXxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Stone Tower CLO VII Ltd. | ||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||
By | /s/ Xxxxxxx X. XxxXxxxxx | |
Name: Xxxxxxx X. XxxXxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Rampart CLO 2007 Ltd. | ||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||
By | /s/ Xxxxxxx X. XxxXxxxxx | |
Name: Xxxxxxx X. XxxXxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Stone Tower CLO VI Ltd. | ||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||
By | /s/ Xxxxxxx X. XxxXxxxxx | |
Name: Xxxxxxx X. XxxXxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Stone Tower CLO V Ltd. | ||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||
By | /s/ Xxxxxxx X. XxxXxxxxx | |
Name: Xxxxxxx X. XxxXxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Granite Ventures III Ltd. | ||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||
By | /s/ Xxxxxxx X. XxxXxxxxx | |
Name: Xxxxxxx X. XxxXxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Granite Ventures II Ltd. | ||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||
By | /s/ Xxxxxxx X. XxxXxxxxx | |
Name: Xxxxxxx X. XxxXxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Stone Tower CLO IV Ltd. | ||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||
By | /s/ Xxxxxxx X. XxxXxxxxx | |
Name: Xxxxxxx X. XxxXxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Stone Tower CLO III Ltd. | ||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||
By | /s/ Xxxxxxx X. XxxXxxxxx | |
Name: Xxxxxxx X. XxxXxxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
IBM Personal Pension Plan Trust, | ||||
as a Tranche E Term Lender | ||||
By: Stone Tower Fund Management LLC As Its Investment Manager | ||||
By | /s/ Xxxxxxx X. XxxXxxxxx | |||
Name: Xxxxxxx X. XxxXxxxxx | ||||
Title: Authorized Signatory | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Stone Tower CLO V Ltd., | ||||
as a Tranche E Term Lender | ||||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||||
By | /s/ Xxxxxxx X. XxxXxxxxx | |||
Name: Xxxxxxx X. XxxXxxxxx | ||||
Title: Authorized Signatory | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Stone Tower CLO IV Ltd., | ||||
as a Tranche E Term Lender | ||||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||||
By | /s/ Xxxxxxx X. XxxXxxxxx | |||
Name: Xxxxxxx X. XxxXxxxxx | ||||
Title: Authorized Signatory | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Stone Tower Credit Funding I Ltd., | ||||
as a Tranche E Term Lender | ||||
By: Stone Tower Fund Management LLC As Its Collateral Manager | ||||
By | /s/ Xxxxxxx X. XxxXxxxxx | |||
Name: Xxxxxxx X. XxxXxxxxx | ||||
Title: Authorized Signatory | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Rampart CLO 2006-1 Ltd., | ||
as a Tranche D Term Lender | ||
By: Stone Tower Debt Advisors LLC As Its Collateral Manager | ||
By: | /s/ Xxxxxxx X. XxxXxxxxx | |
Name: Xxxxxxx X. XxxXxxxxx | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Liberty Island Funding 2011-1 Ltd. | ||
By | /s/ Xxxxxx X. Xxxxx | |
Name: Xxxxxx X. Xxxxx | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Christian Paragot-Rieutort | |
Name: Christian Paragot-Rieutort | ||
Title: Director | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Southfork CLO, Ltd. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Xxxxxx Xxxxx | |
Name: Xxxxxx Xxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Westchester CLO, Ltd. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Xxxxxx Xxxxx | |
Name: Xxxxxx Xxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Stratford CLO, Ltd. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Xxxxxx Xxxxx | |
Name: Xxxxxx Xxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Rockwall CDO II, Ltd. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Xxxxxx Xxxxx | |
Name: Xxxxxx Xxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Red River CLO, Ltd. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Xxxxxx Xxxxx | |
Name: Xxxxxx Xxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Loan Funding VII LLC, | ||
as a Tranche D Term Lender | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Xxxxxx Xxxxx | |
Name: Xxxxxx Xxxxx | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Loan Funding VII LLC | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Xxxxxx Xxxxx | |
Name: Xxxxxx Xxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
LOAN FUNDING IV LLC, | ||
as a Tranche D Term Lender | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Xxxxxx Xxxxx | |
Name: Xxxxxx Xxxxx | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
LOAN FUNDING IV LLC | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Xxxxxx Xxxxx | |
Name: Xxxxxx Xxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Liberty CLO, Ltd. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Xxxxxx Xxxxx | |
Name: Xxxxxx Xxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Jasper CLO Ltd. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Xxxxxx Xxxxx | |
Name: Xxxxxx Xxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Greenbriar CLO, Ltd. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Xxxxxx Xxxxx | |
Name: Xxxxxx Xxxxx | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Xxxxxxx CLO, Ltd. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Carter Chism | |
Name: Carter Chism | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Gleneagles CLO Ltd. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Carter Chism | |
Name: Carter Chism | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Eastland CLO, Ltd. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Carter Chism | |
Name: Carter Chism | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Brentwood CLO, Ltd. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Carter Chism | |
Name: Carter Chism | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Armstrong Loan Funding, LTD. | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Carter Chism | |
Name: Carter Chism | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Aberdeen Loan Funding, Ltd | ||
By: Highland Capital Management, L.P., As Collateral Manager | ||
By: Strand Advisors, Inc., Its General Partner | ||
By | /s/ Carter Chism | |
Name: Carter Chism | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Venture IX CDO, Limited, | ||||
as a Tranche D Term Lender | ||||
By: its investment advisor, MJX Asset Management LLC | ||||
By | /s/ John P. Calaba | |||
Name: John P. Calaba | ||||
Title: Managing Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Venture VIII CDO, Limited, | ||||
as a Tranche D Term Lender | ||||
By: its investment advisor, MJX Asset Management, LLC | ||||
By | /s/ John P. Calaba | |||
Name: John P. Calaba | ||||
Title: Managing Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Venture IV CDO Limited | ||
By: its investment advisor, MJX Asset Management LLC | ||
By | /s/ John P. Calaba | |
Name: John P. Calaba | ||
Title: Portfolio Manager | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Venture VI CDO Limited, | ||||
as a Tranche D Term Lender | ||||
By: its investment advisor, MJX Asset Management, LLC | ||||
By | /s/ John P. Calaba | |||
Name: John P. Calaba | ||||
Title: Managing Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Venture V CDO Limited, | ||||
as a Tranche D Term Lender | ||||
By: its investment advisor, MJX Asset Management, LLC | ||||
By | /s/ John P. Calaba | |||
Name: John P. Calaba | ||||
Title: Managing Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ILLINOIS STATE BOARD OF INVESTMENT | ||
By: McDonnell Alternative Credit Strategies, LLC, as Investment Manager | ||
By | /s/ Kathleen A. Zarn | |
Name: Kathleen A. Zarn | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
WIND RIVER CLO I LTD., | ||||
as a Tranche D Term Lender | ||||
By: McDonnell Alternative Credit Strategies, LLC, as Manager | ||||
By | /s/ Kathleen A. Zarn | |||
Name: Kathleen A. Zarn | ||||
Title: Vice President | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ING IM CLO 2011-1, Ltd. | ||
By: ING Alternative Asset Management LLC, as its portfolio manager | ||
By | /s/ Jim Essert | |
Name: Jim Essert | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Phoenix CLO I, Ltd. | ||
By: ING Alternative Asset Management LLC, as its investment manager | ||
