CONFORMED COPY
Exhibit 10.2
CONFORMED COPY
AMENDMENT No. 4 dated as of September 30, 2002 (this
“Amendment”), to the Credit Agreement dated as of September 30, 1997, as Amended and Restated as of May 31, 2000 (as so amended and restated and as further amended by Amendment No. 1 thereto dated September 30, 2000, Amendment No. 2
thereto dated July 10, 2001, and Amendment No. 3 thereto dated April 2, 2002, the “Credit Agreement”), among PLIANT CORPORATION (formerly known as Huntsman Packaging Corporation), a Utah corporation (the
“Borrower”), ASPEN INDUSTRIAL, S.A. DE C.V., a Mexico corporation (the “Mexico Borrower”, and together with the Borrower, the “Borrowers”), the financial institutions listed on Schedule 2.01 to the
Credit Agreement (the “Lenders”), DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly known as Bankers Trust Company), as Administrative Agent and Collateral Agent, JPMORGAN CHASE BANK (formerly known as The Chase Manhattan Bank), as
Syndication Agent, and THE BANK OF NOVA SCOTIA, as Documentation Agent.
A. The Borrower has requested that the
Lenders agree to amend certain provisions of the Credit Agreement as set forth herein.
B. The undersigned Lenders
are willing so to amend the Credit Agreement pursuant to the terms and subject to the conditions set forth herein.
C. Capitalized terms used and not otherwise defined herein shall have the meanings assigned thereto in the Credit Agreement.
SECTION 1. Amendments to Section 1.01. (a) Section 1.01 of the Credit Agreement is hereby amended by deleting in their entirety the definitions of the following terms:
(i) |
“Additional Lender”; |
(ii) |
“Incremental Facility Termination Date”; |
(iii) |
“Incremental Tranche B Commitments”; |
(iv) |
“Incremental Tranche B Commitment Termination Date”; |
(v) |
“Incremental Tranche B Rate”; |
(vi) |
“Incremental Tranche B Term Loans”. |
(b) The definition of “Applicable Rate” is hereby amended by replacing in its entirety the table set forth in the definition as
follows:
| Leverage Ratio |
ABR Spread |
Eurodollar Spread |
Commitment Fee Rate | |||
| Category 1 Greater than or equal to 5.50 to 1.00 |
2.50% |
3.50% |
0.750% | |||
| Category 2 Less than 5.50 to 1 but greater than or equal to 5.00 to 1.00
|
2.50% |
3.50% |
0.625% | |||
| Category 3 Less than 5.00 to 1.00 but greater than or equal to 4.25 to
1.00 |
2.00% |
3.00% |
0.500% | |||
| Category 4 Less than 4.25 to 1.00 |
1.75% |
2.75% |
0.500% |
(c) The definition of
“Permitted Acquisition” in Section 1.01 of the Credit Agreement is hereby amended and restated in its entirety as follows:
“Permitted Acquisition” means any acquisition by the Borrower or a Restricted Subsidiary of the Borrower of all or substantially all the assets of, or all the shares of capital stock
of or other equity interests in, a Person or a division, line of business or other business unit of a Person if (a) no Default has occurred and is continuing or would result therefrom, (b) all transactions related thereto are consummated in all
material respects in accordance with applicable laws, (c) immediately after giving effect thereto, each Subsidiary formed for the purpose of or resulting from such acquisition shall be a Restricted Subsidiary and all the capital stock of each such
Subsidiary shall be owned directly by the Borrower or a Restricted Subsidiary of the Borrower and all actions required to be taken with respect to such acquired or newly formed Subsidiary under Sections 5.12 and 5.13 have been taken, (d) the
Borrower and its Restricted Subsidiaries are in compliance with the covenant contained in Section 6.13, (e) on a pro forma basis after giving effect to such acquisition, (1) the Borrower and its Restricted Subsidiaries are in compliance with the
covenant contained in Section 6.15 and (2) the Leverage Ratio is less than 4.00 to 1.00, in each case recomputed as at the last day of the most recently ended fiscal quarter of the Borrower for which financial statements are available, as if such
acquisition (and any related incurrence or repayment of Indebtedness, with any new Indebtedness being deemed to be amortized over the applicable testing period in accordance with its terms, and assuming that any Revolving Loans borrowed in
connection with such acquisition are repaid with excess cash balances when available) had occurred on the first day of each relevant period for testing such compliance and (f) the Borrower has delivered to the Administrative Agent an officer’s
certificate to the effect set forth in clauses (a), (b), (c), (d) and (e) above, together with all relevant financial information for the Person or assets to be acquired. Notwithstanding the foregoing, each of the Uniplast Acquisition, the Decora
Acquisition and the Roll-O Sheets Acquisition is a Permitted Acquisition for purposes of this Agreement.
(d) The definition of “Restricted Payment” in Section 1.01 of the Credit Agreement is hereby amended by inserting the following sentence at the end of such definition:
For the avoidance of doubt, the receipt by the Borrower of shares of its capital stock in settlement of any claim made by
the Borrower pursuant to the Uniplast Purchase Agreement as in effect on June 15, 2001, shall not be a Restricted Payment.
(e) The definition of “Tranche B Rate” in Section 1.01 of the Credit
Agreement is hereby amended and restated in its entirety as follows:
“Tranche B
Rate” means (a) if the Leverage Ratio is greater than or equal to 4.25 to 1.00 (i) 4.25% per annum, in the case of a Eurodollar Loan, and (ii) 3.25% per annum, in the case of an ABR Loan, or (b) if the Leverage Ratio is less than 4.25 to
1.00 (i) 4.00% per annum, in the case of a Eurodollar Loan, and (ii) 3.00% per annum, in the case of an ABR Loan.
