SECOND AMENDMENT
Exhibit 10.1
SECOND AMENDMENT
SECOND AMENDMENT, dated as of March 18, 2010 (this “Amendment”), to the Credit Agreement, dated as of March 7, 2007 (as amended, supplemented or modified from time to time, the “Credit Agreement”), among Domtar Corporation, a Delaware corporation (the “Parent Borrower”), Domtar Paper Company, LLC, a Delaware limited liability company, Domtar Inc., a Canadian corporation, the banks and other financial institutions or entities from time to time party thereto, Bank of America, N.A., Royal Bank of Canada and The Bank of Nova Scotia, as co-documentation agents, Xxxxxx Xxxxxxx Senior Funding, Inc., as syndication agent, and JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the “Administrative Agent”).
W I T N E S S E T H:
WHEREAS, the Parent Borrower has requested that amendments be made to the Credit Agreement as provided herein; and
WHEREAS, the Administrative Agent and the Lenders are willing to effect such amendments, but only on the terms and conditions set forth herein.
NOW, THEREFORE, the parties hereto hereby agree as follows:
I. Defined Terms. Terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement.
II. Amendment to Section 7.14 (Optional Payments and Modifications of Certain Debt Instruments) of the Credit Agreement. Section 7.14 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
The Parent Borrower will not, and will not permit any of its Subsidiaries to, (a) make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to Material Indebtedness other than with the proceeds of, or in exchange for, Permitted Refinancing Indebtedness; or (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Material Indebtedness or any Permitted Refinancing Indebtedness if any such amendment, modification or waiver or other change, taken as a whole, is materially adverse to the interests of the Lenders, except the Parent Borrower and any of its Subsidiaries may, at any time and from time to time, make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to all or a portion of the 7.875% Debentures due 2011, the 5.375% Notes due 2013, the 7.125% Notes due 2015, the 9.5% Notes due 2016 and the 10.75% Notes due 2017 so long as, at the time thereof and after giving effect thereto (including, for the avoidance of doubt, the use of proceeds of any Revolving Loans or Swingline Loans borrowed in connection therewith), (i) the Consolidated Senior Secured Leverage Ratio determined on a pro forma basis is equal to or less than 1.50 to 1.00, (ii) the aggregate Available Revolving Commitments is equal to or more than 50% of the Revolving Commitments and (iii) no Default or Event of Default shall have occurred and be continuing.
III. Conditions to Effectiveness. This Amendment shall become effective on the date (the “Amendment Effective Date”) when the Borrowers, the Administrative Agent and the Required Lenders shall have executed and delivered this Amendment to the Administrative Agent.
2
IV. General.
1. Consideration. The Parent Borrower agrees to pay to the Administrative Agent for the account of each Lender that executes and delivers its signature page to the Administrative Agent no later than 5:00 p.m. (ET) on March 19, 2010 an amendment fee equal to 0.25% of such Lender’s Revolving Commitment and Term Loans then outstanding, with such payment to be made no later than March 22, 2010.
2. Representations and Warranties. To induce the Lenders to enter into this Amendment, the Borrowers hereby represent and warrant to all of the Lenders as of the Amendment Effective Date (after giving effect to this Amendment) that:
(a) No Default or Event of Default shall have occurred and be continuing; and
(b) The representations and warranties made by any Loan Party in and pursuant to the Loan Documents are true and correct in all material respects, after giving effect to this Amendment, on and as of the Amendment Effective Date as if made on and as of the Amendment Effective Date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date.
3. Payment of Expenses. The Parent Borrower agrees to pay and reimburse the Administrative Agent for all of its reasonable out-of-pocket costs and expenses incurred in connection with this Amendment, including without limitation, the reasonable fees and disbursement of one primary counsel to the Administrative Agent (and if necessary or, in the reasonable judgment of the Administrative Agent, advisable, one local counsel in each relevant jurisdiction (which, for the avoidance of doubt, may include Canada)).
4. No Other Modifications; Confirmation. Except as expressly modified hereby, the provisions of the Credit Agreement are and shall remain in full force and effect. Nothing herein shall be deemed to entitle the Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any Loan Document in similar or different circumstances.
5. Governing Law; Counterparts.
(a) This Amendment and the rights and obligations of the parties hereto shall be governed by, and construed and interpreted in accordance with, the laws of the State of New York.
(b) This Amendment may be executed by one or more of the parties to this Amendment on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Amendment by facsimile transmission shall be effective as delivery of a manually executed counterpart hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered by their respective proper and duly authorized officers as of the day and year first above written.