By | /s/ Jim Essert | |
Name: Jim Essert | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Phoenix CLO III, Ltd. | ||
By: ING Alternative Asset Management LLC, as its investment manager | ||
By | /s/ Jim Essert | |
Name: Jim Essert | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Phoenix CLO II, Ltd. | ||
By: ING Alternative Asset Management LLC, as its investment manager | ||
By | /s/ Jim Essert | |
Name: Jim Essert | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ING Investment Management CLO IV, Ltd. | ||
By: ING Alternative Asset Management LLC, as its investment manager | ||
By | /s/ Jim Essert | |
Name: Jim Essert | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Fraser Sullivan CLO V Ltd., as Lender | ||
By: WCAS Fraser Sullivan Investment Management, LLC as Portfolio Manager | ||
By | /s/ David Nadeau | |
Name: David Nadeau | ||
Title: Partner | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
COA Tempus CLO Ltd, as Lender | ||
By: FS COA Management, LCC as Portfolio Manager | ||
By | /s/ David Nadeau | |
Name: David Nadeau | ||
Title: Partner | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
ISL Loan Trust, | ||||
as a Tranche E Term Lender | ||||
By: ING Investment Management Co., as its investment advisor | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
IBM Personal Pension Plan Trust, | ||||
as a Tranche E Term Lender | ||||
By: ING Investment Management Co., as its investment manager | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
ING IM CLO 2011-1, Ltd., | ||||
as a Tranche E Term Lender | ||||
By: ING Alternative Asset Management LLC, as its portfolio manager | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Phoenix CLO I, LTD., | ||||
as a Tranche E Term Lender | ||||
By: ING Alternative Asset Management LLC, as its investment manager | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Phoenix CLO III, LTD., | ||||
as a Tranche E Term Lender | ||||
By: ING Alternative Asset Management LLC, as its investment manager | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Phoenix CLO II, Ltd., | ||||
as a Tranche E Term Lender | ||||
By: ING Alternative Asset Management LLC, as its investment manager | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
ING Investment Trust Co. Plan for Employee Benefit Investment Funds – Senior Loan Fund, | ||||
as a Tranche E Term Lender | ||||
By: ING Investment Trust Co. as its trustee | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
ING (L) Flex – Senior Loans, | ||||
as a Tranche E Term Lender | ||||
By: ING Investment Management Co., as its investment manager | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
ING Investment Management CLO V, LTD., | ||||
as a Tranche E Term Lender | ||||
By: ING Alternative Asset Management LLC, as its investment manager | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
ING Investment Management CLO IV, LTD., | ||||
as a Tranche E Term Lender | ||||
By: ING Alternative Asset Management LLC, as its investment manager | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
ING Investment Management CLO III, LTD., | ||||
as a Tranche E Term Lender | ||||
By: ING Alternative Asset Management LLC, as its investment manager | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
ING Investment Management CLO II, LTD. | ||||
By: ING Alternative Asset Management LLC, as its investment manager | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
ING Investment Management CLO I, LTD. | ||||
By: ING Investment Management Co., as its investment manager | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
ING Prime Rate Trust, | ||||
as a Tranche E Term Lender | ||||
By: ING Investment Management Co., as its investment manager | ||||
By | /s/ Jim Essert | |||
Name: Jim Essert | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Prospero CLO II B.V. | ||
By: Alcentra NY, LLC, as investment advisor | ||
By | /s/ Frank Longobardi | |
Name: Frank Longobardi | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Veritas CLO II, LTD | ||
By: Alcentra NY, LLC, as investment advisor | ||
By | /s/ Frank Longobardi | |
Name: Frank Longobardi | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Veritas CLO I, LTD | ||
By: Alcentra NY, LLC, as investment advisor | ||
By | /s/ Frank Longobardi | |
Name: Frank Longobardi | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Prospero CLO I B.V. | ||
By: Alcentra NY, LLC, as investment advisor | ||
By | /s/ Frank Longobardi | |
Name: Frank Longobardi | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Westwood CDO II LTD | ||
By: Alcentra NY, LLC, as investment advisor | ||
By | /s/ Frank Longobardi | |
Name: Frank Longobardi | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Westwood CDO I LTD | ||
By: Alcentra NY, LLC, as investment advisor | ||
By | /s/ Frank Longobardi | |
Name: Frank Longobardi | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Pacifica CDO VI LTD | ||
By: Alcentra NY, LLC, as investment advisor | ||
By | /s/ Frank Longobardi | |
Name: Frank Longobardi | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Pacifica CDO IV LTD | ||
By: Alcentra NY, LLC, as investment advisor | ||
By | /s/ Frank Longobardi | |
Name: Frank Longobardi | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Pacifica CDO III LTD | ||
By: Alcentra NY, LLC, as investment advisor | ||
By | /s/ Frank Longobardi | |
Name: Frank Longobardi | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
One Wall Street CLO II LTD, |
as a Tranche D Term Lender |
By: Alcentra NY, as investment advisor |
By | /s/ Frank Longobardi | |||||
Name: Frank Longobardi | ||||||
Title: Senior Vice President | ||||||
For any Tranche D Term Lender requiring a second signature line: | ||||||
By | ||||||
Name: | ||||||
Title: | ||||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
One Wall Street CLO II LTD |
By: Alcentra NY, LLC, as investment advisor |
By | /s/ Frank Longobardi | |
Name: Frank Longobardi | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
OWS CLO I LTD |
By: Alcentra NY, LLC, as investment advisor |
By | /s/ Frank Longobardi | |
Name: Frank Longobardi | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
OHA Park Avenue CLO I, Ltd., |
as a Tranche D Term Lender |
By: Oak Hill Advisors, L.P. as Investment Manager |
By | /s/ Glenn R. August | |||||
Name: Glenn R. August | ||||||
Title: Authorized Signatory | ||||||
For any Tranche D Term Lender requiring a second signature line: | ||||||
By | ||||||
Name: | ||||||
Title: | ||||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
OHA Park Avenue CLO I, Ltd. |
By: Oak Hill Advisors, L.P., as Investment Manager |
By | /s/ Glenn R. August | |
Name: Glenn R. August | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Oak Hill Credit Partners V, Limited, |
as a Tranche D Term Lender |
By: Oak Hill Advisors, L.P. as Portfolio Manager |
By | /s/ Glenn R. August | |||||
Name: Glenn R. August | ||||||
Title: Authorized Signatory | ||||||
For any Tranche D Term Lender requiring a second signature line: | ||||||
By | ||||||
Name: | ||||||
Title: | ||||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
Oak Hill Credit Partners V Limited |
By: Oak Hill Advisors, L.P., as Portfolio Manager |
By | /s/ Glenn R. August | |
Name: Glenn R. August | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Maryland State Retirement and Pension System | ||
By | /s/ Jeffrey Smith | |
Name: Jeffrey Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
KKR FINANCIAL CLO 2007-1, LTD. | ||
By | /s/ Jeffrey Smith | |
Name: Jeffrey Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
KKR FINANCIAL CLO 2005-2, LTD. | ||
By | /s/ Jeffrey Smith | |
Name: Jeffrey Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
KKR FINANCIAL CLO 2005-1, LTD. | ||
By | /s/ Jeffrey Smith | |
Name: Jeffrey Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CCT Funding LLC | ||
By | /s/ Jeffrey Smith | |
Name: Jeffrey Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ACE Tempest Reinsurance Ltd | ||
By | /s/ Jeffrey Smith | |
Name: Jeffrey Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
KKR FLOATING RATE FUND L.P. | ||
By | /s/ Jeffrey Smith | |
Name: Jeffrey Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
Gulf Stream – Sextant CLO 2007-1, Ltd. |
By: Gulf Stream Asset Management LLC As Collateral Manager |
