SECOND AMENDMENT
Exhibit 10.1.1.4
EXECUTION COPY
SECOND AMENDMENT
SECOND AMENDMENT, dated as of September 25, 2006 (this “Amendment”), to the Amended and Restated Revolving Credit, Term Loan and Guarantee Agreement, dated as of February 23, 2006 (as heretofore amended, supplemented or otherwise modified, the “Credit Agreement”), among (i) CALPINE CORPORATION (the “Borrower”), (ii) the subsidiaries of the Borrower named therein (the “Guarantors”), (iii) CREDIT SUISSE SECURITIES (USA) LLC and DEUTSCHE BANK SECURITIES INC. (“DBSI”), as joint syndication agents (in such capacities, collectively, the “Syndication Agents”), (iv) DEUTSCHE BANK TRUST COMPANY AMERICAS (“DB”), as administrative agent for the First Priority Lenders hereunder (in such capacity and including any successors, the “First Priority Agent”), (v) GENERAL ELECTRIC CAPITAL CORPORATION (including its successors, “GE Capital”), as Sub-Agent for the Revolving Lenders hereunder (in such capacity and including any successors, the “Sub-Agent”), (vi) CREDIT SUISSE (“CS”), as administrative agent for the Second Priority Term Lenders hereunder (in such capacity and including any successors, the “Second Priority Agent”), (vii) LANDESBANK HESSEN THÜRINGEN GIROZENTRALE, NEW YORK BRANCH, GE CAPITAL and HSH NORDBANK AG, NEW YORK BRANCH, as joint documentation agents for the First Priority Lenders hereunder, and BAYERISCHE LANDESBANK, GE CAPITAL and UNION BANK OF CALIFORNIA, N.A., as joint documentation agents for the Second Priority Lenders hereunder (in such capacities and including any successors, collectively, the “Documentation Agents”), and (viii) each of the financial institutions from time to time party hereto (collectively, the “Lenders”).
W I T N E S S E T H :
WHEREAS, the Borrower, the Lenders and the Agents are parties to the Credit Agreement;
WHEREAS, the Borrower has requested that the Lenders agree to amend certain provisions of the Credit Agreement as set forth below; and
WHEREAS, the Lenders have agreed to such requested amendments, but only upon the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual agreements contained herein, and for other valuable consideration the receipt of which is hereby acknowledged, the Borrower, the Lenders and the Administrative Agents hereby agree as follows:
SECTION 1. DEFINITIONS. Unless otherwise defined herein, capitalized terms are used herein as defined in the Credit Agreement.
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SECTION 2. |
AMENDMENTS. |
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2.1 |
Amendments to Section 1.1. |
(a) Section 1.1 of the Credit Agreement is hereby amended by deleting the definitions of “Asset Sale” and “L/C Commitment” and inserting in lieu thereof the following new definitions, respectively:
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““Asset Sale”: any Disposition of property or series of related Dispositions of property (excluding any such Disposition permitted by clause (a), (b), (c), (d), (e), (f) or (g) of Section 6.5 (or any Disposition of the type described in such clauses if undertaken by a Global Entity which is neither a Loan Party or a Material Subsidiary)), and including the entry by any Global Entity into any Contractual Obligation for the sale of any property when such contractual obligation has resulted in a payment for such property prior to the delivery thereof, that yields gross proceeds to any Global Entity (valued at the initial principal amount thereof in the case of non-cash proceeds consisting of notes or other debt securities and valued at fair market value in the case of other non-cash proceeds) in excess of $1,000,000.”
““L/C Commitment”: $375,000,000.”; and
(b) Section 1.1 of the Credit Agreement is hereby amended by adding the following new defined terms in their appropriate alphabetical order:
““BLB Facility”: means The Letter of Credit Agreement, dated as of September 30, 2004, as amended, between Calpine Corporation as the Borrower and Bayerische Landesbank, acting through its Cayman Islands Branch as Issuer.”
““Greenfield Project Partnership”: means Greenfield Energy Centre LP, a limited partnership, the limited partners of which consist of Calpine Greenfield Commercial Trust, an indirect wholly-owned Non-Debtor Subsidiary of the Borrower, and MIT Power Canada LP Inc.”
““RockGen”: the meaning set forth in Section 6.10.”
““RockGen Reserve Account”: the meaning set forth in Section 6.10.”
““Second Amendment Effective Date”: has the meaning set forth in the Second Amendment, dated as of September 25, 2006, to this Agreement.”
““Trading Order”: the final order of the Bankruptcy Court entered on the docket in the Cases on February 9, 2006, authorizing the Debtors to (i) continue to honor prepetition trading contracts, (ii) enter into new postpetition trading contracts, (iii) pledge collateral under prepetition and postpetition trading contracts and (iv) assume certain prepetition trading contracts.”