[Lender Signature Pages Provided Separately]
BANK OF AMERICA, N.A., as Co-Documentation Agent and as a Lender | ||
By: | /s/ Xxxxxxx Xxxxx | |
Name: Title: |
Xxxxxxx Xxxxx Senior Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
ROYAL BANK OF CANADA, as Co-Documentation Agent and as a Lender | ||
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxxx Attorney In Fact |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
THE BANK OF NOVA SCOTIA, as Co-Documentation Agent and as a Lender | ||
By: | /s/ X.X. Xxxx | |
Name: Title: |
X.X. Xxxx Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
XXXXXX XXXXXXX SENIOR FUNDING, INC., as Syndication Agent and as a Lender | ||
By: | /s/ Xxxx Xxxxxx | |
Name: Title: |
Xxxx Xxxxxx Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
JPMORGAN CHASE BANK, N.A., as Administrative Agent and as a Lender | ||
By: | /s/ Xxxxx X. Xxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxx Executive Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Genesis CLO 2007-I Ltd. As a Lender | ||
By: | Ore Hill Partners as Collateral Manager | |
By: | /s/ Xxxxxx Xxxx | |
Name: Title: |
Xxxxxx Xxxx General Counsel |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Rabobank Nederland, Canadian Branch | ||
By: | /s/ Xxx Xxxxx | |
Name: Title: |
Xxx Xxxxx Vice President | |
By: |
/s/ Xxxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxxx X. Xxxxxxx Executive Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
The Sumitomo Trust and Banking Co., Ltd., New York Branch | ||
By: | /s/ Xxxxxxx X. Xxxxx | |
Name: Title: |
Xxxxxxx X. Xxxxx Senior Director |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
LANDESBANK BADEN-WURTTEMBERG, NEW YORK AND/OR CAYMAN ISLANDS BRANCH | ||
By: | /s/ Xxxxxxxx Xxxxxxxx | |
Name: Title: |
Xxxxxxxx Xxxxxxxx VP | |
By: |
/s/ Xxxx Xxxxxx | |
Name: Title: |
Xxxx Xxxxxx AVP |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
ACA CLO 2005-1, LTD By its investment adviser Apidos Capital Management, LLC. | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxx Managing Director |
ACA CLO 2006-1, LTD. By its investment adviser Apidos Capital Management, LLC. | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxx Managing Director |
ACA CLO 2006-2, LTD. By its investment adviser Apidos Capital Management, LLC. | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxx Managing Director |
ACA CLO 2007-1, LTD. By its investment adviser Apidos Capital Management, LLC. | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxx Managing Director |
Apidos CDO I By its investment adviser Apidos Capital Management, LLC. | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxx Managing Director |
Apidos CDO II By its investment adviser Apidos Capital Management, LLC. | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxx Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Apidos CDO III By its investment adviser Apidos Capital Management, LLC. | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxx Managing Director |
Apidos CDO IV By its investment adviser Apidos Capital Management, LLC. | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxx Managing Director |
Apidos Quattro CDO By its investment adviser Apidos Capital Management, LLC. | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxx Managing Director |
Apidos CDO V By its investment adviser Apidos Capital Management, LLC. | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxx Managing Director |
Apidos Cinco CDO By its investment adviser Apidos Capital Management, LLC. | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxx Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
XXXXXXX XXXXX CREDIT PARTNERS L.P. | ||
By: | /s/ Xxxxxx Xxxxxx | |
Name: Title: |
Xxxxxx Xxxxxx Authorized Signatory |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
BLUEMOUNTAIN CLO I LTD. | ||
By: | BLUEMOUNTAIN CAPITAL MANAGEMENT LLC. | |
Its Collateral Manager | ||
By: | /s/ Xxxxxxx Xxxxxxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxxxxxx Associate |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
BLUEMOUNTAIN CLO II LTD. | ||
By: | BLUEMOUNTAIN CAPITAL MANAGEMENT LLC. | |
Its Collateral Manager | ||
By: | /s/ Xxxxxxx Xxxxxxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxxxxxx Associate |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
BLUEMOUNTAIN CLO III LTD. | ||
By: | BLUEMOUNTAIN CAPITAL MANAGEMENT LLC. | |
Its Collateral Manager | ||
By: | /s/ Xxxxxxx Xxxxxxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxxxxxx Associate |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
BABSON CLO LTD. 2004-II BABSON CLO LTD. 2004-I BABSON CLO LTD. 2005-II BABSON CLO LTD. 2005-I SAPPHIRE VALLEY CDO I, LTD. SUFFIELD CLO, LIMITED BABSON CLO LTD. 2005-III BABSON CLO LTD. 2006-I BABSON CLO LTD. 2006-II BABSON CLO LTD. 2007-I BABSON CLO LTD. 2008-I BABSON CLO LTD. 2008-II BABSON LOAN OPPORTUNITY CLO, LTD | ||
By: | Babson Capital Management LLC as Collateral Manager | |
By: | /s/ Xxxxx XxXxxxxx | |
Xxxxx XxXxxxxx Director |
MAPLEWOOD (CAYMAN) LIMITED CASCADE INVESTMENT L.L.C | ||
By: | Babson Capital Management LLC as Investment Manager | |
By: | /s/ Xxxxx XxXxxxxx | |
Xxxxx XxXxxxxx Director |
MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY MASSMUTUAL ASIA LIMITED XXXX & XXXXXXX XXXXX FOUNDATION TRUST C.M. LIFE INSURANCE COMPANY | ||
By: | Babson Capital Management LLC as Investment Adviser | |
By: | /s/ Xxxxx XxXxxxxx | |
Xxxxx XxXxxxxx Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
LATITUDE CLO II, LTD | ||
By: | /s/ Xxxx Xxxxxxx | |
Name: Title: |
Xxxx Xxxxxxx Senior Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
LATITUDE CLO III, LTD | ||
By: | /s/ Xxxx Xxxxxxx | |
Name: Title: |
Xxxx Xxxxxxx Senior Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
WhiteHorse I, Ltd. |
By WhiteHorse Capital Partners L.P. As collateral manager |
By WhiteRock Asset Advisor, LLC, its G.P. |
By: | /s/ Xxx Xxxxxxx | |
Name: Title: |
Xxx Xxxxxxx, CFA Portfolio Manager |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
WhiteHorse II, Ltd. |
By WhiteHorse Capital Partners L.P. As collateral manager |
By WhiteRock Asset Advisor, LLC, its G.P. |
By: | /s/ Xxx Xxxxxxx | |
Name: Title: |
Xxx Xxxxxxx, CFA Portfolio Manager |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
WhiteHorse V, Ltd. |
By WhiteHorse Capital Partners L.P. As collateral manager |
By WhiteRock Asset Advisor, LLC, its G.P. |
By: | /s/ Xxx Xxxxxxx | |
Name: Title: |
Xxx Xxxxxxx, CFA Portfolio Manager |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Del Mar CLO I, Ltd | ||
By: Xxxxxxx-Xxxxxx Capital Management As Collateral Manager |
By: | /s/ Xxx Xxxxx | |
Name: Title: |
Xxx Xxxxx Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
DEUTSCHE BANK TRUST COMPANY AMERICAS | ||
By: | /s/ Xxxxxxx Xxxxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxxxx Vice President | |
By: | /s/ Xxxx Xxxxxxxxx | |
Name: Title: |
Xxxx Xxxxxxxxx Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Monumental Life Insurance Company [Name of Lender] | ||
By: | /s/ Xxxx Xxxxxx | |
Name: Title: |
Xxxx Xxxxxx Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Avenue CLO IV, LTD. Avenue CLO V, LTD. Avenue CLO VI, LTD. | ||
By: | ING Alternative Asset Management LLC, as its investment manager | |
By: | /s/ Xxxxx X Xxxxxx | |
Name: Title: |
Xxxxx X Xxxxxx Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
ColumbusNova CLO Ltd. 2006-II |
[Name of Lender] |
By: | /s/ Xxxxxxxx Xxxxxxxx | |
Name: Title: |
Xxxxxxxx Xxxxxxxx Associate Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
ColumbusNova CLO Ltd. 2007-I |
[Name of Lender] |
By: | /s/ Xxxxxxxx Xxxxxxxx | |
Name: Title: |
Xxxxxxxx Xxxxxxxx Associate Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
ColumbusNova CLO IV Ltd. 2007-II |
[Name of Lender] |
By: | /s/ Xxxxxxxx Xxxxxxxx | |
Name: Title: |
Xxxxxxxx Xxxxxxxx Associate Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
CREDIT SUISSE LOAN FUNDING LLC Name of Lender | ||
By: | /s/ Xxx Xxxxxx | |
Name: Title: |
Xxx Xxxxxx Authorized Signatory |
By: | /s/ Xxxxxx Xxxxxx | |
Name: Title: |
Xxxxxx Xxxxxx Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
LightPoint CLO III, Ltd [Name of Lender] By Xxxxxxxxx Xxxxxx Fixed Income LLC as collateral manager for the lender | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Title: |
Xxxxx Xxxxxx Authorized Signatory |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
LightPoint CLO IV, Ltd [Name of Lender] By Xxxxxxxxx Xxxxxx Fixed Income LLC as collateral manager for the lender | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Title: |
Xxxxx Xxxxxx Authorized Signatory |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
LightPoint CLO V, Ltd [Name of Lender] By Xxxxxxxxx Xxxxxx Fixed Income LLC as collateral manager for the lender | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Title: |
Xxxxx Xxxxxx Authorized Signatory |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
LightPoint CLO VII, Ltd [Name of Lender] By Xxxxxxxxx Xxxxxx Fixed Income LLC as collateral manager for the lender | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Title: |
Xxxxx Xxxxxx Authorized Signatory |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
LightPoint CLO VIII, Ltd [Name of Lender] By Xxxxxxxxx Xxxxxx Fixed Income LLC as collateral manager for the lender | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Title: |
Xxxxx Xxxxxx Authorized Signatory |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Airlie CLO 2006-I, Ltd [Name of Lender] By Xxxxxxxxx Xxxxxx Fixed Income LLC as collateral manager for the lender | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: Title: |
Xxxxx Xxxxxx Authorized Signatory |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Mega International Commercial Bank Co., Ltd. New York Branch | ||
By: | /s/ Xxxxxxxxx Xxxxx | |
Name: Title: |
Xxxxxxxxx Xxxxx VP & DGM |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
NAVIGARE FUNDING I CLO LTD By: Navigare Partners LLC Its collateral manager | ||
By: | /s/ Xxxx X. Xxxxxxxxxxx | |
Name: | Xxxx X. Xxxxxxxxxxx | |
Title: | Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
NAVIGARE FUNDING II CLO LTD By: Navigare Partners LLC as collateral manager | ||
By: | /s/ Xxxx X. Xxxxxxxxxxx | |
Name: | Xxxx X. Xxxxxxxxxxx | |
Title: | Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