By | /s/ Joe Moroney | |
Name: Joe Moroney | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
Gulf Stream – Sextant CLO 2006-1, Ltd. |
By: Gulf Stream Asset Management LLC As Collateral Manager |
By | /s/ Joe Moroney | |
Name: Joe Moroney | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
Gulf Stream – Compass CLO 2007, Ltd. |
By: Gulf Stream Asset Management LLC As Collateral Manager |
By | /s/ Joe Moroney | |
Name: Joe Moroney | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
Gulf Stream – Compass CLO 2005-II, Ltd. |
By: Gulf Stream Asset Management LLC As Collateral Manager |
By | /s/ Joe Moroney | |
Name: Joe Moroney | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
Gulf Stream – Compass CLO 2005-I, Ltd. |
By: Gulf Stream Asset Management LLC As Collateral Manager |
By | /s/ Joe Moroney | |
Name: Joe Moroney | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Gulf Stream – Compass CLO 2003-1, Ltd. | ||
By: Gulf Stream Asset Management LLC As Collateral Manager | ||
By | /s/ Joe Moroney | |
Name: Joe Moroney | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Gulf Stream – Compass CLO 2002-1, Ltd. | ||
By: Gulf Stream Asset Management LLC As Collateral Manager | ||
By | /s/ Joe Moroney | |
Name: Joe Moroney | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
VALIDUS REINSURANCE LTD | ||
By: PineBridge Investments LLC Its Investment Manager | ||
By | /s/ Steven Oh | |
Name: Steven Oh | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
PineBridge Bank Loan Fund Ltd. | ||
By: PineBridge Investments LLC Its Investment Manager | ||
By | /s/ Steven Oh | |
Name: Steven Oh | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Plymouth Rock CLO Ltd. | ||
By: PineBridge Investments LLC Its Collateral Manager | ||
By | /s/ Steven Oh | |
Name: Steven Oh | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Saturn CLO, Ltd. | ||
By: PineBridge Investments LLC Its Collateral Manager | ||
By | /s/ Steven Oh | |
Name: Steven Oh | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Galaxy X CLO, LTD | ||
By: PineBridge Investments LLC Its Collateral Manager | ||
By | /s/ Steven Oh | |
Name: Steven Oh | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Galaxy VIII CLO, LTD | ||
By: PineBridge Investments LLC Its Collateral Manager | ||
By | /s/ Steven Oh | |
Name: Steven Oh | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Galaxy VII CLO, LTD | ||
By: PineBridge Investments LLC Its Collateral Manager | ||
By | /s/ Steven Oh | |
Name: Steven Oh | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Galaxy VI CLO, LTD | ||
By: PineBridge Investments LLC Its Collateral Manager | ||
By | /s/ Steven Oh | |
Name: Steven Oh | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Galaxy V CLO, LTD | ||
By: PineBridge Investments LLC Its Collateral Manager | ||
By | /s/ Steven Oh | |
Name: Steven Oh | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Galaxy IV CLO, LTD | ||
By: PineBridge Investments LLC Its Collateral Manager | ||
By | /s/ Steven Oh | |
Name: Steven Oh | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Galaxy III CLO, LTD | ||
By: PineBridge Investments LLC Its Collateral Manager | ||
By | /s/ Steven Oh | |
Name: Steven Oh | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Galaxy CLO 2003-I, LTD | ||
By: PineBridge Investments LLC Its Collateral Manager | ||
By | /s/ Steven Oh | |
Name: Steven Oh | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Carlyle Veyron CLO, Ltd. | ||
By | /s/ Linda Pace | |
Name: Linda Pace | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Carlyle Vantage CLO, Ltd. | ||
By | /s/ Linda Pace | |
Name: Linda Pace | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Mountain Capital CLO VI Ltd. | ||
By | /s/ Linda Pace | |
Name: Linda Pace | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Mountain Capital CLO V Ltd. | ||
By | /s/ Linda Pace | |
Name: Linda Pace | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Mountain Capital CLO IV Ltd. | ||
By | /s/ Linda Pace | |
Name: Linda Pace | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Mountain Capital CLO III Ltd. | ||
By | /s/ Linda Pace | |
Name: Linda Pace | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Foothill CLO I, Ltd | ||
By | /s/ Linda Pace | |
Name: Linda Pace | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Carlyle High Yield Partners VII, Ltd | ||
By | /s/ Linda Pace | |
Name: Linda Pace | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Carlyle Bristol CLO, Ltd. | ||
By | /s/ Linda Pace | |
Name: Linda Pace | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Carlyle Azure CLO, Ltd. | ||
By | /s/ Linda Pace | |
Name: Linda Pace | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
ACE Tempest Reinsurance Ltd., | ||||
as a Tranche D Term Lender | ||||
By: Oaktree Capital Management, L.P. Its: Investment Manager | ||||
By | /s/ Francie Nelson | |||
Name: Francie Nelson | ||||
Title: Managing Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | /s/ Desmund Shirazi | |||
Name: Desmund Shirazi | ||||
Title: Managing Director | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
The Public School Retirement System of Missouri, | ||||
as a Tranche D Term Lender | ||||
By: Oaktree Capital Management, L.P. Its: Investment Manager | ||||
By | /s/ Francie Nelson | |||
Name: Francie Nelson | ||||
Title: Managing Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | /s/ Desmund Shirazi | |||
Name: Desmund Shirazi | ||||
Title: Managing Director | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
The Public Education Employees Retirement System of Missouri, | ||||
as a Tranche D Term Lender | ||||
By: Oaktree Capital Management, L.P. Its: Investment Manager | ||||
By | /s/ Francie Nelson | |||
Name: Francie Nelson | ||||
Title: Managing Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | /s/ Desmund Shirazi | |||
Name: Desmund Shirazi | ||||
Title: Managing Director | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Oaktree Senior Loan Fund, L.P., | ||||
as a Tranche D Term Lender | ||||
By: Oaktree Senior Loan Fund GP, L.P. Its: General Partner | ||||
By: Oaktree Fund GP IIA, LLC Its: General Partner | ||||
By: Oaktree Fund GP II, L.P. Its Managing Member | ||||
By | /s/ Francie Nelson | |||
Name: Francie Nelson | ||||
Title: Managing Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | /s/ Desmund Shirazi | |||
Name: Desmund Shirazi | ||||
Title: Managing Director | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Kingsland V Ltd. | ||
By: Kingsland Capital Management, LLC, as Manager | ||
By | /s/ Scott Lotter | |
Name: Scott Lotter | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Kingsland IV Ltd. | ||
By: Kingsland Capital Management, LLC, as Manager | ||
By | /s/ Scott Lotter | |
Name: Scott Lotter | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Kingsland III, Ltd. | ||
By: Kingsland Capital Management, LLC, as Manager | ||
By | /s/ Scott Lotter | |
Name: Scott Lotter | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Kingsland II, Ltd. | ||
By: Kingsland Capital Management, LLC, as Manager | ||
By | /s/ Scott Lotter | |
Name: Scott Lotter | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Kingsland I, Ltd. | ||
By: Kingsland Capital Management, LLC, as Manager | ||
By | /s/ Scott Lotter | |
Name: Scott Lotter | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
LATITUDE CLO III, LTD | ||
By | /s/ Kirk Wallace | |
Name: Kirk Wallace | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
LATITUDE CLO II, LTD | ||
By | /s/ Kirk Wallace | |
Name: Kirk Wallace | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
LATITUDE CLO I, LTD | ||
By | /s/ Kirk Wallace | |
Name: Kirk Wallace | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
Mizuho Corporate Bank, Ltd, | ||
as a Revolving Credit Lender | ||
By: | /s/ James R. Fayen | |
Name: James R. Fayen | ||
Title: Deputy General Manager | ||
For any Revolving Credit Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
AIMCO CLO, SERIES 2005-A, | ||
as a Tranche E Term Lender | ||
By | /s/ Chris Goergen | |
Name: Chris Goergen | ||
Title: Authorized Signatory | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | /s/ Michael T. Moran | |
Name: Michael T. Moran | ||
Title: Authorized Signatory | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