(f) Section 1.01 of the Credit Agreement is hereby amended by inserting the following defined terms in the appropriate alphabetical order, to read as follows:
“Adjusted Leverage Ratio” means, on any date, the ratio of (a) Total Debt as of such date after giving
effect to any Restricted Payments made on such date or anticipated to be made in connection with the calculation of the Adjusted Leverage Ratio on such date to (b) Consolidated EBITDA for the period of four consecutive fiscal quarters of the
Borrower most recently ended, all determined on a consolidated basis in accordance with GAAP.
“Roll-O Sheets Acquisition” means the acquisition by the Borrower of all or substantially all the assets of Roll-O Sheets Canada Limited on August 15, 2002, for a cash purchase price not to exceed CD$2,500,000.
SECTION 2. Amendment to Section 2.21. Section 2.21 of the Credit Agreement is hereby deleted in its
entirety.
SECTION 3. Amendment to Section 5.11. Section 5.11 of the Credit Agreement is hereby amended by
(i) deleting the words “(other than the Incremental Tranche B Term Loans)” after the text “proceeds of the Term Loans” in the first sentence of such section and (ii) deleting the sentence “The proceeds of the Incremental
Tranche B Term Loans will be used solely for Permitted Acquisitions” after the text “pursuant to the Debt Tender Offer” in the second sentence of such section.
SECTION 4. Amendment to Section 6.05. Section 6.05(i) of the Credit Agreement is hereby amended and restated in its entirety as follows:
(i) investments in Joint Ventures and Unrestricted Subsidiaries (A) existing on November 6, 2002,
and set forth in Schedule 6.05(i)(A) and (B) in an aggregate amount, on a cumulative basis subsequent to November 6, 2002, not exceeding the sum of (x) $1,500,000 and (y) if the Leverage Ratio as of the last day of the most recently ended fiscal
quarter is less than 4.00 to 1.00, $3,500,000 (it being understood and agreed that no Default or Event of Default shall be deemed to have occurred solely due to an increase in the Leverage Ratio subsequent to the date of any investment made in
reliance on this clause (y)), provided that (A) if an Unrestricted Subsidiary is declared to be a Restricted Subsidiary, compliance with the foregoing limitations shall thereafter be determined as though such Subsidiary had never been an
Unrestricted Subsidiary, (B) for purposes of determining compliance with the foregoing limitations, any Guarantee by the Borrower or any Restricted Subsidiary of Indebtedness or other monetary obligations of a Joint Venture or Unrestricted
Subsidiary shall be deemed to constitute an investment therein in an amount equal to the Indebtedness or other monetary obligations so Guaranteed and (C) commencing on November 6, 2002, prior to making any investment pursuant
to clause (y) above, the Borrower shall have delivered to the Administrative
Agent an officer’s certificate certifying as to the Leverage Ratio on such date.
SECTION 5. Amendment to
Section 6.09. The table set forth in Section 6.09(a) of the Credit Agreement is hereby deleted and replaced in its entirety as follows:
| Year Ending December 31 |
Amount | ||
| 2002 |
$ |
5,000,000 | |
| 2003 |
$ |
5,000,000 | |
| 2004 and each fiscal year thereafter |
$ |
5,000,000 | |
provided that (x) commencing with fiscal year 2003, the
Adjusted Leverage Ratio is less than 5.00 to 1:00; and (y) commencing with fiscal year 2004, if the Adjusted Leverage Ratio is (A) less than 4.50 to 1.00, the Borrower may make Restricted Payments pursuant to this clause (iv) in an amount not to
exceed $10,000,000 in any fiscal year and (B) less than 4.00 to 1.00 the Borrower may make Restricted Payments pursuant to this clause (iv) in an amount not to exceed $18,000,000 in any fiscal year (it being understood and agreed that no Default or
Event of Default shall be deemed to have occurred solely due to an increase in the Adjusted Leverage Ratio subsequent to the date of any Restricted Payment made in reliance on this clause (y)), provided, further that commencing on November 6,
2002, prior to making any Restricted Payments pursuant to this clause (iv), the Borrower shall have delivered to the Administrative Agent an officer’s certificate certifying as to the Adjusted Leverage Ratio on the relevant date.
SECTION 6. Amendment to Section 6.13. Section 6.13(a) of the Credit Agreement is hereby amended and restated in its
entirety as follows:
(a) The Borrower will not make, and will not permit its Restricted
Subsidiaries to make, Capital Expenditures other than Capital Expenditures made by the Borrower and its Restricted Subsidiaries in any fiscal year of the Borrower in an aggregate amount not exceeding (i) $30,000,000 in fiscal years 2003 and 2004 and
(ii) $40,000,000 in each fiscal year thereafter (the “Permitted Amount”) plus, for each fiscal year commencing with fiscal year 2005, an amount equal to 50% of the excess, if any, of the Permitted Amount for the immediately
preceding fiscal year over the aggregate amount of Capital Expenditures made in the immediately preceding fiscal year. The foregoing limitations shall not apply to (x) expenditures with proceeds resulting from sales of assets or capital stock or
equity issuances or from casualty or condemnation events, in each case to the extent such expenditures are permitted under this Agreement and (y) Permitted Acquisitions.
