Exhibit 10.15(a)
CONFORMED COPY
AMENDMENT NO. 1, WAIVER AND AGREEMENT
dated as of September 30, 1998 (this "Amendment"),
to the Credit Agreement dated as of October 27,
1997 ("Credit Agreement"), among American Axle &
Manufacturing of Michigan, Inc., a Michigan
corporation ("AAMM"), American Axle &
Manufacturing, Inc., a Delaware corporation (the
"Borrower"), the lenders party thereto (the
"Lenders"), The Chase Manhattan Bank, a New York
banking corporation, as administrative agent (the
"Administrative Agent"), and Chase Manhattan Bank
Delaware, as fronting bank (the "Fronting Bank").
A. The work stoppage that occurred at General Motors
Corporation during June, 1998, and July, 1998, negatively impacted the
Borrower's financial condition and operating results as of and for the fiscal
quarters ended June 30, 1998, and September 30, 0000 (xxx "XX Work Stoppage
Impact").
B. The Borrower intends to, or intends to cause one of its
subsidiaries (together with the Borrower, the "Acquiror") to, acquire (the
"Acquisition") all the capital stock of a European axle manufacturer (the
"Target") from the holder thereof (the "Seller") for consideration consisting
of (a) approximately $42,000,000 (including up to $2,000,000 for closing
adjustments) in cash to be paid to the Seller at the closing of the
Acquisition, (b) up to $12,000,000 in cash that may be paid to the Seller
after the closing of the Acquisition pursuant to an earn-out formula to be
agreed upon by the parties to the Acquisition and (c) the retention by the
Target at the closing of the Acquisition of up to (pound)23,000,000
(approximately $38,000,000) in the aggregate of indebtedness (the "Target
Indebtedness") (the aggregate amount of the maximum cash consideration that
may be payable pursuant to clauses (a) and (b) above and the Target
Indebtedness being hereinafter collectively referred to as the "Purchase
Price") and otherwise on terms reasonably satisfactory to the Administrative
Agent.
C. Pursuant to the Credit Agreement, the Lenders and the
Fronting Bank have extended credit to the Borrower, and have agreed to extend
credit to the Borrower, in each case pursuant to the terms and subject to the
conditions set forth therein.
D. The Borrower has requested that the Required Lenders (a)
agree to amend certain provisions of the Credit Agreement to reflect the GM
Work Stoppage Impact as set forth herein and (b) waive certain provisions of
the Credit Agreement to permit the Acquisition as set forth herein.
E. The Required Lenders are willing to so amend the Credit
Agreement and to grant such waivers, in each case pursuant to the terms and
subject to the conditions set forth herein.
F. Capitalized terms used and not otherwise defined herein
shall have the meanings assigned thereto in the Credit Agreement.
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In consideration of the premises and the agreements,
provisions and covenants herein contained, the parties hereto hereby agree, on
the terms and subject to the conditions set forth herein, as follows:
SECTION 1. Amendment. (a) Section 1.01 of the Credit
Agreement is hereby amended as follows:
(i) by inserting immediately after the words "on a
consolidated basis in accordance with GAAP" in the definition of the
term Net Leverage Ratio the words ", provided that, solely for
purposes of determining whether the Net Leverage Ratio as of the end
of any four fiscal-quarter period that includes the fiscal quarter
ended September 30, 1998, is in compliance with Section 6.12, there
shall be added to the amount determined pursuant to clause (b), in
the case of any such four fiscal-quarter period ending on or before
March 31, 1999, an additional $71,192,000, and, in the case of the
four fiscal-quarter period ending on June 30, 1999, an additional
$42,018,000."
(ii) by inserting immediately after the words "(excluding
for purposes of computing Retained Cash Earnings, all transactions
included in the Recapitalization)" in the definition of the term
Retained Cash Earnings the words ", provided that, solely for
purposes of determining whether Retained Cash Earnings as of the end
of any fiscal quarter beginning on or after October 1, 1998, are in
compliance with Section 6.13, there shall be added to the amount
determined pursuant to the foregoing an additional $44,851,000."