AIMCO CLO, SERIES 2006-A, | ||
as a Tranche E Term Lender | ||
By | /s/ Chris Goergen | |
Name: Chris Goergen | ||
Title: Authorized Signatory | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | /s/ Michael T. Moran | |
Name: Michael T. Moran | ||
Title: Authorized Signatory | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
AIMCO CLO, SERIES 2005-A | ||
By | /s/ Chris Goergen | |
Name: Chris Goergen | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Jerry D. Zinkula | |
Name: Jerry D. Zinkula | ||
Title: Authorized Signatory | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Cortina Funding | ||
By | /s/ Richard Taylor | |
Name: Richard Taylor | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Westbrook CLO, Ltd. | ||
By: Shenkman Capital Management, Inc., as Investment Manager | ||
By | /s/ Richard H. Weinstein | |
Name: Richard H. Weinstein | ||
Title: Chief Operating Officer | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Credos Floating Rate Fund, L.P. | ||
By: Shenkman Capital Management, Inc., its General Partner | ||
By | /s/ Richard H. Weinstein | |
Name: Richard H. Weinstein | ||
Title: Chief Operating Officer | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Credos Floating Rate Fund, L.P. | ||||
as a Tranche D Term Lender | ||||
By: Shenkman Capital Management, Inc., its General Partner | ||||
By | /s/ Richard H. Weinstein | |||
Name: Richard H. Weinstein | ||||
Title: Chief Operating Officer | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Primus High Yield Bond Fund, L.P. | ||||
as a Tranche D Term Lender | ||||
By: Shenkman Capital Management, Inc., its General Partner | ||||
By | /s/ Richard H. Weinstein | |||
Name: Richard H. Weinstein | ||||
Title: Chief Operating Officer | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Harbor High Yield Bond Fund, L.P. | ||||
as a Tranche D Term Lender | ||||
By: Shenkman Capital Management, Inc., as Sub Advisor | ||||
By | /s/ Richard H. Weinstein | |||
Name: Richard H. Weinstein | ||||
Title: Chief Operating Officer | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Trustmark Insurance Company | ||||
as a Tranche D Term Lender | ||||
By: Shenkman Capital Management, Inc., as Investment Advisor | ||||
By | /s/ Richard H. Weinstein | |||
Name: Richard H. Weinstein | ||||
Title: Chief Operating Officer | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Texas PrePaid Higher Education Tuition Board | ||||
as a Tranche D Term Lender | ||||
By: Shenkman Capital Management, Inc., as Investment Advisor | ||||
By | /s/ Richard H. Weinstein | |||
Name: Richard H. Weinstein | ||||
Title: Chief Operating Officer | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Highmark, Inc. | ||||
(Shenkman – BANK LOAN ACCOUNT) | ||||
as a Tranche D Term Lender | ||||
By: Shenkman Capital Management, Inc., as Investment Manager | ||||
By | /s/ Richard H. Weinstein | |||
Name: Richard H. Weinstein | ||||
Title: Chief Operating Officer | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
BSA Retirement Plan for Employees | ||||
as a Tranche D Term Lender | ||||
By: Shenkman Capital Management, Inc., as Investment Manager | ||||
By | /s/ Richard H. Weinstein | |||
Name: Richard H. Weinstein | ||||
Title: Chief Operating Officer | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
WM Pool – Fixed Interest Trust No. 7 | ||||
as a Tranche D Term Lender | ||||
By: Shenkman Capital Management, Inc., as Investment Manager | ||||
By | /s/ Richard H. Weinstein | |||
Name: Richard H. Weinstein | ||||
Title: Chief Operating Officer | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
BSA Commingled Endowment Fund, LP | ||||
as a Tranche D Term Lender | ||||
By: Shenkman Capital Management, Inc., as Investment Manager | ||||
By | /s/ Richard H. Weinstein | |||
Name: Richard H. Weinstein | ||||
Title: Chief Operating Officer | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Teachers’ Retirement System of Louisiana | ||||
(Shenkman – BANK LOAN ACCOUNT) as a Tranche D Term Lender | ||||
By: Shenkman Capital Management, Inc., as Investment Manager | ||||
By | /s/ Richard H. Weinstein | |||
Name: Richard H. Weinstein | ||||
Title: Chief Operating Officer | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
ALZETTE EUROPEAN CLO S.A. | ||||
By: INVESCO Senior Secured Management, Inc. As Collateral Manager | ||||
By | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ATLANTIS FUNDING LTD. | ||
By: INVESCO Senior Secured Management, Inc. As Collateral Manager | ||
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
AVALON CAPITAL LTD. 3 | ||
By: INVESCO Senior Secured Management, Inc. As Asset Manager | ||
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CELTS CLO 2007-1 LTD | ||
By: INVESCO Senior Secured Management, Inc. As Portfolio Manager | ||
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CHAMPLAIN CLO, LTD. | ||
By: INVESCO Senior Secured Management, Inc. As Collateral Manager | ||
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Confluent 3 Limited. | ||
By: Invesco Senior Secured Management, Inc. As Investment Manager | ||
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
DIVERSIFIED CREDIT PORTFOLIO LTD. | ||
By: INVESCO Senior Secured Management, Inc. As Investment Manager | ||
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
PowerShares Senior Loan Portfolio. | ||
By: Invesco Senior Secured Management, Inc. As Collateral Manager | ||
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
KATONAH V, LTD. |
By: INVESCO Senior Secured Management, Inc. As Investment Manager |
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
Medical Liability Mutual Insurance Company |
By: Invesco Advisers, Inc. as Investment Manager |
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
MOSELLE CLO S.A. |
By: INVESCO Senior Secured Management, Inc. As Collateral Manager |
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
MSIM Peconic Bay, Ltd. |
By: Invesco Senior Secured Management, Inc. As Collateral Manager |
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
PETRUSSE EUROPEAN CLO S.A. |
By: INVESCO Senior Secured Management, Inc. As Collateral Manager |
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
SAGAMORE CLO LTD. |
By: INVESCO Senior Secured Management, Inc. As Collateral Manager |
By | /s/ Thomas Ewald | |
Name: Thomas Ewald | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
MIHI LLC, | ||
as a Revolving Credit Lender | ||
By: | /s/ Andrew Stock | |
Name: Andrew Stock | ||
Title: Authorized Signatory | ||
For any Revolving Credit Lender requiring a second signature line: | ||
By: | /s/ Katherine Mogg | |
Name: Katherine Mogg | ||
Title: Authorized Signatory | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
GSC Investment Corp CLO 2007 |
By: INVESCO Senior Secured Management, Inc. As Collateral Manager |
By | /s/ Tom Inglesby | |
Name: Tom Inglesby | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
SANDELMAN FINANCE 2006-2, LTD. |
By: Mercer Park, LP As Collateral Manager |
By | /s/ Andrew Curtis | |
Name: Andrew Curtis | ||
Title: PM | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
CAVALRY CLO I, Ltd. |
By: Regiment Capital Management, LLC, its Investment Adviser |
By | /s/ William J. Heffron | |
Name: William J. Heffron | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
Principal Life Insurance Company On Behalf of One or More Separate Accounts (Principal Life Insurance Company, DBA Bond & Mortgage Separate Account) |
By: Principal Global Investors, LLC |
A Delaware limited liability company, its authorized signatory |
By | /s/ Justin T. Lange | |
Name: Justin T. Lange | ||
Title: Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ James C. Fifield | |
Name: James C. Fifield | ||
Title: Assistant General Counsel | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
Principle Funds, Inc. – Bond & Mortgage Securities Fund |
By: Principle Global Investors, LLC a Delaware limited liability company, its authorized signatory |
By | /s/ Justin T. Lange | |
Name: Justin T. Lange | ||
Title: Counsel | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ James C. Fifield | |
Name: James C. Fifield | ||
Title: Assistant General Counsel | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ALTENBERG FUNDING | ||
By | /s/ Richard Taylor | |