SECTION 7. Amendment to Section 6.14. The table set forth in
Section 6.14 of the Credit Agreement is hereby amended and restated in its entirety as follows:
| Period |
Ratio | |
| July 1, 2002 through September 30, 2002 |
5.50 to 1.00 | |
| October 1, 2002 through December 31, 2002 |
6.10 to 1.00 | |
| January 1, 2003 through March 31, 2003 |
6.10 to 1.00 | |
| April 1, 2003 through June 30, 2003 |
6.00 to 1.00 | |
| July 1, 2003 through September 30, 2003 |
5.50 to 1.00 | |
| October 1, 2003 through December 31, 2003 |
5.50 to 1.00 | |
| January 1, 2004 through March 31, 2004 |
4.75 to 1.00 | |
| April 1, 2004 through June 30, 2004 |
4.75 to 1.00 | |
| July 1, 2004 through September 30, 2004 |
4.50 to 1.00 | |
| October 1, 2004 through December 31, 2004 |
4.50 to 1.00 | |
| January 1, 2005 and thereafter |
4.00 to 1.00 |
SECTION 8. Amendment to Section 6.15. The table set forth in
Section 6.15 of the Credit Agreement is hereby amended and restated in its entirety as follows:
| Period |
Ratio | |
| July 1, 2002 through September 30, 2002 |
1.75 to 1.00 | |
| October 1, 2002 through December 31, 2002 |
1.60 to 1.00 | |
| January 1, 2003 through March 31, 2003 |
1.60 to 1.00 | |
| April 1, 2003 through June 30, 2003 |
1.65 to 1.00 | |
| July 1, 2003 through September 30, 2003 |
1.70 to 1.00 | |
| October 1, 2003 through December 31, 2003 |
1.75 to 1.00 | |
| January 1, 2004 through March 31, 2004 |
1.75 to 1.00 | |
| April 1, 2004 through June 30, 2004 |
1.90 to 1.00 | |
| July 1, 2004 through September 30, 2004 |
1.90 to 1.00 | |
| October 1, 2004 through December 31, 2004 |
2.00 to 1.00 | |
| January 1, 2005 and thereafter |
2.25 to 1.00 |
SECTION 9. Representations and Warranties. Each Borrower
represents and warrants to the Administrative Agent and to each of the Lenders that:
(a) This Amendment has been duly authorized, executed and delivered by it and constitutes a legal, valid and binding obligation of each Loan Party hereto, enforceable against such Loan Party in accordance with
its terms.
(b) 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 on and as of the date hereof with the same effect as if made on and as of 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 Event of Default or Default has occurred and is continuing.
SECTION 10. Amendment Fee.
In consideration of the agreements of the Lenders contained in this Amendment, the Borrower agrees to pay to the Administrative Agent, for the account of each Lender that delivers an executed
counterpart of this Amendment prior to 5:00 p.m., New York City time, on November 6, 2002, an amendment fee (the
“Amendment Fee”) of 25 basis points on the aggregate amount of the Commitments and outstanding Loans of such Lender.
SECTION 11. Conditions to Effectiveness. This Amendment shall become effective as of September 30, 2002, when (a) the Administrative Agent shall have received (i) counterparts of this Amendment that, when taken
together, bear the signatures of the Borrowers and the Required Lenders and (ii) the Amendment Fee, (b) the representations and warranties set forth in Section 9 hereof are true and correct (as set forth on an officer’s certificate delivered to
the Administrative Agent) and (c) all fees and expenses required to be paid or reimbursed by the Borrowers pursuant hereto, the Credit Agreement or otherwise, including all invoiced fees and expenses of counsel to the Administrative Agent, shall
have been paid or reimbursed, as applicable.
SECTION 12. Credit Agreement. Except as specifically amended
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 hereby. This Amendment shall be a Loan Document for all purposes.
SECTION 13. Applicable
Law. THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
SECTION 14. 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 agreement. Delivery of an executed
signature page to this Amendment by facsimile transmission shall be effective as delivery of a manually signed counterpart of this Amendment.
SECTION 15. Expenses. The Borrower agrees to reimburse the Administrative Agent for its out-of-pocket expenses in connection with this Amendment, including the reasonable fees, charges and
disbursements of Cravath, Swaine & Xxxxx, counsel for the Administrative Agent.
SECTION 16. Headings.
The headings of this Amendment are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed by their respective authorized officers as of the day and year first written above.
| PLIANT CORPORATION, formerly known as Huntsman
Packaging Corporation, | ||
| By: |
/S/ XXXXX X.
XXXXXXX | |
| Name: Xxxxx X. Xxxxxxx Title: Executive V.P. and CFO | ||
| ASPEN INDUSTRIAL, S.A. DE C.V., | ||
| By: |
/S/ XXXXX X.
XXXXXXX | |
| Name: Xxxxx X. Xxxxxxx Title: Executive V.P. and Treasurer | ||
| DEUTSCHE BANK TRUST COMPANY
AMERICAS, formerly known as Bankers Trust Company, individually and as Administrative Agent, | ||
| By: |
/S/ XXXXX XXXXXXX | |
| Name: Xxxxx Xxxxxxx Title: Director | ||
| JPMORGAN CHASE BANK, formerly
known as The Chase Manhattan Bank, as Syndication Agent, | ||
| By: |
/S/ XXXXX X. XXXXXXXX | |
| Name: Xxxxx X. Xxxxxxxx Title: Managing Director | ||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
JPMORGAN CHASE BANK | |||||||
| By: |
/s/ XXXXX X.