NAVIGARE FUNDING III CLO LTD By: Navigare Partners LLC as collateral manager | ||
By: | /s/ Xxxx X. Xxxxxxxxxxx | |
Name: | Xxxx X. Xxxxxxxxxxx | |
Title: | Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
[Name of Lender] | ||
FIRST TRUST/FOUR CORNERS SENIOR FLOATING RATE INCOME FUND By: Four Corners Capital Management, LLC As Sub-Adviser | ||
By: | /s/ Xxxx Xxxxxxxxxx | |
Xxxx Xxxxxxxxxx | ||
Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
[Name of Lender] | ||
FIRST TRUST/FOUR CORNERS SENIOR FLOATING RATE INCOME FUND II By: Four Corners Capital Management, LLC As Sub-Adviser | ||
By: | /s/ Xxxx Xxxxxxxxxx | |
Xxxx Xxxxxxxxxx | ||
Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
[Name of Lender] | ||
FOUR CORNERS CLO 2005-I, Ltd. By: Four Corners Capital Management, LLC As Collateral Manager | ||
By: | /s/ Xxxx Xxxxxxxxxx | |
Xxxx Xxxxxxxxxx | ||
Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
[Name of Lender] | ||
FOUR CORNERS CLO III, Ltd. By: Macquarie Funds Group FKA Four Corners Capital Management, LLC As Collateral Manager | ||
Title: | Vice President | |
By: | /s/ Xxxx Xxxxxxxxxx | |
Name: | Xxxx Xxxxxxxxxx |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Franklin CLO VI, Limited | ||
By: | /s/ Guang Xxxx Xx | |
Name: | Guang Xxxx Xx, Franklin Advisers, Inc. as Collateral Manager | |
Title: | Vice President | |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: | ||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Franklin Floating Rate Daily Access Fund | ||
By: | /s/ Xxxxxxx Xxx | |
Name: | Xxxxxxx Xxx | |
Title: | Vice President | |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: | ||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Franklin Floating Rate Master Series | ||
By: | /s/ Xxxxxxx Xxx | |
Name: | Xxxxxxx Xxx | |
Title: | Vice President | |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: | ||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Franklin Xxxxxxxxx Series II Funds Franklin Floating Rate II Fund | ||
By: | /s/ Xxxxxxx Xxx | |
Name: Title: |
Xxxxxxx Xxx Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
PROTECTIVE LIFE INSURANCE COMPANY | ||
By: | /s/ Xxxxx Xxxxxxx | |
Name: Title: |
Xxxxx Xxxxxxx Assistant Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
CITIBANK, N.A. as a Lender | ||
By: | /s/ Xxxxxx X. Van | |
Name: Title: |
Xxxxxx X. Van Managing Director 000-000-0000 |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
XXXXXX XXXXXXX BANK, N.A., as Lender, | ||
By: | /s/ Xxxx Xxxxxx | |
Name: Title: |
Xxxx Xxxxxx Authorized Signatory |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
QUALCOMM Global Trading, Inc. By: Xxxxxx Xxxxxxx Investment Management Inc. as Investment Manager | ||
By: | /s/ Xxxx Xxxxxxx | |
Name: Title: |
Xxxx Xxxxxxx Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
MSIM Peconic Bay, Ltd.. By: Xxxxxx Xxxxxxx Investment Management Inc. as Collateral Manager | ||
By: | /s/ Xxxx Xxxxxxx | |
Name: Title: |
Xxxx Xxxxxxx Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Xxxxxx Xxxxxxx Investment Management Croton, Ltd. By: Xxxxxx Xxxxxxx Investment Management Inc. as Collateral Manager | ||
By: | /s/ Xxxx Xxxxxxx | |
Name: Title: |
Xxxx Xxxxxxx Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Confluent 3 Limited By: Xxxxxx Xxxxxxx Investment Management Inc. as Investment Manager | ||
By: | /s/ Xxxx Xxxxxxx | |
Name: Title: |
Xxxx Xxxxxxx Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Ameriprise Certificate | ||
Company | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Assistant Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
California Public Employees’ Retirement System By: RiverSource Investments, LLC, its agent | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Assistant Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Cent CDO 10 Limited By: RiverSource Investments, LLC as Collateral Manager | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Director of Operations |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Cent CDO XI, Limited By: RiverSource Investments, LLC as Collateral Manager | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Director of Operations |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Cent CDO 12 Limited By: RiverSource Investments, LLC as Collateral Manager | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Director of Operations |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Cent CDO 14 Limited By: RiverSource Investments, LLC as Collateral Manager | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Director of Operations |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Cent CDO 15 Limited By: RiverSource Investments, LLC as Collateral Manager | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Assistant Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Centurion CDO VI, Ltd. By: RiverSource Investments, LLC as Collateral Manager | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Director of Operations |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Centurion CDO VII Limited By: RiverSource Investments, LLC as Collateral Manager | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Director of Operations |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Centurion CDO 8 Limited By: RiverSource Investments, LLC as Collateral Manager | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Director of Operations |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Centurion CDO 9, Limited By: RiverSource Investments, LLC as Collateral Manager | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Director of Operations |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