Name: Richard Taylor | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
The Hartford Mutual Funds, Inc. on behalf of The Hartford Floating Rate Fund |
By Hartford Investment Management Company, Its Sub-advisor |
By | /s/ Francesco Ossino | |
Name: Francesco Ossino | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
CALLIDUS DEBT PARTNERS CLO FUND IV, LTD. |
By: GSO/BLACKSTONE DEBT FUNDS MANAGEMENT LLC AS COLLATERAL MANAGER |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
CALLIDUS DEBT PARTNERS CLO FUND V, LTD. |
By: GSO/BLACKSTONE DEBT FUNDS MANAGEMENT LLC AS COLLATERAL MANAGER |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
CALLIDUS DEBT PARTNERS CLO FUND VI, LTD. |
By: GSO/BLACKSTONE DEBT FUNDS MANAGEMENT LLC AS COLLATERAL MANAGER |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
CALLIDUS DEBT PARTNERS CLO FUND VII, LTD. |
By: GSO/BLACKSTONE DEBT FUNDS MANAGEMENT LLC AS COLLATERAL MANAGER |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
ESSEX PARK CDO LTD. |
By: Blackstone Debt Advisors L.P. as Collateral Manager |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
FM LEVERAGED CAPITAL FUND II |
By: GSO/BLACKSTONE DEBT FUNDS MANAGEMENT LLC as Subadviser to FriedbergMilstein LLC |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
GALE FORCE 1 CLO, LTD. |
By: GSO/BLACKSTONE DEBT FUNDS MANAGEMENT LLC AS COLLATERAL MANAGER |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
GALE FORCE 2 CLO, LTD. |
By: GSO/BLACKSTONE DEBT FUNDS MANAGEMENT LLC AS COLLATERAL MANAGER |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
GALE FORCE 3 CLO, LTD. |
By: GSO/BLACKSTONE DEBT FUNDS MANAGEMENT LLC AS COLLATERAL MANAGER |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
GALE FORCE 4 CLO, LTD. |
By: GSO/BLACKSTONE DEBT FUNDS MANAGEMENT LLC AS COLLATERAL MANAGER |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
HUDSON STRAITS CLO 2004, LTD. |
By: GSO/BLACKSTONE DEBT FUNDS MANAGEMENT LLC AS COLLATERAL MANAGER |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
INWOOD PARK CDO LTD. |
By: Blackstone Debt Advisors L.P. as Collateral Manager |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
LAFAYETTE SQUARE CDO LTD. |
By: Blackstone Debt Advisors L.P. as Collateral Manager |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
MAPS CLO FUND I, LLC |
By: GSO/Blackstone Debt Funds Management LLC as Collateral Manager |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
MAPS CLO FUND II, LLC |
By: GSO/Blackstone Debt Funds Management LLC as Collateral Manager |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
PROSPECT PARK CDO LTD. |
By: Blackstone Debt Advisors L.P. as Collateral Manager |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ST. JAMES’S PARK CDO B.V., as a Lender | ||
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ýThe undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: |
UNITED HEALTHCARE INSURANCE COMPANY |
By: GSO Capital Advisors LLC as Manager |
By | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
GALE FORCE 2 CLO, LTD., |
as a Tranche D Term Lender |
By: GSO/BLACKSTONE Debt Funds Management LLC as Collateral Manager |
By: | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
GALE FORCE 4 CLO, LTD., |
as a Tranche D Term Lender |
By: GSO/BLACKSTONE Debt Funds Management LLC as Collateral Manager |
By: | /s/ Daniel H. Smith | |
Name: Daniel H. Smith | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
BLACKSTONE SPECIAL FUNDING (IRELAND), |
as a Tranche D Term Lender |
By: GSO Capital Partners LP, as Manager |
By: | /s/ Marisa Beeney | |
Name: Marisa Beeney | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
280 Funding I, |
as a Tranche D Term Lender |
By: GSO Capital Partners LP, as Portfolio Manager |
By: | /s/ Marisa Beeney | |
Name: Marisa Beeney | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
UBS Loan Finance LLC, | ||
as a Restatement Revolving Credit Lender | ||
By: | /s/ Mary E. Evans | |
Name: Mary E. Evans | ||
Title: Associate Director | ||
For any Restatement Revolving Credit Lender requiring a second signature line: | ||
By | /s/ Joselin Fernandes | |
Name: Joselin Fernandes | ||
Title: Associate Director | ||
Restatement Revolving Credit Commitment: | ||
Notice Address: | 677 Washington Blvd. Stamford, CT 06901 | |
Attention: | Jitesh Hotwani | |
Telephone: | 203-719-3000 | |
Facsimile: | 203-719-3888 | |
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
ATRIUM V, | ||
MADISON PARK FUNDING II, LTD. | ||
MADISON PARK FUNDING III, LTD. | ||
MADISON PARK FUNDING IV, LTD. | ||
MADISON PARK FUNDING V, LTD. | ||
as a Tranche D Term Lender | ||
By: Credit Suisse Asset Management, LLC, as collateral manager | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
AUSTRALIANSUPER | ||
as a Tranche D Term Lender | ||
By: Credit Suisse Asset Management, LLC, as sub-advisor to Bentham Asset Management Pty Ltd. in its capacity as agent of and investment manager for AustralianSuper Pty Ltd. in its capacity as trustee of AustralianSuper | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
Fifth Amendment and Restatement to Credit Agreement
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
MADISON PARK FUNDING I, LTD. | ||
CASTLE GARDEN FUNDING | ||
as a Tranche D Term Lender | ||
By: Credit Suisse Asset Management, LLC, as collateral manager | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
BENTHAM WHOLESALE SYNDICATED LOAN FUND | ||
as a Tranche D Term Lender | ||
By: Credit Suisse Asset Management, LLC, as agent (sub-advisor) for Challenger Investment Services Limited, the Responsible Entity for Bentham Wholesale Syndicated Loan Fund | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ATRIUM II | ||
CSAM FUNDING I | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ATRIUM III | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ATRIUM V | ||
By: Credit Suisse Asset Management, LLC, as collateral manager | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CALIFORNIA STATE TEACHER’S | ||
RETIREMENT SYSTEM | ||
By: Credit Suisse Asset Management, LLC, as investment manager | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CREDIT SUISSE NOVA (LUX) | ||
By: Credit Suisse Asset Management, LLC, or Credit Suisse Asset Management Limited, each as Co-Investment Adviser to Credit Suisse Fund Management S.A., management company for Credit Suisse Nova (Lux) | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CSAM FUNDING IV | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CREDIT SUISSE FLOATING RATE HIGH INCOME FUND | ||
By: Credit Suisse Asset Management, LLC, as investment advisor | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
MADISON PARK FUNDING I, LTD. | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
MADISON PARK FUNDING III, LTD. | ||
By: Credit Suisse Asset Management, LLC, as collateral manager | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
QUALCOMM GLOBAL TRADING, INC. | ||
By: Credit Suisse Asset Management, LLC, as investment manager | ||
By: | /s/ Thomas Flannery | |
Name: Thomas Flannery | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
CASTLE GARDEN FUNDING, | ||||
as a Revolving Credit Lender | ||||
By: | /s/ Thomas Flannery | |||
Name: Thomas Flannery | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
MADISON PARK FUNDING III, LTD. | ||||
MADISON PARK FUNDING VI, XXX. xx a Revolving Credit Lender | ||||
By: Credit Suisse Asset Management, LLC, as collateral manager | ||||
By: | /s/ Thomas Flannery | |||
Name: Thomas Flannery | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
GOLDMAN SACHS BANK USA, | ||
as a Restatement Revolving Credit Lender | ||
By: | /s/ Mark Walton | |
Name: Mark Walton | ||
Title: Authorized Signatory | ||
For any Restatement Revolving Credit Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Restatement Revolving Credit Commitment:
Notice Address: | Goldman Sachs & Co. 30 Hudson Street, 38th Floor Jersey City, NJ 07302 Rick Canonico | |
Attention: | ||
Telephone: | ||
Facsimile: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Trimaran CLO IV Ltd., | ||||
as a Tranche D Term Lender | ||||
By: Trimaran Advisors, L.L.C. | ||||
By: | /s/ Dominick J. Mazzitelli | |||
Name: Dominick J. Mazzitelli | ||||
Title: Vice President | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Trimaran CLO IV Ltd. | ||