XXXXXXXX | |||||||
| Name: Xxxxx X. Xxxxxxxx | ||||||||
| Title: Managing Director | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
THE BANK OF NOVA
SCOTIA | |||||||
| By: |
/S/ X. XXXX | |||||||
| Name: X. Xxxx | ||||||||
| Title: Senior Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
DEUTSCHE BANK TRUST COMPANY
AMERICAS | |||||||
| By: |
/S/ M.A. ORLANDO
| |||||||
| Name: Xxxxx Xxxxxxx | ||||||||
| Title: Director | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
CREDIT INDUSTRIEL ET COMMERCIAL
| |||||||
| By: |
/S/ XXXX
XXXXXXX | |||||||
| Name: Xxxx Xxxxxxx | ||||||||
| Title: First Vice President | ||||||||
| By: |
/S/ XXXXX
X’XXXXX | |||||||
| Name: Xxxxx X’Xxxxx | ||||||||
| Title: Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXXXX FARGO BANK, N.A. | |||||||
| By: |
/S/ XXXXX X.
XXXXXX | |||||||
| Name: Xxxxx X. Xxxxxx | ||||||||
| Title: V.P. | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
U.S. BANK NATIONAL ASSOCIATION | |||||||
| By: |
/S/ XXXXX X.
XXXX | |||||||
| Name: Xxxxx X. Xxxx Title:
Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
THE BANK OF NEW YORK
| |||||||
| By: |
/S/ XXXX X.
XXXXXXX | |||||||
| Name: Xxxx X. Xxxxxxx Title:
Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
BANK ONE, NA | |||||||
| By: |
/S/ XXXX X.
XXXXXX | |||||||
| Name: Xxxx X. Xxxxxx Title:
Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
WACHOVIA BANK, N.A. | |||||||
| By: |
/S/ XXX
XXXXXXXXX | |||||||
| Name: Xxx Xxxxxxxxx Title:
Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
NATIONAL CITY BANK | |||||||
| By: |
/S/ XXXXXX X.
XXXXXXXXXXX | |||||||
| Name: Xxxxxx X. Xxxxxxxxxxx Title: Account Officer | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
OAK HILL SECURITIES FUND, L.P.
| |||||||
| By: |
Oak Hill Securities GenPar, L.P. its General Partner | |||||||
| By: |
Oak Hill Securities MGP, Inc., its General Partner | |||||||
| By: |
/S/ XXXXX X.
XXXXX | |||||||
| Name: Xxxxx X. Xxxxx Title:
Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
THE MITSUBISHI TRUST AND BANKING
CORPORATION | |||||||
| By: |
/S/ XXXXXXX XXXXXXXX
| |||||||
| Name:Xxxxxxx Xxxxxxxx Title:
Senior Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
NATEXIS BANQUES POPULAIRES | |||||||
| By: |
/S/ XXXXX X. XXXXXX, XX.
| |||||||
| Name: Xxxxx X. Xxxxxx, Xx. Title: Vice President & Group Manager | ||||||||
| By: |
/S/ XXXXXXXXX XXXXXXXX
| |||||||
| Name: Xxxxxxxxx Xxxxxxxx Title: Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
ERSTE BANK | |||||||
| By: |
/S/ XXXXXXX X.
XXXXXXXX | |||||||
| Name: Xxxxxxx X. Xxxxxxxx Title: Vice President Erste Bank New York Branch | ||||||||
| By: |
/S/ XXXX X.
XXXXXXX | |||||||
| Name: Xxxx X. Xxxxxxx Title: Managing Director Erste Bank New York Branch | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
MIZUHO CORPORATE BANK, LTD. |
|||||||
| By: |
/S/ XXXXXXXX
XXXXXX | |||||||
| Name: Xxxxxxxx Xxxxxx Title: Senior Vice President & Group Head | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name Of Institution |
ZIONS FIRST NATIONAL BANK | |||||||
| By: |
/S/ XXX X.
XXXXXXXXXXX | |||||||
| Name: Xxx X. Xxxxxxxxxxx Title: Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
OAK HILL CREDIT PARTNERS I,
LIMITED, | |||||||
| By: |
OAK HILL CLO MANAGEMENT I,
LLC, as Investment Manager | |||||||
| By: |
/s/ XXXXX X.
XXXXX | |||||||
| Name: Xxxxx X. Xxxxx Title:
Authorized Signatory | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
FIRSTRUST BANK | |||||||
| By: |
/S/ XXXXX X.
XXXXXX | |||||||
| Name: Xxxxx X. Xxxxxx Title:
Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXXXXXX BANK | |||||||
| By: |
/S/ XXXX
XXXXXXXX | |||||||
| Name: Xxxx Xxxxxxxx Title:
Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
IKB DEUTSCHE INDUSTRIEBANK AG Luxembourg Branch | |||||||
| By: |
/S/ XXXXXXX
XXXXXXX | |||||||
| Name: Xxxxxxx Xxxxxxx Title:
Director | ||||||||
| By: |
/S/
| |||||||
| Name: Xx. Xxxxx Xxxxxx Title:
Head of Structured Finance | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
AIMCO CDO SERIES 2000-A | |||||||
| By: |
/S/ XXXXX
XXXXXXx Name: Xxxxx
Xxxxxxx Title: Authorized Signatory | |||||||
| By: |
/S/ XXXXX X. XXXXXXx Name: Xxxxx X. Xxxxxxx Title: Authorized Signatory | |||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
AIMCO CLO SERIES 2001-A | |||||||
| By: |
/s/ XXXXX
XXXXXXX Xxxxx
Xxxxxxx | |||||||
| Title: Authorized Signatory | ||||||||
| By: |
/S/ XXXXX X.