RiverSource Institutional Leveraged Loan Fund II, L.P. By: RiverSource Investments, LLC As Investment Manager | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Director of Operations |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
RiverSource Strategic Allocation Series, Inc. - RiverSource Strategic Income Allocation Fund | ||
By: | /s/ Xxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxxx Assistant Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | N/A | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
CIBC INC. | ||
By: | /s/ Xxxxxxx X. Xxxxxxxx | |
Name: Title: |
Xxxxxxx X. Xxxxxxxx Executive Director | |
CIBC World Markets Corp. Authorized Signatory |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
XXXXX FARGO ADVANTAGE SHORT-TERM HIGH YIELD BOND FUND [Name of Lender] | ||
XXXXX CAPITAL MANAGEMENT | ||
By: | /s/ Xxxxxxx X. Xxxxxxxxx III | |
Name: Title: |
Xxxxxxx X. Xxxxxxxxx III Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
CITIBANK, N.A., Canadian Branch | ||
By: | /s/ Xxxxxxxx Xxxx | |
Name: Title: |
Xxxxxxxx Xxxx Authorized Officer |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
ERSTE GROUP BANK AG, | ||
By: | /s/ Xxxxxxx X. Xxxxxxxx | |
Name: Title: |
Xxxxxxx X. Xxxxxxxx Director Erst Group Bank AG |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | /s/ Xxxxx X. Xxxxx | |
Name: Title: |
Xxxxx X. Xxxxx Executive Director Erst Group Bank AG |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
BOSTON HARBOR CLO 2004-1, Ltd. | ||
/s/ Xxxx Xxxxx | ||
By: Title: |
Xxxx Xxxxx V.P. |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Galaxy III CLO, Ltd By: PineBridge Investments LLC. its Collateral Manager
Galaxy VI CLO, LTD By: PineBridge Investments LLC. its Collateral Manager
Galaxy VIII CLO, LTD By: PineBridge Investments LLC. its Collateral Manager | ||
[Name of Lenders] | ||
By: | /s/ Xxxxxx X. Oh | |
Name: Title: |
Xxxxxx X. Oh Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Farm Credit Services of America, PCA | ||
By: | /s/ Xxxxx Xxxx | |
Name: Title: |
Xxxxx Xxxx Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
FARM CREDIT BANK OF TEXAS | ||
By: | /s/ Xxxxx X. Xxxxxx | |
Name: Title: |
Xxxxx X. Xxxxxx Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
CANADIAN IMPERIAL BANK OF COMMERCE | ||
By: | /s/ Xxxxx Xxxxxxx | |
Name: Title: |
Xxxxx Xxxxxxx Executive Director |
By: | /s/ Xxxx Xxxxxxxx | |
Name: Title: |
Xxxx Xxxxxxxx Executive Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
XXXXXXX XXXXX BANK, FSB | ||
By: | /s/ Xxxxx Xxxxxxx | |
Name: Title: |
Xxxxx Xxxxxxx VP |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
DEUTSCHE BANK AG, CANADA BRANCH [Name of Lender] | ||
By: | /s/ Xxx X’Xxxx | |
Name: Title: |
Xxx X’Xxxx Director |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | /s/ Xxxxxxxxx Xxxxx | |
Name: Title: |
Xxxxxxxxx Xxxxx Assistant Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
NATIONAL BANK OF CANADA | ||
By: | /s/ Xxxx Xxxxxx | |
Name: Title: |
Xxxx Xxxxxx Directeur - Director |
By: | /s/ Xxxxx Xxxxx | |
Name: Title: |
Xxxxx Xxxxx Directeur - Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
General Electric Capital Corporation |
By: | /s/ Xxxx Xxxxxx | |
Name: Title: |
Xxxx Xxxxxx Duly Authorized Signatory |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Fidelity Advisor Series I: Fidelity Advisor Floating Rate High Income Fund | ||
By: | /s/ Xxxxxxx Xxxxxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxxxxx Deputy Treasurer |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Four Corners CLO II, Ltd. |
[Name of Lender] |
By: | /s/ Xxxxxxx X. Xxxx | |
Name: Title |
Xxxxxxx X. Xxxx Assistant Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | NA | |
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
DZ BANK AG Deutsche Zentral-Genossenschaftsbank Frankfurt am Main New York Branch | ||
By: | /s/ Xxxx Xxxxxxxxxxx | |
Name: Title: |
Xxxx Xxxxxxxxxxx Vice President | |
By: | /s/ Xxxxxx Xxxxxx | |
Name: Title: |
Xxxxxx Xxxxxx Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Ares Management LLC
ARES IIIR/IVR CLO LTD.
BY: ARES CLO MANAGEMENT IIIR/IVR, L.P., ITS ASSET MANAGER
BY: ARES CLO GP IIIR/IVR, LLC, ITS GENERAL PARTNER
BY: ARES MANAGEMENT LLC, ITS MANAGER |
ARES VIR CLO LTD.
BY: ARES CLO MANAGEMENT VIR, L.P., ITS INVESTMENT MANAGER
BY: ARES CLO GP VIR, LLC, ITS GENERAL PARTNER
BY: ARES MANAGEMENT LLC, ITS MANAGER | |||||||
By: | /s/ Xxxx X. Xxxxxxx | By: | /s/ Xxxx X. Xxxxxxx | |||||
Name: Title: |
Xxxx X. Xxxxxxx Authorized Signatory |
Name: Title: |
Xxxx X. Xxxxxxx Authorized Signatory |
ARES IX CLO LTD.
BY: ARES CLO MANAGEMENT IX, L.P., ITS INVESTMENT MANAGER
BY: ARES CLO GP IX, LLC, ITS GENERAL PARTNER
BY: ARES MANAGEMENT LLC, ITS MANAGER |
ARES X CLO LTD.