By: Trimaran Advisors, L.L.C. | ||
By: | /s/ Dominick J. Mazzitelli | |
Name: Dominick J. Mazzitelli | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Trimaran CLO V Ltd., | ||||
as a Tranche D Term Lender | ||||
By: Trimaran Advisors, L.L.C. | ||||
By: | /s/ Dominick J. Mazzitelli | |||
Name: Dominick J. Mazzitelli | ||||
Title: Vice President | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Trimaran CLO V Ltd. | ||
By: Trimaran Advisors, L.L.C. | ||
By: | /s/ Dominick J. Mazzitelli | |
Name: Dominick J. Mazzitelli | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Trimaran CLO VI Ltd., | ||||
as a Tranche D Term Lender | ||||
By: Trimaran Advisors, L.L.C. | ||||
By: | /s/ Dominick J. Mazzitelli | |||
Name: Dominick J. Mazzitelli | ||||
Title: Vice President | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Trimaran CLO VI Ltd. | ||
By: Trimaran Advisors, L.L.C. | ||
By: | /s/ Dominick J. Mazzitelli | |
Name: Dominick J. Mazzitelli | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Trimaran CLO VII Ltd., | ||||
as a Tranche D Term Lender | ||||
By: Trimaran Advisors, L.L.C. | ||||
By: | /s/ Dominick J. Mazzitelli | |||
Name: Dominick J. Mazzitelli | ||||
Title: Vice President | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Trimaran CLO VII Ltd. | ||
By: Trimaran Advisors, L.L.C. | ||
By: | /s/ Dominick J. Mazzitelli | |
Name: Dominick J. Mazzitelli | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
LMP Corporate Loan Fund, Inc. | ||||
as a Tranche D Term Lender | ||||
By: Citi Alternative Investments LLC | ||||
By: | /s/ Melanie Hanlon | |||
Name: Melanie Hanlon | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
CCA EAGLE LOAN MASTER FUND LTD. | ||||
as a Tranche D Term Lender | ||||
By: Citigroup Alternative Investments LLC, as Investment manager for and on behalf of CCA EAGLE LOAN MASTER FUND LTD. | ||||
By: | /s/ Melanie Hanlon | |||
Name: Melanie Hanlon | ||||
Title: Director | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
DUANE STREET CLO I, LTD. | ||
By: Citigroup Alternative Investments LLC, As Collateral Manager | ||
By: | /s/ Melanie Hanlon | |
Name: Melanie Hanlon | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
DUANE STREET CLO II, LTD. | ||
By: Citigroup Alternative Investments LLC, As Collateral Manager | ||
By: | /s/ Melanie Hanlon | |
Name: Melanie Hanlon | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
DUANE STREET CLO III, LTD. | ||
By: Citigroup Alternative Investments LLC, As Collateral Manager | ||
By: | /s/ Melanie Hanlon | |
Name: Melanie Hanlon | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Fortress Credit Investments I LTD. | ||
By: | /s/ Glenn P. Cummins | |
Name: Glenn P. Cummins | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Fortress Credit Investments II LTD. | ||
By: | /s/ Glenn P. Cummins | |
Name: Glenn P. Cummins | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CIFC Funding 2006-I, Ltd. | ||
CIFC Funding 2006-II, Ltd. | ||
CIFC Funding 2007-I, Ltd. | ||
By: CIFC Asset Management LLC, its Collateral Manager | ||
ColumbusNova CLO Ltd. 2006-II | ||
ColumbusNova CLO Ltd. 2007-I | ||
ColumbusNova CLO IV Ltd. 2007-II | ||
By: Columbus nova Credit Investments Management, LLC, its Collateral Manager | ||
Bridgeport CLO Ltd. | ||
Burr Ridge CLO Plus Ltd. | ||
Bridgeport CLO II Ltd. | ||
By: Deerfield Capital Management LLC, its Collateral Manager | ||
By: | /s/ Stephen J. Vaccaro | |
Name: Stephen J. Vaccaro | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ColumbusNova CLO Ltd. 2006-I | ||
By: Columbus nova Credit Investments Management, LLC, its Collateral Manager | ||
Cumberland II CLO Ltd. | ||
Marquette Park CLO Ltd. | ||
By: Deerfield Capital Management LLC, its Collateral Manager | ||
By: | /s/ Stephen J. Vaccaro | |
Name: Stephen J. Vaccaro | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Cumberland II CLO Ltd., | ||
as a Tranche D Term Lender | ||
By: Deerfield Capital Management LLC, its Collateral Manager | ||
Bridgeport CLO Ltd., as a Tranche D Term Lender | ||
By: Deerfield Capital Management LLC, its Collateral Manager | ||
Schiller Park CLO Ltd., as a Tranche D Term Lender | ||
By: Deerfield Capital Management LLC, its Collateral Manager | ||
Burr Ridge CLO Ltd., as a Tranche D Term Lender | ||
By: Deerfield Capital Management LLC, its Collateral Manager | ||
Burr Ridge CLO Plus Ltd., as a Tranche D Term Lender | ||
By: Deerfield Capital Management LLC, its Collateral Manager | ||
Bridgeport CLO II Ltd., as a Tranche D Term Lender | ||
By: Deerfield Capital Management LLC, its Collateral Manager | ||
ColumbusNova CLO Ltd. 2006-II, as a Tranche D Term Lender | ||
By: Columbus Nova Credit Investments Management, LLC, its Collateral Manager | ||
By: | /s/ Stephen J. Vaccaro | |
Name: Stephen J. Vaccaro | ||
Title: Authorized Signatory | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Citibank, N.A. | ||
By: | /s/ Scott R. Evan | |
Name: Scott R. Evan | ||
Title: Attorney-in-Fact | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
JERSEY STREET CLO, LTD. | ||
By its Collateral Manager, Massachusetts Financial Services Company | ||
By: | /s/ Authorized Signatory | |
Name: | ||
Title: Authorized representative and not individually | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
JERSEY STREET CLO, LTD. | ||||
as a Tranche D Term Lender | ||||
By its Collateral Manager, Massachusetts Financial Services Company | ||||
By: | /s/ Authorized Signatory | |||
Name: | ||||
Title: Authorized representative and not individually | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
MARLBOROUGH STREET CLO, LTD. | ||
By its Collateral Manager, Massachusetts Financial Services Company | ||
By: | /s/ Authorized Signatory | |
Name: | ||
Title: Authorized representative and not individually | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
MARLBOROUGH STREET CLO, LTD. | ||||
as a Tranche D Term Lender | ||||
By its Collateral Manager, Massachusetts Financial Services Company | ||||
By: | /s/ Authorized Signatory | |||
Name: | ||||
Title: Authorized representative and not individually | ||||
For any Tranche D Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CELEBRITY CLO LTD. | ||
By: TCW-WLA JV Venture LLC, its sub-advisor | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
FIRST 2004-I CLO, LTD. | ||
By: TCW-WLA JV Venture LLC, its sub-advisor | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
FIRST 2004-II CLO, LTD. | ||
By: TCW-WLA JV Venture LLC, its sub-advisor | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
FIRST 2004-II CLO, LTD. | ||
as a Tranche D Term Lender | ||
By: TCW-WLA JV Venture LLC, its sub-advisor | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
MOMENTUM CAPITAL FUND, LTD. | ||
By: TCW-WLA JV Venture LLC, its sub-adviser | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
MOMENTUM CAPITAL FUND, LTD., | ||
as a Tranche E Term Lender | ||
By: TCW-WLA JV Venture LLC, its sub-advisor | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
VITESSE CLO LTD. | ||
By: TCW-WLA JV Venture LLC, its sub-advisor | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
VITESSE CLO LTD., | ||
as a Tranche E Term Lender | ||
By: TCW-WLA JV Venture LLC, its sub-advisor | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Tranche E Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
ILLINOIS STATE BOARD OF INVESTMENT | ||
as a Tranche D Term Lender | ||
By: Crescent Capital Group LP, its sub-adviser | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
MAC CAPITAL, LTD. | ||
as a Tranche D Term Lender | ||
By: TCW-WLA JV Venture LLC, its sub-advisor | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
RGA REINSURANCE COMPANY | ||
as a Tranche D Term Lender | ||
By: Crescent Capital Group LP, its sub-advisor | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
TCW SENIOR SECURED LOAN FUND, LP | ||
as a Tranche D Term Lender | ||
By: Crescent Capital Group LP, its sub-advisor | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
WEST BEND MUTUAL INSURANCE COMPANY | ||
as a Tranche D Term Lender | ||
By: Crescent Capital Group LP, its sub-advisor | ||
By | /s/ Jonathan R. Insull | |
Name: Jonathan R. Insull | ||
Title: Managing Director | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Gil Tollinchi | |
Name: Gil Tollinchi | ||