(b) Schedule B of the Credit Agreement is hereby amended by
inserting immediately after the words "such officers' certificate of any Event
of Default or Default" the words ", except that, for the period from and
including September 30, 1998, until such date as the financial statements to
be delivered pursuant to Section 5.04 and such officer's certificate have been
delivered for the fiscal quarter ended September 30, 1998, the Net Leverage
Ratio shall be deemed, solely for purposes of this Schedule B, to be greater
than 3.50 to 1.00."
SECTION 2. Waiver. (a) The Required Lenders hereby waive
compliance with the requirement in Section 6.04(j) of the Credit Agreement
that the amount of investments constituting Permitted Business Acquisitions
not exceed the amount specified therein to the extent, but only to the extent,
necessary to permit the Dollar equivalent of the amount of the Purchase Price
to exceed (such excess Purchase Price, the "Excess Purchase Price") the
aggregate amount of investments that AAMM, the Borrower and the Subsidiaries
would otherwise be permitted to make, as of the closing of the Acquisition,
under Sections 6.04(j) and 6.04(k) of the Credit Agreement, provided that, as
of the closing of the Acquisition, no investments other than the Acquisition
will have been made by AAMM, the Borrower or the Subsidiaries pursuant to
Sections 6.04(j) and 6.04(k) of the Credit Agreement and provided further that
the Dollar equivalent of the amount of the Excess Purchase Price shall be
considered a use in that amount of the investments that AAMM, the Borrower and
the Subsidiaries are permitted to make pursuant to Section 6.04(l) of the
Credit Agreement.
(b) The Required Lenders hereby waive compliance with the
requirement in Section 6.01(q) of the Credit Agreement that the amount of
outstanding Indebtedness of foreign Subsidiaries that is not otherwise
permitted under Section 6.01
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of the Credit Agreement not exceed the amount specified in Section 6.01(q) of
the Credit Agreement to the extent, but only to the extent, necessary to
permit the Dollar equivalent of the amount of Target Indebtedness to exceed
(such excess Target Indebtedness, the "Excess Target Indebtedness") the
aggregate amount of Indebtedness that the Borrower and all Subsidiaries, with
respect to Section 6.01(j) of the Credit Agreement, and foreign Subsidiaries,
with respect to Section 6.01(q) of the Credit Agreement, would otherwise be
permitted to Incur, create, assume or permit to exist, as of the closing of
the Acquisition, under Sections 6.01(j) and 6.01(q) of the Credit Agreement,
provided that, as of the closing of the Acquisition, no Indebtedness other
than the Target Indebtedness will have been Incurred, created, assumed or
permitted to exist by the Borrower or any Subsidiary pursuant to Sections
6.01(j) and 6.01(q) of the Credit Agreement and provided further that the
Dollar equivalent of the amount of the Excess Target Indebtedness shall be
considered a use in that amount of the Indebtedness that the Borrower and the
domestic Subsidiaries are permitted to Incur, create, assume or permit to
exist pursuant to Section 6.01(p) of the Credit Agreement.
SECTION 3. Representations and Warranties. The Borrower and
AAMM each represents and warrants to the Administrative Agent and the Lenders
that:
(a) This Amendment has been duly executed and delivered by
it and constitutes its legal, valid and binding obligation
enforceable against it in accordance with its terms, except as
enforceability may be limited by bankruptcy, insolvency, moratorium,
reorganization or other similar laws affecting creditors' rights
generally and except as enforceability may be limited by general
principles of equity (regardless of whether such enforceability is
considered in a proceeding in equity or at law).
(b) Before and after giving effect to this Amendment, the
representations and warranties set forth in Article III of the Credit
Agreement are true and correct in all material respects with the same
effect as if made on the date hereof, except to the extent such
representations and warranties expressly relate to an earlier date.