BY: ARES CLO MANAGEMENT X, L.P., ITS INVESTMENT MANAGER
BY: ARES CLO GP X, LLC, ITS GENERAL PARTNER
BY: ARES MANAGEMENT LLC, ITS MANAGER | |||||||
By: | /s/ Xxxx X. Xxxxxxx | By: | /s/ Xxxx X. Xxxxxxx | |||||
Name: Title: |
Xxxx X. Xxxxxxx Authorized Signatory |
Name: Title: |
Xxxx X. Xxxxxxx Authorized Signatory |
ARES XI CLO LTD.
BY: ARES CLO MANAGEMENT XI, L.P., ITS ASSET MANAGER
BY: ARES CLO GP XI, LLC, ITS GENERAL PARTNER
BY: ARES MANAGEMENT LLC, ITS MANAGER |
ARES XII CLO LTD.
BY: ARES CLO MANAGEMENT XII, L.P., ITS ASSET MANAGER
BY: ARES CLO GP XII, LLC, ITS GENERAL PARTNER
BY: ARES MANAGEMENT LLC, ITS MANAGER | |||||||
By: | /s/ Xxxx X. Xxxxxxx | By: | /s/ Xxxx X. Xxxxxxx | |||||
Name: Title: |
Xxxx X. Xxxxxxx Authorized Signatory |
Name: Title: |
Xxxx X. Xxxxxxx Authorized Signatory |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
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: ARES MANAGEMENT LLC, ITS MANAGER |
ARES ENHANCED LOAN INVESTMENT STRATEGY IR LTD.
BY: ARES ENHANCED LOAN MANAGEMENT IR, L.P., AS PORTFOLIO MANAGER
BY: ARES ENHANCED LOAN IR GP, LLC, ITS GENERAL PARTNER
BY: ARES MANAGEMENT LLC, ITS MANAGER | |||||||
By: | /s/ Xxxx X. Xxxxxxx | By: | /s/ Xxxx X. Xxxxxxx | |||||
Name: Title: |
Xxxx X. Xxxxxxx Authorized Signatory |
Name: Title: |
Xxxx X. Xxxxxxx Authorized Signatory |
ARES ENHANCED LOAN INVESTMENT STRATEGY II, LTD.
BY: ARES ENHANCED LOAN MANAGEMENT II, L.P., ITS PORTFOLIO MANAGER
BY: ARES ENHANCED LOAN II GP, LLC, ITS GENERAL PARTNER
BY: ARES MANAGEMENT LLC, ITS MANAGER |
ARES ENHANCED LOAN INVESTMENT STRATEGY III LTD.
BY: ARES ENHANCED LOAN MANAGEMENT III, L.P., ITS PORTFOLIO MANAGER
BY: ARES ENHANCED LOAN III GP, LLC, ITS GENERAL PARTNER
BY: ARES MANAGEMENT LLC, ITS MANAGER | |||||||
By: | /s/ Xxxx X. Xxxxxxx | By: | /s/ Xxxx X. Xxxxxxx | |||||
Name: Title: |
Xxxx X. Xxxxxxx Authorized Signatory |
Name: Title: |
Xxxx X. Xxxxxxx Authorized Signatory |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
WESTLB AG, NEW YORK BRANCH as a Lender | ||
By: | /s/ Xxxxxx Xxxxxxxxx | |
Name: | Xxxxxx Xxxxxxxxx | |
Title: | Executive Director |
By: | /s/ Xxxxxxx XxXxxxx | |
Name: | Xxxxxxx XxXxxxx | |
Title: | Manager |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
BANK OF MONTREAL | ||
By: | /s/ Xxxxxxx Xxxxxx | |
Name: | Xxxxxxx Xxxxxx | |
Title: | Associate |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | /s/ Xxxxx Xxxxx | |
Name: | Xxxxx Xxxxx | |
Title: | Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
BANK OF MONTREAL, CHICAGO BRANCH | ||
By: | /s/ Xxxxxx X. Xxxxxx | |
Name: | Xxxxxx X. Xxxxxx | |
Title: | Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
TORONTO DOMINION (TEXAS) LLC as U.S. Lender | ||
By: | /s/ Xxxxxx Xxxxxxx | |
Name: Title: |
Xxxxxx Xxxxxxx Authorized Signatory |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Clydesdale CLO 2006, Ltd. | ||||||
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. AS INVESTMENT MANAGER |
By: | /s/ Xxxxxxx X. Xxxxxxx | ||||
Name: Title: |
Xxxxxxx X. Xxxxxxx Managing Director |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||||||
By: | ||||||
Name: | ||||||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Clydesdale CLO 2005, Ltd. | ||||||
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. AS INVESTMENT MANAGER |
By: | /s/ Xxxxxxx X. Xxxxxxx | ||||
Name: Title: |
Xxxxxxx X. Xxxxxxx Managing Director |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||||||
By: | ||||||
Name: | ||||||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Clydesdale Strategic CLO I, Ltd. | ||||||
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. AS INVESTMENT MANAGER |
By: | /s/ Xxxxxxx X. Xxxxxxx | ||||
Name: Title: |
Xxxxxxx X. Xxxxxxx Managing Director |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||||||
By: | ||||||
Name: | ||||||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Clydesdale CLO 2004, Ltd. | ||||||
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. AS INVESTMENT MANAGER |
By: | /s/ Xxxxxxx X. Xxxxxxx | ||||