Title: Senior Vice President | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ROSEDALE CLO, LTD. | ||
By: Princeton Advisory Group, Inc. the Collateral Manager | ||
By | /s/ Ashish Sood | |
Name: Ashish Sood | ||
Title: Senior Analyst | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
FRANKLIN TEMPLETON SERIES II FUNDS – FRANKLIN FLOATING RATE II FUND, | ||||
as a Tranche E Term Lender | ||||
By | /s/ Richard Hsu | |||
Name: Richard Hsu | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
FRANKLIN FLOATING RATE MASTER SERIES, | ||||
as a Tranche E Term Lender | ||||
By | /s/ Richard Hsu | |||
Name: Richard Hsu | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
FRANKLIN TEMPLETON LIMITED DURATION INCOME TRUST, | ||||
as a Tranche E Term Lender | ||||
By | /s/ Richard Hsu | |||
Name: Richard Hsu | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
FRANKLIN INVESTORS SECURITIES TRUST – FRANKLIN FLOATING RATE DAILY ACCESS FUND, | ||||
as a Tranche E Term Lender | ||||
By | /s/ Richard Hsu | |||
Name: Richard Hsu | ||||
Title: Vice President | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
BLUE SHIELD OF CALIFORNIA | ||
By: | /s/ Guang Alex Yu | |
Name: Guang Alex Yu | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
FRANKLIN TEMPLETON SERIES II FUNDS – FRANKLIN FLOATING RATE II FUND | ||||
By | /s/ Richard Hsu | |||
Name: Richard Hsu | ||||
Title: Vice President | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
FRANKLIN FLOATING RATE MASTER SERIES | ||||
By | /s/ Richard Hsu | |||
Name: Richard Hsu | ||||
Title: Vice President | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
FRANKLIN TEMPLETON LIMITED DURATION INCOME TRUST | ||||
By | /s/ Richard Hsu | |||
Name: Richard Hsu | ||||
Title: Vice President | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
FRANKLIN INVESTORS SECURITIES TRUST - FRANKLIN FLOATING RATE DAILY ACCESS FUND | ||||
By | /s/ Richard Hsu | |||
Name: Richard Hsu | ||||
Title: Vice President | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
COMSTOCK FUNDING LTD. | ||||
By: Silvermine Capital Management LLC As Collateral Manager | ||||
By | /s/ Pallo Blum-Tucker | |||
Name: Pallo Blum Tucker | ||||
Title: Analyst | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||||
Harch CLO II, Limited | ||||
By | /s/ Joseph Harch | |||
Name: Joseph Harsh | ||||
Title: Authorized Signatory | ||||
For any Initial Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
AMMC CLO III, LIMITED | ||
By: American Money Management Corp., as Collateral Manager | ||
By: | /s/ Chester M. Eng | |
Name: Chester M. Eng | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
AMMC CLO IV, LIMITED | ||
By: American Money Management Corp., as Collateral Manager | ||
By: | /s/ Chester M. Eng | |
Name: Chester M. Eng | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
AMMC CLO V, LIMITED | ||
By: American Money Management Corp., as Collateral Manager | ||
By: | /s/ Chester M. Eng | |
Name: Chester M. Eng | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
AMMC CLO VI, LIMITED | ||
By: American Money Management Corp., as Collateral Manager | ||
By: | /s/ Chester M. Eng | |
Name: Chester M. Eng | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
AMMC VII, LIMITED | ||
By: American Money Management Corp., as Collateral Manager | ||
By: | /s/ Chester M. Eng | |
Name: Chester M. Eng | ||
Title: Senior Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
AMMC CLO IV, LIMITED | ||
as a Tranche D Term Lender | ||
By: American Money Management Corp., as Collateral Manager | ||
By | /s/ Chester M. Eng | |
Name: Chester M. Eng | ||
Title: Senior Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Authorized Signatory | |
Name: | ||
Title: Authorized Signatory | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
AMMC CLO VI, LIMITED | ||
as a Tranche D Term Lender | ||
By: American Money Management Corp., as Collateral Manager | ||
By | /s/ Chester M. Eng | |
Name: Chester M. Eng | ||
Title: Senior Vice President | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | /s/ Authorized Signatory | |
Name: | ||
Title: Authorized Signatory | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who would like to consent to the Agreement and the Restated Credit Agreement
I confirm that I hereby irrevocably and unconditionally approve the Agreement and the Restated Credit Agreement.
Thrivent Financial for Lutherans | ||
as a Tranche D Term Lender | ||
By | /s/ Paul Ocenasek | |
Name: Paul Ocenasek | ||
Title: Sr. Portfolio Manager, High Yield | ||
For any Tranche D Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Grand Horn CLO Ltd. | ||
By: Seix Investment Advisors LLC, as Collateral Manager | ||
As Lenders | ||
By: | /s/ George Goudelias | |
Name: George Goudelias | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Mountain View Funding CLO 2006-I, Ltd. | ||
By: Seix Investment Advisors LLC, as Collateral Manager | ||
As Lenders | ||
By: | /s/ George Goudelias | |
Name: George Goudelias | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Mountain View CLO III Ltd. | ||
By: Seix Investment Advisors LLC, as Collateral Manager | ||
As Lenders | ||
By: | /s/ George Goudelias | |
Name: George Goudelias | ||
Title: Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Columbia Floating Rate Fund, a series of | ||
Columbia Funds Series Trust II | ||
By: | /s/ Robin C. Stancil | |
Name: Robin C. Stancil | ||
Title: Assistant Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
CANARAS SUMMIT CLO LTD | ||
By: Canaras Capital Management LLC As Sub-Investment Adviser | ||
By: | /s/ Benjamin S. Steger, CFA | |
Name: Benjamin S. Steger, CFA | ||
Title: Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Revolving Credit Lenders whose commitments have been terminated
Wells Fargo Principal Lending, LLC, | ||||
as a Revolving Credit Lender | ||||
By: | /s/ Sanjay Roy | |||
Name: Sanjay Roy | ||||
Title: Director | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
The Foothill Group, Inc. | ||
By: | /s/ Sanjay Roy | |
Name: Sanjay Roy | ||
Title: Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Stedman Loan Fund II Subsidiary | ||
Holding Company II LLC | ||
By: | /s/ Adam Kaiser | |
Name: Adam Kaiser | ||
Title: Assistant Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Yorkville CBNA Loan Funding LLC | ||
By: | /s/ Malia Baynes | |
Name: Malia Baynes | ||
Title: Attorney-in-Fact | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Victoria Court CBNA Loan Funding LLC | ||
By: | /s/ Malia Baynes | |
Name: Malia Baynes | ||
Title: Attorney-in-Fact | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Malibu CBNA Loan Funding LLC, | ||||
as a Tranche E Term Lender | ||||
By: | /s/ Malia Baynes | |||
Name: Malia Baynes | ||||
Title: Attorney-in-Fact | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Malibu CBNA Loan Funding LLC | ||
By: | /s/ Malia Baynes | |
Name: Malia Baynes | ||
Title: Attorney-in-Fact | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Four Corners CLO II, Ltd. | ||
By: | /s/ Matthew Garvis | |
Name: Matthew Garvis | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Bushnell Loan Fund II Subsidiary | ||
Holding Company II LLC | ||
By: | /s/ Adam Kaiser | |
Name: Adam Kaiser | ||
Title: Assistant Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
GSC Partners CDO Fund VI, Limited | ||
By: GSC Acquisition Holdings, L.L.C., as its Collateral Manager | ||
By: GSC MANAGER, LLC, in its capacity as Manager | ||
By: BLACK DIAMOND CAPITAL MANAGEMENT, L.L.C., in its capacity as Member | ||
By: | /s/ Stephen H. Deckoff | |
Name: Stephen H. Deckoff | ||
Title: Managing Principal | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
GSC Capital Corp. Loan Funding 2005-1 | ||
By: GSC Acquisition Holdings, L.L.C., as its Collateral Manager | ||
By: GSC MANAGER, LLC, in its capacity as Manager | ||
By: BLACK DIAMOND CAPITAL MANAGEMENT, L.L.C., in its capacity as Member | ||
By: | /s/ Stephen H. Deckoff | |
Name: Stephen H. Deckoff | ||
Title: Managing Principal | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
GSC Partners CDO Fund VII, Limited | ||
By: GSC Acquisition Holdings, L.L.C., as its Collateral Manager | ||
By: GSC MANAGER, LLC, in its capacity as Manager | ||
By: BLACK DIAMOND CAPITAL MANAGEMENT, L.L.C., in its capacity as Member | ||