(c) After giving effect to this Amendment, no Default or
Event of Default shall have occurred and be continuing.
SECTION 4. Conditions to Effectiveness. This Amendment shall
become effective as of the date first above written when (a) the
representations and warranties set forth in Section 3 of this Amendment shall
be true and correct and (b) the Administrative Agent shall have received
counterparts of this Amendment that, when taken together, bear the signatures
of AAMM, the Borrower and the Required Lenders.
SECTION 5. Effect of Amendment. Except as expressly set
forth herein, this Amendment shall not by implication or otherwise limit,
impair, constitute a waiver of, or otherwise affect the rights and remedies of
the Administrative Agent or the Lenders under the Credit Agreement, and shall
not alter, modify, amend or in any way affect the terms, conditions,
obligations, covenants or agreements contained in the Credit Agreement, all of
which are ratified and affirmed in all respects and shall continue in full
force and effect. Nothing herein shall be deemed to entitle AAMM or the
Borrower to a consent to, or a waiver, amendment, modification or other change
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of, any terms, conditions, obligations, covenants or agreements contained in
the Credit Agreement in similar or different circumstances. This Amendment
shall apply and be effective only with respect to the provisions of the Credit
Agreement specifically referred to herein.
SECTION 6. Credit Agreement. Except as specifically amended
or waived hereby, the Credit Agreement shall continue in full force and effect
in accordance with the provisions thereof as in existence on the date hereof.
After the date hereof, any reference to the Credit Agreement shall mean the
Credit Agreement as amended and waived hereby. This Amendment shall constitute
a Loan Document for all purposes under the Credit Agreement.
SECTION 7. Applicable Law. THIS AMENDMENT SHALL BE
GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS
OF THE STATE OF NEW YORK.
SECTION 8. Counterparts. This Amendment may be executed in
two or more counterparts, each of which shall constitute an original but all
of which when taken together shall constitute but one contract. Delivery of an
executed signature page of this Amendment by facsimile transmission shall be
effective as delivery of a manually executed counterpart hereof.
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SECTION 9. Headings. The Section headings used herein are
for convenience of reference only, are not part of this Amendment and are not
to affect the construction of, or to be taken into consideration in
interpreting, this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be duly executed by their respective authorized officers as of
the day and year first written above.
AMERICAN AXLE & MANUFACTURING
OF MICHIGAN, INC.,
by /s/ Xxxx X. Xxxxxxx
Name: Xxxx X. Witoksy
Title: VP-Finance & Chief Financial
Officer
AMERICAN AXLE & MANUFACTURING,
INC.,
by /s/ Xxxx X. Xxxxxxx
Name: Xxxx X. Xxxxxxx
Title: VP-Finance & Chief Financial
Officer
THE CHASE MANHATTAN BANK,
by /s/ Xxxxxxxx Xxxxxxx
Name: Xxxxxxxx Xxxxxxx
Title: Vice President
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SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution The Industrial Bank of Japan, Ltd.
by /s/ Takuya Honjo
Name: Takuya Honjo
Title: Senior Vice President
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SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution IBJ Xxxxxxxx Bank & Trust Company
by /s/ Xxxxxxx X. Xxxxx
Name: Xxxxxxx X. Xxxxx
Title: Director
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SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution The Fuji Bank, Limited
by /s/ Tetsuo Kamatsu
Name: Tetsuo Kamatsu
Title: Joint General Manager
9
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Captiva Finance Ltd.
by /s/ Xxxxx Egglishaw
Name: Xxxxx Egglishaw
Title: Director
10
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Aeries Finance Ltd.
by /s/ Xxxxxx Xxx Xxxxxxx
Name: Xxxxxx Xxx Xxxxxxx
Title: Director
11
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Indosuez Capital Funding III Ltd.
by Indosuez Capital as Portfolio Advisor
by /s/ Xxxxxxxxx Xxxxxxxxx
Name: Xxxxxxxxx Xxxxxxxxx
Title: Vice President
12
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Toronto Dominion (Texas), Inc.