XXXXXXX | |||||||
| Name: Xxxxx X. Xxxxxxx Title:
Authorized Signatory |
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To
Approve the Amendment:
| Name of Institution |
ALLSTATE LIFE INSURANCE COMPANY
| |||||||
| By: |
/S/ XXXXX
XXXXXXX Name: Xxxxx Xxxxxxx
Title: Authorized Signatory | |||||||
| By: |
/S/ XXXXX X.
XXXXXXX Name: Xxxxx X.
Xxxxxxx Title: Authorized Signatory | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
CENTURION CDO II, LTD. | |||||||
| By: |
American Express Asset Management Group Inc. as Collateral Manager | |||||||
| By: |
/S/ XXXXXX X.
XXXXXX Name: Xxxxxx X.
Xxxxxx Title: Managing Director | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
CENTURION CDO VI, LTD., | |||||||
| By: |
American Express Asset Management Group Inc. as Collateral Manager | |||||||
| By: |
/S/ XXXXXX X.
XXXXXX | |||||||
| Name: Xxxxxx X. Xxxxxx Title: Managing Director | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
KZH CYPRESSTREE-1 LLC | |||||||
| By: |
/S/ XXXXX
XXXXXX-XXXXXX | |||||||
| Name: Xxxxx Xxxxxx-Xxxxxx Title: Authorized Agent | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
KZH ING-2 LLC | |||||||
| By: |
/S/ XXXXX
XXXXXX-XXXXXX | |||||||
| Name: Xxxxx Xxxxxx-Xxxxxx Title: Authorized Agent | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
KZH STERLING LLC | |||||||
| By: |
/S/ XXXXX
XXXXXX-XXXXXX | |||||||
| Name: Xxxxx Xxxxxx-Xxxxxx Title: Authorized Agent | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
SEQUILS-CENTURION V. LTD. | |||||||
| By: |
American Express Asset Management Group Inc. as Collateral Manager | |||||||
| By: |
/S/ XXXXXX X.
XXXXXX | |||||||
| Name: Xxxxxx X. Xxxxxx Title:
Managing Director | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
SANKATY ADVISORS, LLC, as Collateral Manager for Castle Hill I—Ingots,
Ltd., as Term Lender | |||||||
| By: |
/S/ XXXXX X.
XXXXX | |||||||
| Name: Xxxxx X. Xxxxx Title:
Managing Director Portfolio Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
SANKATY ADVISORS, LLC, as Collateral Manager for Castle Hill II—Ingots,
Ltd., as Term Lender | |||||||
| By: |
/S/ XXXXX X.
XXXXX | |||||||
| Name: Xxxxx X. Xxxxx Title:
Managing Director Portfolio Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
SANKATY ADVISORS, LLC, as Collateral Manager for Great Point CLO 1999-1 Ltd.,
as Term Lender | |||||||
| By: |
/S/ XXXXX X.
XXXXX | |||||||
| Name: Xxxxx X. Xxxxx Title:
Managing Director Portfolio Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
HARBOUR TOWN FUNDING TRUST | |||||||
| By: |
/S/ XXX X.
XXXXXX | |||||||
| Name: Xxx X. Xxxxxx Title:
Authorized Agent | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
HARBOUR TOWN FUNDING LLC | |||||||
| By: |
/S/ XXX X.
XXXXXX | |||||||
| Name: Xxx X. Xxxxxx Title:
Asst. Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
SANKATY ADVISORS, LLC, as Collateral Manager for Race Point CLO, Limited, as
Term Lender Company Name | |||||||
| By: |
/S/ XXXXX X.
XXXXX | |||||||
| Name: Xxxxx X. Xxxxx | ||||||||
| Title: Managing Director | ||||||||
| Portfolio Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
SANKATY ADVISORS, LLC, as Collateral Manager for Xxxxx Point II CBO 2000-1
LTD, as Term Lender | |||||||
| By: |
/S/ XXXXX X.
XXXXX | |||||||
| Name: Xxxxx X. Xxxxx | ||||||||
| Title: Managing Director | ||||||||
| Portfolio Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
SANKATY HIGH YIELD PARTNERS III, L.P.
| |||||||
| By: |
/S/ XXXXX X.
XXXXX | |||||||
| Name: Xxxxx X. Xxxxx | ||||||||
| Title: Managing Director | ||||||||
| Portfolio Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
CARLYLE HIGH YIELD PARTNERS II,
LTD., | |||||||
| By: |
/s/ XXXXX XXXX
| |||||||
| Name: Xxxxx Xxxx | ||||||||
| Title: Principal | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
CARLYLE HIGH YIELD PARTNERS IV, LTD.,
| |||||||
| By: |
/s/ XXXXX XXXX
| |||||||
| Name: Xxxxx Xxxx | ||||||||
| Title: Principal | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
SIERRA CLO I, | |||||||
| By: |
/s/ XXXX X.
XXXXXXXXX | |||||||
| Name: Xxxx X. Xxxxxxxxx | ||||||||
| Title: Chief Operating Officer | ||||||||
| Centre Pacific LLP (Manager) | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
WINGED FOOT FUNDING TRUST, |
|||||||
| By: |
/s/ XXX X.