By: | /s/ Stephen H. Deckoff | |
Name: Stephen H. Deckoff | ||
Title: Managing Principal | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
GSC Partners CDO Fund VIII, Limited | ||
By: GSC Acquisition Holdings, L.L.C., as its Collateral Manager | ||
By: GSC MANAGER, LLC, in its capacity as Manager | ||
By: BLACK DIAMOND CAPITAL MANAGEMENT, L.L.C., in its capacity as Member | ||
By: | /s/ Stephen H. Deckoff | |
Name: Stephen H. Deckoff | ||
Title: Managing Principal | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
J.P. Morgan Whitefriars Inc. | ||
By: | /s/ Virginia R. Conway | |
Name: Virginia R. Conway | ||
Title: Attorney-in-Fact | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
ATLANTIS FUNDING LTD. | ||||
as a Revolving Credit Lender | ||||
By: INVESCO Senior Secured Management, Inc. As Collateral Manager | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
AVALON CAPITAL LTD. 3 | ||||
as a Revolving Credit Lender | ||||
By: INVESCO Senior Secured Management, Inc. As Asset Manager | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
BELHURST CLO LTD. | ||||
as a Revolving Credit Lender | ||||
By: INVESCO Senior Secured Management, Inc. As Collateral Manager | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
CHAMPLAIN CLO LTD. | ||||
as a Revolving Credit Lender | ||||
By: INVESCO Senior Secured Management, Inc. As Collateral Manager | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
Invesco Floating Rate Fund | ||||
as a Revolving Credit Lender | ||||
By: INVESCO Senior Secured Management, Inc. As Sub-Adviser | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
KATONAH V LTD. | ||||
as a Revolving Credit Lender | ||||
By: INVESCO Senior Secured Management, Inc. As Investment Manager | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
LIMEROCK CLO I | ||||
as a Revolving Credit Lender | ||||
By: INVESCO Senior Secured Management, Inc. As Investment Manager | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
LOAN FUNDING IX LCC, for itself or as agent for Corporate Loan Funding IX, LLC | ||||
as a Revolving Credit Lender | ||||
By: INVESCO Senior Secured Management, Inc. As Portfolio Manager | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
NAUTIQUE FUNDING LTD. | ||||
as a Revolving Credit Lender | ||||
By: INVESCO Senior Secured Management, Inc. As Collateral Manager | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
SAGAMORE CLO LTD. | ||||
as a Revolving Credit Lender | ||||
By: INVESCO Senior Secured Management, Inc. As Collateral Manager | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
SARATOGA CLO I, LIMITED. | ||||
as a Revolving Credit Lender | ||||
By: INVESCO Senior Secured Management, Inc. As the Asset Manager | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
Invesco Kampen Senior Income Trust | ||||
as a Revolving Credit Lender | ||||
By: Invesco Senior Secured Management, Inc. As Sub-Adviser | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
Invesco Van Kampen Senior Loan Fund | ||||
as a Revolving Credit Lender | ||||
By: Invesco Senior Secured Management, Inc. As Sub-Adviser | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
WASATCH CLO LTD as a Revolving Credit Lender | ||||
By: INVESCO Senior Secured Management, Inc. As Portfolio Manager | ||||
By: | /s/ Thomas Ewald | |||
Name: Thomas Ewald | ||||
Title: Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
RWN Investment Holdings, as a Tranche E Term Lender | ||||
By | /s/ Kevin C. Smith | |||
Name: Kevin C. Smith | ||||
Title: Trader & Investment Analyst | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
RWN Investment Holdings LLC | ||
By: | /s/ Kevin C. Smith | |
Name: Kevin C. Smith | ||
Title: Trader & Investment Analyst | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
HSBC Bank USA, National Association, as a Revolving Credit Lender | ||||
By: | /s/ Jason Fuqua | |||
Name: Jason Fuqua | ||||
Title: Vice President | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Initial Revolving Credit Lenders whose commitments have been terminated
GE CAPITAL CORPORATION, | ||||
as a Revolving Credit Lender | ||||
By: | /s/ Rebecca Ford | |||
Name: Rebecca Ford | ||||
Title: Duly Authorized Signatory | ||||
For any Revolving Credit Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
GE CAPITAL CORPORATION | ||
By: | /s/ Rebecca Ford | |
Name: Rebecca Ford | ||
Title: Duly Authorized Signatory | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Principal Funds, Inc. – Bond & Mortgage Securities Fund, | ||||
as a Tranche E Term Lender | ||||
By: Principal Global Investors, LLC a Delaware limited liability company, its authorized signatory | ||||
By | /s/ Justin T. Lange | |||
Name: Justin T. Lange | ||||
Title: Counsel | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | /s/ James C. Fifield | |||
Name: James C. Fifield | ||||
Title: Assistant General Counsel | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Principal Life Insurance Company on Behalf Of One or More Separate Accounts (Principal Life Insurance Company, DBA Bond & Mortgage Separate Account), | ||||
as a Tranche E Term Lender | ||||
By: Principal Global Investors, LLC a Delaware limited liability company, its authorized signatory | ||||
By | /s/ Justin T. Lange | |||
Name: Justin T. Lange | ||||
Title: Counsel | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | /s/ James C. Fifield | |||
Name: James C. Fifield | ||||
Title: Assistant General Counsel | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Tranche D Term Lenders who are also Initial Term Lenders and would like to become Tranche E Term Lenders
I confirm that I am both a Tranche D Term Lender and an Initial Term Lender and I would like to convert 100% of the outstanding principal amount of Tranche D Term Loan held by such Tranche D Term Lender (or such lesser amount allocated to such Tranche D Term Lender by the Term Loan E Bookrunners) into a Tranche E Term Loan in a like principal amount
Principal Funds, Inc. – High Yield Fund, | ||||
as a Tranche E Term Lender | ||||
By | /s/ Mark Deckinger | |||
Name: Mark Deckinger | ||||
Title: Portfolio Manager | ||||
For any Tranche E Term Lender requiring a second signature line: | ||||
By | ||||
Name: | ||||
Title: | ||||
Tranche E Term Commitment:
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
ORIX Corporate Capital Inc. | ||
By: | /s/ Christopher L. Smith | |
Name: Christopher L. Smith | ||
Title: Senior Managing Director | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement to Credit Agreement
Existing Initial Term Lenders
(please check only one)
ý The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and the Restated Credit Agreement and agrees to remain as a Non-Extending Initial Term Lender
¨ The undersigned Initial Term Lender hereby irrevocably and unconditionally approves the Agreement and Restated Credit Agreement and to extend the following outstanding principal amount of its Initial Term Loans into the extended tranche of Extended Initial Term Loans: $ ( %).
Name of Institution: | ||
Genesis CLO 2007-2, Ltd., as a Lender | ||
By: LLCP Advisors LLC, as Collateral Manager | ||
By: | /s/ Steven Hartman | |
Name: Steven Hartman | ||
Title: Vice President | ||
For any Initial Term Lender requiring a second signature line: | ||
By | ||
Name: | ||
Title: | ||
Fifth Amendment and Restatement for Credit Agreement
Schedule I
Tranche E Term Commitments
On file with the Administrative Agent
Schedule II
Restatement Revolving Credit Commitments
On file with the Administrative Agent
Exhibit A
Restated Credit Agreement
See attached.
$1,740,625,000
AMENDED AND RESTATED CREDIT AGREEMENT
Dated as of April 17, 2012
among
as the Borrower,
PEAK FINANCE HOLDINGS LLC,
as Holdings,
BARCLAYS BANK PLC,
as Administrative Agent, Collateral Agent,
Swing Line Lender
and
THE OTHER LENDERS PARTY HERETO
BARCLAYS BANK PLC, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, and
J.P. MORGAN SECURITIES LLC,
as the Extension Arrangers and Extension Bookrunners
BARCLAYS BANK PLC, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED,
J.P. MORGAN SECURITIES LLC, and
MACQUARIE CAPITAL (USA) INC.
as Term Loan E Arrangers and Term Loan E Bookrunners
TABLE OF CONTENTS
Page | |||
ARTICLE I Definitions and Accounting Terms | 2 | ||
SECTION 1.01. | Defined Terms | 2 | |
SECTION 1.02. | |||