by /s/ Xxxxx Xxxxxx
Name: Xxxxx Xxxxxx
Title: Vice President
13
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution BankBoston, N.A.
by /s/ Xxxx X. Xxxxxxxx
Name: Xxxx X. Xxxxxxxx
Title: Authorized Officer
14
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Orix USA Corporation
by /s/ Xxxxxxxx Xxxxxxxx
Name: Xxxxxxxx Xxxxxxxx
Title: Executive Vice President
15
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution The Travelers Insurance Company
by /s/ Xxxx X. Xxxxxxxx
Name: Xxxx X. Xxxxxxxx
Title: Second Vice President
16
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution KZH ING-3 LLC
by /s/ Xxxxxxxx Xxxxxx
Name: Xxxxxxxx Xxxxxx
Title: Authorized Agent
17
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution KZH ING-2 LLC
by /s/ Xxxxxxxx Xxxxxx
Name: Xxxxxxxx Xxxxxx
Title: Authorized Agent
18
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution KZH CNC LLC
by /s/ Xxxxxxxx Xxxxxx
Name: Xxxxxxxx Xxxxxx
Title: Authorized Agent
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SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution KZH III LLC
by /s/ Xxxxxxxx Xxxxxx
Name: Xxxxxxxx Xxxxxx
Title: Authorized Agent
20
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Michigan National Bank
by /s/ Xxxxxx X. Xxxxxxxx
Name: Xxxxxx X. Xxxxxxxx
Title: Relationship Manager
21
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution KeyBank National Association
by /s/ X. X. Xxxxxx
Name: X.X. Xxxxxx
Title: Vice President
22
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Xxxxxx Xxxxxxx Xxxx Xxxxxx Prime Income Trust
by /s/ Xxxxx Xxxxxxx
Name: Xxxxx Xxxxxxx
Title: Authorized Signatory
23
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution The Bank of New York
by /s/ Xxxxxxx X. Xxxxxx
Name: Xxxxxxx X. Xxxxxx
Title: Vice President
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SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Xxx Xxxxxx American Capital Prime Rate Income Trust
by /s/ Xxxxxxx Xxxxxxx
Name: Xxxxxxx Xxxxxxx
Title: Senior Vice President and Director
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SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Xxx Xxxxxx CLO I, Limited
by: Xxx Xxxxxx American Capital Management Inc., as
Collateral Manager
by /s/ Xxxxxxx Xxxxxxx
Name: Xxxxxxx Xxxxxxx
Title: Senior Vice President and Director
26
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Xxx Xxxxxx American Capital Senior Income Trust
by /s/ Xxxxxxx Xxxxxxx
Name: Xxxxxxx Xxxxxxx
Title: Senior Vice President and Director
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SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution AmSouth Bank
by /s/ Xxxxx Xxxxxxxx
Name: Xxxxx Xxxxxxxx
Title: Commercial Banking Officer
28
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Bank of America National Trust and Savings Association
by /s/ Xxxxxx X. Xxxxxxxxx
Name: Xxxxxx X. Xxxxxxxxx
Title: Vice President
29
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Xxxxxxx Sach Credit Partners L.P.
by /s/ Xxxxxxx X. Xxxx
Name: Xxxxxxx X. Xxxx
Title: Authorized Signatory
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SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Credit Suisse First Boston
by /s/ Xxxxxxx Xxxxx
Name: Xxxxxxx Xxxxx
Title: Associate
by /s/ Xxxxx X. Xxxxxx
Name: Xxxxx X. Xxxxxx
Title: Vice President
31
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Bank of Scotland
by /s/ Xxxxx Xxxxx
Name: Xxxxx Xxxxx
Title: Asst. Vice President
32
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Credit Agricole Indosuez
by /s/ Xxxxx Xxxxx
Name: Xxxxx Xxxxx
Title: First Vice President, Head of Corporate
Banking Chicago
/s/ Xxxx Xxxxxx
Name: Xxxx Xxxxxx
Title: Senior Vice President, Branch Manager
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SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Balanced High Yield Fund I Ltd.