Name: Title: |
Xxxxxxx X. Xxxxxxx Managing Director |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||||||
By: | ||||||
Name: | ||||||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
VENTURE II CDO 2002, LIMITED By its investment advisor, MJX Asset Management LLC, as a Lender | ||
By: | /s/ Xxxx Xxxxx | |
Name: | Xxxx Xxxxx | |
Title: | Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
VENTURE III CDO LIMITED By its investment advisor, MJX Asset Management LLC, as a Lender | ||
By: | /s/ Xxxx Xxxxx | |
Name: | Xxxx Xxxxx | |
Title: | Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
VENTURE IV CDO LIMITED By its investment advisor, MJX Asset Management LLC, as a Lender | ||
By: | /s/ Xxxx Xxxxx | |
Name: | Xxxx Xxxxx | |
Title: | Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
VENTURE V CDO LIMITED By its investment advisor, MJX Asset Management LLC, as a Lender | ||
By: | /s/ Xxxx Xxxxx | |
Name: | Xxxx Xxxxx | |
Title: | Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
VENTURE VI CDO LIMITED By its investment advisor, MJX Asset Management LLC, as a Lender | ||
By: | /s/ Xxxx Xxxxx | |
Name: | Xxxx Xxxxx | |
Title: | Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
VENTURE VII CDO LIMITED By its investment advisor, MJX Asset Management LLC, as a Lender | ||
By: | /s/ Xxxx Xxxxx | |
Name: | Xxxx Xxxxx | |
Title: | Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
VENTURE VIII CDO LIMITED By its investment advisor, MJX Asset Management LLC, as a Lender | ||
By: | /s/ Xxxx Xxxxx | |
Name: | Xxxx Xxxxx | |
Title: | Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
VENTURE IX CDO LIMITED By its investment advisor, MJX Asset Management LLC, as a Lender | ||
By: | /s/ Xxxx Xxxxx | |
Name: | Xxxx Xxxxx | |
Title: | Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
VISTA LEVERAGED INCOME FUND By its investment advisor, MJX Asset Management LLC, as a Lender | ||
By: | /s/ Xxxx Xxxxx | |
Name: | Xxxx Xxxxx | |
Title: | Managing Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
WG HORIZONS CLO I | ||
By: | West Gate Horizons Advisors LLC, as Investment Manager | |
By: | /s/ Xxxxxx Xxxxx | |
Name: | Xxxxxx Xxxxx | |
Title: | Senior Credit Analyst |
OCEAN TRAILS CLO II | ||
By: | West Gate Horizons Advisors LLC, as Investment Manager | |
By: | /s/ Xxxxxx Xxxxx | |
Name: | Xxxxxx Xxxxx | |
Title: | Senior Credit Analyst |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
NATIONAL BANK OF CANADA, NEW YORK BRANCH [Name of Lender] | ||
By: | /s/ Xxxxx Xxxxxxxx | |
Name: | Xxxxx Xxxxxxxx | |
Title: | Assistant Vice President | |
Loan Administration |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | /s/ Xxxxxxx Xxxxxxxxxxx | |
Name: | Xxxxxxx Xxxxxxxxxxx | |
Title: | Vice President | |
National Bank of Canada | ||
00 Xxxx 00xx Xxxxxx | ||
Xxx Xxxx, XX 00000 | ||
000-000-0000 |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Caisse centrale Xxxxxxxxxx Us Branch | ||
[Name of Lender] | ||
By: | /s/ Xxxxxx Xxxxxxxxx | |
Name: | Xxxxxx Xxxxxxxxx | |
Title: | Vice-President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: | ||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Deutsche Bank AG New York Branch, as a Lender | ||
By: | DB Services New Jersey, Inc. | |
By: | /s/ Xxxxxx Xxxxxxxx | |
Name: | Xxxxxx Xxxxxxxx | |
Title: | Vice President | |
By: | /s/ Xxxxxxx X. Xxxxxxx | |
Name: | Xxxxxxx X. Xxxxxxx | |
Title: | Assistant Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
The Bank of New York Mellon [Name of Lender] | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: | Xxxxx Xxxxxx | |
Title: | V.P. | |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: | ||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
XXXXXXXX FLOATING RATE FUND, LLC [Name of Lender] | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: | Xxxxx Xxxxxx | |
Title: | V. P. | |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: | ||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
AVENUE CLO II, LTD. AVENUE CLO III, LTD.