XXXXXX | |||||||
| Name: Xxx X. Xxxxxx | ||||||||
| Title: Authorized Agent | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
LCM I LIMITED PARTNERSHIP, | |||||||
| By: |
Lyon Capital Management LLC, as Attorney-in-Fact | |||||||
| By: |
/s/ FARBOUD
TAVANGAR | |||||||
| Name: Farboud Tavangar | ||||||||
| Title: Senior Portfolio Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
CYPRESSTREE INVESTMENT MANAGEMENT COMPANY,
INC., | |||||||
| As: |
Attorney-in-Fact and on behalf of First Allmerica Financial Life Insurance Company as Portfolio Manager | |||||||
| By: |
/s/ XXXXXXX
XXXXXX | |||||||
| Name: Xxxxxxx Xxxxxx | ||||||||
| Title: Principal | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
CYPRESSTREE INVESTMENT PARTNERS I, LTD.
| |||||||
| By: |
CypressTree Investment Management Company, Inc., as Portfolio Manager | |||||||
| By: |
/s/ XXXXXXX
XXXXXX | |||||||
| Name: Xxxxxxx Xxxxxx | ||||||||
| Title: Principal | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
BRYN MAWR CLO, LTD., | |||||||
| By: |
Deerfield Capital Management LLC, as its | |||||||
| Collateral Manager | ||||||||
| By: |
/S/ XXXX X.
XXXXXXXXX | |||||||
| Name: Xxxx X. Xxxxxxxxx Title:
Senior Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
ROSEMONT CLO, LTD., | |||||||
| By: |
Deerfield Capital Management LLC, as its | |||||||
| Collateral Manager | ||||||||
| By: |
/S/ XXXX X.
XXXXXXXXX | |||||||
| Name: Xxxx X. Xxxxxxxxx Title: Senior Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
MUIRFIELD TRADING LLC, | |||||||
| By: |
/S/ XXX X.
XXXXXX | |||||||
| Name: Xxx X. Xxxxxx Title:
Assistant Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
OLYMPIC FUNDING TRUST, SERIES
1999-1, | |||||||
| By: |
/S/ XXX X.
XXXXXX | |||||||
| Name: Xxx X. Xxxxxx Title:
Authorized Agent | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 4, 2002
To Approve the Amendment:
| Name of Institution |
SEQUILS-CUMBERLAND I, LTD., | |||||||
| By: |
Deerfield Capital Management LLC as its Collateral | |||||||
| Manager | ||||||||
| By: |
/S/ XXXX X.
XXXXXXXXX | |||||||
| Name: Xxxx X. Xxxxxxxxx Title:
Senior Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
FLAGSHIP CLO II, | |||||||
| By: Flagship Capital Management | ||||||||
| By: |
/S/ XXXX X.
XXXXXXXXX | |||||||
| Name: Xxxx X. Xxxxxxxxx Title:
Director | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXXXXX FINANCIAL, INC. | |||||||
| By: |
/S/ XXXXXX X.
XXXXXXX | |||||||
| Name: Xxxxxx X. Xxxxxxx Title: Duly Authorized Signatory | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
PROMETHEUS INVESTMENT FUNDING NO. 1
LTD., | |||||||
| By: |
HVB Credit Advisors LLC | |||||||
| By: |
/S/ XXXXXX X.
XXXXX | |||||||
| Name: Xxxxxx X. Xxxxx Title: Director | ||||||||
| By: |
/S/ XXXXXXXXX
XXXXXXXXX | |||||||
| Name: Xxxxxxxxx Xxxxxxxxx Title: Managing Director Chief Investment Officer | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
SMOKY RIVER CDO, L.P., | |||||||
| By: |
RBC Leveraged Capital as Portfolio Advisor | |||||||
| By: |
/S/ XXXXXXX
XXXXXX Name: Xxxxxxx
Xxxxxx Title: Director | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
ARCHIMEDES FUNDING II, LTD., | |||||||
| By: |
ING CAPITAL ADVISORS LLC, as Collateral Manager | |||||||
| By: |
/S/ XXXXXX
XXXX Name: Xxxxxx
Xxxx Title: Senior Vice President & Portfolio Manager | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
ING-ORYX CLO, LTD. | |||||||
| By: |
ING CAPITAL ADVISORS LLC, as Collateral Manager | |||||||
| By: |
/S/ XXXXXX
XXXX Name: Xxxxxx
Xxxx Title: Senior Vice President & Portfolio Manager | |||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
BALANCED HIGH-YIELD FUND I, LTD.,
| |||||||
| By: |
ING CAPITAL ADVISORS LLC, as Asset Manager | |||||||
| By: |
/s/ XXXXXX XXXX
| |||||||
| Name: Xxxxxx Xxxx | ||||||||
| Title: Senior Vice President & Portfolio Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
KATONAH I, LTD., | |||||||
| By: |
/S/ XXXXX XXXXX
XXXXX | |||||||
| Name: Xxxxx Xxxxx Xxxxx Title: Authorized Officer Katonah Capital, L.L.C. as Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
KATONAH III, LTD., | |||||||
| By: |
/S/ XXXXX XXXXX
XXXXX | |||||||
| Name: Xxxxx Xxxxx Xxxxx Title:
Authorized Officer Katonah Capital, L.L.C. as
Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
MAPLEWOOD (CAYMAN) LIMITED, | |||||||
| By: Xxxxx X. Xxxxxx & Company Inc., under delegated authority from Massachusetts Mutual Life Insurance Company as Investment Manager | ||||||||
| By: |
/S/ XXXXX
XXXXX | |||||||
| Name: Xxxxx Xxxxx Title:
Managing Director | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, | |||||||
| By: |
Xxxxx X. Xxxxxx & Company Inc., | |||||||
| as Investment Adviser | ||||||||
| By: |
/S/ Xxxxx Xxxxx | |||||||
| Name: Xxxxx Xxxxx Title:
Managing Director | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
METROPOLITAN LIFE INSURANCE COMPANY,
| |||||||
| By: |
/s/ XXXXX X.