by BHF-Bank Aktiengesellschaft acting through its New York
Branch as attorney-in-fact
by /s/ Xxxx Xxxxx
Name: Xxxx Xxxxx
Title: Vice President
/s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Asst. Vice President
34
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution The Mitsubishi Trust and Banking Corporation
by /s/ Xxxxxxxx X. Xxxxxxx
Name: Xxxxxxx X. Xxxxxxx
Title: Senior Vice President
35
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Dresdner Bank AG New York and Grand Cayman Branches
by /s/ Brigitte Sacin
Name: Brigitte Sacin
Title: Assistant Treasurer
/s/ Xxxxxxxxxxx X. Xxxxxxx
Name: Xxxxxxxxxxx X. Xxxxxxx
Title: Assistant Vice President
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SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution The Industrial Bank of Japan, Limited
by /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Joint General Manager
37
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution The Bank of Nova Scotia
by /s/ F.C.H. Xxxxx
Name: F.C.H. Xxxxx
Title: Senior Manager Loan Operations
38
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution The Long-Term Credit Bank of Japan, Limited,
New York Branch
by /s/ Koji Sasayama
Name: Koji Sasayama
Title: Deputy General Manager
39
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Manufacturers and Traders Trust Company
by /s/ Xxxxx X. Xxxxx
Name: Xxxxx X. Xxxxx
Title: Assistant Vice President
40
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Banque Nationale de Paris
by /s/ Xxxxxxxxx X. Xxxxxx
Name: Xxxxxxxxx X. Xxxxxx
Title: Vice President and Manager, Credit Department
41
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Marine Midland Bank
by /s/ Xxxxxxxxxxx X. Xxxxxx
Name: Xxxxxxxxxxx X. Xxxxxx
Title: Authorized Signatory
42
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Comerica Bank
by /s/ Xxxxxxx X. Xxxx
Name: Xxxxxxx X. Xxxx
Title: Vice President
43
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution National City Bank
by /s/ Xxxxxxx X. Xxxxxxx
Name: Xxxxxxx X.Xxxxxxx
Title: Assistant Vice President
44
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Mellon Bank, N.A.
by /s/ Xxxxxxx X. Xxxxxxx
Name: Xxxxxxx X. Xxxxxxx
Title: Assistant Vice President
45
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution FirstTrust Bank
by /s/ X.X. X'Xxxxxx
Name: X.X. X'Xxxxxx
Title: Executive Vice President
46
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Archimedes Funding, L.L.C.
by ING Capital Advisors, Inc.,
as Collateral Manager
by /s/ Xxxx Xxxxxx Xxxxxx
Name: Xxxx Xxxxxx Xxxxxx
Title: Senior Vice President
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SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution ING High Income Principal Preservation Fund Holdings, LDC
by ING Capital Advisors, Inc.,
as Investment Advisor
by /s/ Xxxx Xxxxxx Xxxxxx
Name: Xxxx Xxxxxx Xxxxxx
Title: Senior Vice President
48
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution NBD Bank
by /s/ Xxxx X. XxXxxxx
Name: Xxxx X. XxXxxxx
Title: Vice President
49
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution The First National Bank of Chicago
by /s/ Xxxxx X. Xxxxxx
Name: Xxxxx X. Xxxxxx
Title: Vice President
50
SIGNATURE PAGE TO
AMENDMENT NO. 1,
WAIVER AND AGREEMENT
dated September 30, 1998
To approve Amendment No. 1, Waiver and Agreement:
Name of Institution Paribas
by /s/ Xxx X. XxXxxxx
Name: Xxx X. XxXxxxx
Title: Vice President