| ||
[Name of Lender] | ||
By: | /s/ Xxxxxx Xxxxxxxxxxxx | |
Name: | Xxxxxx Xxxxxxxxxxxx | |
Title: | Portfolio Manager | |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: | ||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
LMP Corporate Loan Fund, Inc. | ||
By: | Citi Alternative Investments LLC | |
By: | /s/ Xxxxx Xxx | |
Name: | Xxxxx Xxx | |
Title: | VP |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Fortis Bank SA/NV, New York Branch | ||
By: | /s/ Xxxx X. Xxxxxx | |
Name: | Xxxx X. Xxxxxx | |
Title: | Director & Group Head | |
By: | /s/ Xxxx Xxxxxx | |
Name: | Xxxx Xxxxxx | |
Title: | Director |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
1776 CLO I, LTD. | ||
By: | /s/ Xxx Xxxxxx | |
Name: | Xxx Xxxxxx | |
Title: | Authorized Signatory | |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: | ||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Credit Suisse Syndicated Loan Fund By: Credit Suisse Alternative Capital Inc., as Agent (Subadvisor) for Credit Suisse Asset Management (Australia) Limited, the Responsible Entity for Credit Suisse Syndicated Loan Fund
| ||
[Name of Lender] | ||
By: | Xxxxx X. Xxxxxx | |
Name: | Xxxxx X. Xxxxxx | |
Title: | Authorized Signatory | |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: | ||
Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Xxxxxx Commercial Paper Inc. [Name of Lender] | ||
By: | /s/ Xxxxx Xxxxxxxx | |
Name: Title: |
Xxxxx Xxxxxxxx Authorized Signatory |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
OWS CLO I LTD One Wall Street CLO II LTD Pacifica CDO III LTD Pacifica CDO V LTD Pacifica CDO VI LTD | ||
By: | /s/ Xxxxxx X. Xxxxxxx | |
Name: Title: |
Xxxxxx X. Xxxxxxx Managing Director |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
AMMC CLO V, LIMITED | ||
By: | American Money Management Corp., as Collateral Manager | |
By: | /s/ Xxxxxxx X. Eng | |
Name: Title: |
Xxxxxxx X. Eng Senior Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
AMMC CLO VI, LIMITED | ||
By: | American Money Management Corp., as Collateral Manager | |
By: | /s/ Xxxxxxx X. Eng | |
Name: Title: |
Xxxxxxx X. Eng Senior Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
AMMC VII, LIMITED | ||
By: | American Money Management Corp., as Collateral Manager | |
By: | /s/ Xxxxxxx X. Eng | |
Name: Title: |
Xxxxxxx X. Eng Senior Vice President |
FOR LENDERS WHICH REQUIRE A SECOND SIGNATURE: | ||
By: | ||
Name: Title: |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
CoBank, ACB | ||
By: | /s/ Xxxxxxx Xxxxxxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxxxxxx Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
Xxxxxxxxx CLO, Ltd.
| ||
By: | Xxxxxxxx Capital Management, Inc., as Investment Manager | |
By: | /s/ Xxxxxxx X. Xxxxxxxxx | |
Name: Title: |
Xxxxxxx X. Xxxxxxxxx Executive Vice President |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
JFIN CLO 2007, LTD. By: Jefferies Finance LLC as Collateral Manager | ||
Name: | /s/ Xxxxxxx X. Xxxxxxxx | |
Title | Xxxxxxx X. Xxxxxxxx Closing Manager |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
IN WITNESS WHEREOF, the undersigned Borrowers have caused this Amendment to be executed and delivered by their duly authorized officers as of the date first above written and the Subsidiary Guarantors hereby consent and agree to this Amendment as of the date hereof and reaffirm their obligations under the Loan Documents to which they are party.
[Loan Parties Pages Provided Separately]
DOMTAR CORPORATION, as Parent Borrower | ||
By: | /s/ Xxxxxxx Xxxxxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxxxxx Senior Vice-President, Law and Corporate Affairs | |
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: Title: |
Xxxxxx X. Xxxxxxxx Vice-President, Corporate Law and Secretary |
DOMTAR PAPER COMPANY, LLC, as Subsidiary Borrower | ||
By: | /s/ Xxxxxxx Xxxxxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxxxxx Manager | |
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: Title: |
Xxxxxx X. Xxxxxxxx Secretary |
DOMTAR INC., as Canadian Borrower | ||
By: | /s/ Xxxxxxx Xxxxxxxxx | |
Name: Title: |
Xxxxxxx Xxxxxxxxx Senior Vice-President, Law and Corporate Affairs | |
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: Title: |
Xxxxxx X. Xxxxxxxx Vice-President, Corporate Law and Secretary |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
CONBORD INC., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
DOMTAR A. W. LLC, as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
DOMTAR INDUSTRIES INC., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
DOMTAR MAINE LLC, as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
DOMTAR WISCONSIN DAM CORP., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
X.X. XXXX PAPER, INC. as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
PORT HURON FIBER CORPORATION, as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
RIS PAPER COMPANY, INC. as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
ST. CROIX WATER POWER COMPANY, as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
804736 ONTARIO LIMITED, as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
3804011 CANADA INC., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
3876420 CANADA INC., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
4177495 CANADA INC., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
4388216 CANADA INC., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Vice-President and Secretary |
BROMPTON LANDS LIMITED, as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
DOMTAR (CANADA) PAPER INC./PAPIER DOMTAR (CANADA) INC., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Vice-President and Secretary |
DOMTAR EXPETECH INC., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
DOMTAR INC., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Vice-President, Corporate Law and Secretary |
DOMTAR PACIFIC PAPERS ULC, as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
DOMTAR PULP AND PAPER PRODUCTS INC./PRODUITS XX XXXXX ET PAPIERS DOMTAR INC., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
SOCIÉTÉ IMMOBILIÈRE DOMTAR LTÉE/DOMTAR REALTIES LTD., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
XXXXXXX XXX LIMITED, as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
MAINE TIMBER HOLDINGS LIMITED, as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
THE XXXXXXX’X FALLS MANUFACTURING COMPANY (LIMITED), as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
TECHNI-THERM INC., as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT
THE SAINT CROIX WATER POWER COMPANY, as Subsidiary Guarantor | ||
By: | /s/ Xxxxxx X. Xxxxxxxx | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
SIGNATURE PAGE – SECOND AMENDMENT TO DOMTAR CREDIT AGREEMENT