XXXXXXX | |||||||
| Name: Xxxxx X. Xxxxxxx | ||||||||
| Title: Director | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
MONY CAPITAL MANAGEMENT INC., |
|||||||
| By: |
/s/ XXXXXXX
XXXXXXX | |||||||
| Name: Xxxxxxx Xxxxxxx | ||||||||
| Title: Senior Managing Director | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXXXXX XXXXXXX PRIME INCOME
TRUST, | |||||||
| By: |
/s/ XXXXXX X.
XXXXXXXX | |||||||
| Name: Xxxxxx X. Xxxxxxxx | ||||||||
| Title: Executive Director | ||||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
NOMURA BOND & LOAN FUND, |
|||||||
| By: |
UFJ TRUST COMPANY OF NEW YORK, as Trustee | |||||||
| By: |
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. Attorney-in-Fact |
|||||||
| By: |
/s/ XXXXXXXXX XXXXXXX
| |||||||
| Name: Xxxxxxxxx XxxXxxx | ||||||||
| Title: Vice President | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
CLYDESDALE CLO 2001-1, LTD., | |||||||
| By: |
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC., as Collateral Manager
| |||||||
| By: |
/S/ XXXXXXXXX
XXXXXXX Name: Xxxxxxxxx
XxxXxxx Title: Vice President | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
OAK HILL SECURITIES FUND II, L.P.
| |||||||
| By: |
Oak Hill Securities GenPar II, L.P. its General Partner | |||||||
| By: |
Oak Hill Securities MGP II, Inc., its General Partner | |||||||
| By: |
/S/ XXXXX X.
XXXXX Name: Xxxxx X.
Xxxxx Title: Vice President | |||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
OCTAGON INVESTMENT PARTNERS II, LLC, | |||||||
| By: |
Octagon Credit Investors, LLC as sub-investment manager | |||||||
| By: |
/S/ XXXXXXX X.
XXXXXXXXX | |||||||
| Name: Xxxxxxx X. Xxxxxxxxx | ||||||||
| Title: Portfolio Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
OCTAGON INVESTMENT PARTNERS III, LTD., | |||||
| By: |
OCTAGON CREDIT INVESTORS, LLC, as Portfolio Manager | |||||
| By: |
/S/ XXXXXXX X.
XXXXXXXXX Name: Xxxxxxx X. Xxxxxxxxx Title: Portfolio Manager | |||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
OCTAGON INVESTMENT PARTNERS IV, LTD., | |||||||
| By: |
OCTAGON CREDIT INVESTORS, LLC, as Collateral Manager | |||||||
| By: |
/S/ XXXXXXX X.
XXXXXXXXX Name:
Xxxxxxx X. Xxxxxxxxx Title: Portfolio Manager | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
OCTAGON INVESTMENT PARTNERS IV, LTD., | |||||||
| By: |
OCTAGON CREDIT INVESTORS, LLC, as Portfolio Manager | |||||||
| By: |
/S/ XXXXXXX X.
XXXXXXXXX Name:
Xxxxxxx X. Xxxxxxxxx Title: Portfolio Manager | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
PILGRIM CLO 1999-1 LTD., | |||||||
| By: |
ING INVESTMENTS, LLC, as its Investment Manager | |||||||
| By: |
/S/ XXXXXXX X.
XXXXXXX Name: Xxxxxxx X. XxXxxxx, CFA Title: Vice President | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
ML CLO XII PILGRIM AMERICA (CAYMAN)
LTD, | |||||||
| By: |
ING INVESTMENTS, LLC, as its Investment Manager | |||||||
| By: |
/S/ XXXXXXX X.
XXXXXXX Name: Xxxxxxx X. XxXxxxx, CFA Title: Vice President | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
ING PRIME RATE TRUST, | |||||||
| By: |
ING INVESTMENTS, LLC, as its Investment Manager | |||||||
| By: |
/S/ XXXXXXX X.
XXXXXXX Name: Xxxxxxx X. XxXxxxx, CFA Title: Vice President | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXXXXXXXX CLO, LTD., | |||||||
| By: |
XXXXXXXXX CAPITAL PARTNERS LLC, as its Collateral Manager | |||||||
| By: |
/S/ XXXXXXXXXXX X.
XXXXX Name: Xxxxxxxxxxx X. Xxxxx Title: Partner | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
WINDSOR LOAN FUNDING, LIMITED, | |||||||
| By: |
XXXXXXXXX CAPITAL PARTNERS LLC, as its Investment Manager | |||||||
| By: |
/S/ XXXXXXXXXXX X.
XXXXX Name: Xxxxxxxxxxx X. Xxxxx Title: Partner | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXXXXXXXX ARBITRAGE CDO, LTD., | |||||||
| By: |
XXXXXXXXX CAPITAL PARTNERS LLC, as its Collateral Manager | |||||||
| By: |
/S/ XXXXXXXXXXX X.
XXXXX Name: Xxxxxxxxxxx X. Xxxxx Title: Partner | |||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXXXXXXXX CARRERA CLO, LTD., | |||||||
| By: |
XXXXXXXXX CAPITAL PARTNERS LLC, as its Interim Asset Manager | |||||||
| By: |
/S/ XXXXXXXXXXX X.
XXXXX Name:
Xxxxxxxxxxx X. Xxxxx Title: Partner | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXXXXXXXX QUATTRO CLO, LTD., | |||||||
| By: |
XXXXXXXXX CAPITAL PARTNERS LLC, as its Collateral Manager | |||||||
| By: |
/S/ XXXXXXXXXXX X.
XXXXX Name: Xxxxxxxxxxx
X. Xxxxx Title: Partner | |||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXXXXXXX CDO, LTD., | |||||||
| By: |
XXXXXXXXX CAPITAL PARTNERS LLC, as its Collateral Manager | |||||||
| By: |
/S/ XXXXXXXXXXX X.
XXXXX Name: Xxxxxxxxxxx
X. Xxxxx Title: Partner | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
SUNAMERICA SENIOR FLOATING RATE
FUND INC., | |||||||
| By: |
XXXXXXXXX CAPITAL PARTNERS LLC, as Subadvisor | |||||||
| By: |
/S/ XXXXXXXXXXX X.
XXXXX Name: Xxxxxxxxxxx
X. Xxxxx Title: Partner | |||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
AURUM CLO 2002-1 LTD., | |||||||
| by: |
XXXXX XXX & XXXXXXX INCORPORATED, | |||||||
| as Investment Manager | ||||||||
| by: |
/S/ XXXXX
X. XXXXXXX | |||||||
| Name: Xxxxx X. Xxxxxxx | ||||||||
| Title: Sr. Vice President & Portfolio | ||||||||
| Manager | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
LIBERTY FLOATING RATE ADVANTAGE
FUND, | |||||||
| By: |
XXXXX XXX & FARNHAM INCORPORATED, as Advisor | |||||||
| By: |
/S/ XXXXX X.
XXXXXXX Name: Xxxxx X.
Xxxxxxx Title: Sr. Vice President & Portfolio Manager | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
| To Approve the Amendment: |
GALAXY CLO 1999-1 LTD., | |||||||
| Name of Institution |
By: |
/S/ W. XXXXXXX XXXXXX
| ||||||
| Name: W. Xxxxxxx Xxxxxx Title: Authorized Agent | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
| To Approve the Amendment: |
||||||||
| Name of Institution |
KZH SOLEIL LLC | |||||||
| By: |
/s/ Xxxxx Xxxxxx-Xxxxxx | |||||||
| Name: Xxxxx Xxxxxx-Xxxxxx Title: Authorized Agent | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
| To Approve the Amendment: |
||||||||
| Name of Institution |
KZH SOLEIL-2 LLC | |||||||
| By: |
/S/ XXXXX
XXXXXX-XXXXXX | |||||||
| Name: Xxxxx Xxxxxx-Xxxxxx Title: Authorized Agent | ||||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXX XXXXXX CLO I, LIMITED, |
|||||||
| By: |
Xxx Xxxxxx Investment Advisory Corp., as Collateral Manager | |||||||
| By: |
/S/ XXXX X.
XXXXXX Name: Xxxx X.
Xxxxxx Title: Vice President | |||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXX XXXXXX CLO II, LIMITED, | |||||||
| By: |
Xxx Xxxxxx Investment Advisory Corp., as Collateral Manager | |||||||
| By: |
/S/ XXXX X. XXXXXX Name: Xxxx X. Xxxxxx Title: Vice President | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXX XXXXXX PRIME RATE INCOME
TRUST, | |||||||
| By: |
Xxx Xxxxxx Investment Advisory Corp. | |||||||
| By: |
/S/ XXXXXXXXX
XXXXXXXX Name: Xxxxxxxxx Xxxxxxxx Title: Vice President | |||||||
SIGNATURE PAGE TO
AMENDMENT,
DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXX XXXXXX SENIOR FLOATING RATE
FUND, | |||||||
| By: |
Xxx Xxxxxx Investment Advisory Corp. | |||||||
| By: |
/S/ XXXXXX X. XXXXXX Name: Xxxxxx X. Xxxxxx Title: Executive Director | |||||||
SIGNATURE PAGE TO
AMENDMENT, DATED AS OF
NOVEMBER 6, 2002
To Approve the Amendment:
| Name of Institution |
XXX XXXXXX SENIOR INCOME
TRUST, | |||||||
| By: |
Xxx Xxxxxx Investment Advisory Corp. | |||||||
| By: |
/S/ XXXXXXXXX
XXXXXXXX Name: Xxxxxxxxx Xxxxxxxx Title: Vice President | |||||||
SCHEDULE 6.05(i)(A)
PLIANT CORPORATION
CREDIT AGREEMENT
Amendment No. 4
November 6, 2002
Section 6.05(i)(A) investments in Joint Ventures and Unrestricted Subsidiaries
| Pliant Investment, Inc. |
$ |
5,300,0001 | |
| Alliant Company, LLC |
$ |
375,0002 |
1Investment in Pliant Investment , Inc. by Pliant Corporation.
2 Investment in Alliant Company, LLC by Pliant Investment, Inc., an Unrestricted Subsidiary.