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2.2 |
Amendments to Section 5.1. |
(a) Section 5.1(a) of the Credit Agreement is hereby amended by adding the following the new proviso at the end thereof:
“; provided that, the ninety (90) day period for the fiscal years ending after December 31, 2005 may be extended to one hundred and five (105) days by the Administrative Agents acting in their reasonable discretion; and”
(b) Section 5.1(b) of the Credit Agreement is hereby amended by deleting the proviso at the end thereof and inserting in lieu thereof the following new proviso:
“provided that the forty-five (45) day period for each fiscal quarter may be extended to sixty (60) days by the Administrative Agents acting in their reasonable discretion; and”
(c) Section 5.1(c) of the Credit Agreement is hereby amended by deleting the proviso at the end thereof and inserting in lieu thereof the following new proviso:
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“provided that the thirty (30) day period for each fiscal month may be extended to forty-five (45) days by the Administrative Agents acting in their reasonable discretion;”.
2.3 Amendment to Section 6.2(d). Section 6.2(d) of the Credit Agreement is hereby amended by adding at the end thereof the following new proviso:
“; provided that, for the avoidance of doubt, Liens on cash deposits provided as collateral for trading contracts pursuant to the terms of the Trading Order shall be first priority Liens in accordance with, and subject to the terms of, the Trading Order;”.
2.4 Amendments to Section 6.3. Section 6.3 of the Credit Agreement is hereby amended by deleting the word “and” at the end of clause (f) therein and by adding immediately after clause (g) therein a new clause (h) as follows:
“(h) Guarantee Obligations as a result of the issuance of the replacement Letters of Credit issued in respect of the BLB Facility permitted under Section 6.7(m).”
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2.5 |
Amendments to Section 6.7. |
Section 6.7 of the Credit Agreement is hereby amended by deleting the word “and” at the end of clause (k) therein and adding immediately after clause (k) therein new clauses (l), (m) and (n) as follows:
“(l) Investments from and including the Second Amendment Effective Date to December 31, 2006 by the Borrower, either directly or indirectly, in Calpine Greenfield Commercial Trust solely to finance the Greenfield Project Partnership, provided that the aggregate amount of any such Investments shall not exceed $45,000,000;”
“(m) the Borrower may cause the Letters of Credit identified on Schedule 6.7(m) to be issued hereunder to support the obligations of Credit Parties that are not Loan Parties in an aggregate amount not to exceed $60,284,165.30; provided that, in each case, such Letters of Credit shall be for the sole purpose of replacing the letters of credit outstanding under the BLB Facility as of the Second Amendment Effective Date; and”
“(n) Investments by one Global Entity in another Global Entity constituting Dispositions permitted under Section 6.5.”
2.6 Amendment to Section 6.10. Section 6.10 of the Credit Agreement is hereby amended by (i) deleting the word “and” at the end of clause (a) therein and replacing it with a comma, (ii) deleting the period at the end of clause (b) therein and (iii) adding immediately after clause (b) therein a new clause (c) as follows:
“; and (c) notwithstanding the preceding provisions of this Section 6.10 or the provisions of Section 6.20, (A) RockGen Energy LLC (“RockGen”) may maintain one or more segregated reserve accounts (collectively, the “RockGen Reserve Account”) (i) the only deposits into which shall be post-Petition Date revenues initially received by RockGen from operations in the ordinary course of business (including any such revenues which following their receipt may have been initially deposited into the Concentration Account) which RockGen is required or permitted to set aside as reserves under its existing or future agreements with its project lessors and such project lessors’ debtholders and/or their representatives and (ii) from which amounts may be withdrawn from time to time (whether or not a Default or Event of Default hereunder has occurred and is continuing) to satisfy capital and operating
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expenses and other obligations owed by RockGen to its project lessors and such project lessors’ debtholders and/or their representatives, (B) the RockGen Reserve Account and amounts deposited thereto shall not be subject to the cash management concentration requirements of this Section 6.10 or Section 6.20 and shall constitute “restricted cash” for purposes of such sections and (C) the lien and security interest of the Lenders, the Collateral Agent and the Administrative Agents in the RockGen Reserve Account and amounts deposited from time to time therein shall be junior to any lien and security interest in such account and such amounts that may exist from time to time in favor of RockGen’s project lessors and project lenders.”
2.7 Addition of new Schedule. Schedule 6.7(m), in the form attached hereto as Exhibit A, is hereby added to the Credit Agreement.
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SECTION 3. |
CONDITIONS PRECEDENT. |
3.1 Effective Date. This Amendment shall become effective as of the date first set forth above (the “Second Amendment Effective Date”) following the date on which all of the following conditions have been satisfied or waived:
(a) Execution and Delivery. The Administrative Agents shall have received counterparts of this Amendment duly executed by (A) the Borrower and the Guarantors, (B) the Fronting Bank and (C) the Required Lenders;
(b) Amendment Fee. The Administrative Agents shall have received (i) payment, for distribution to each Lender that has signed and delivered this Agreement to the Administrative Agents by not later than 3:00 p.m. (New York City time) on September 22, 2006 (or such later time or date as agreed by the Borrower and the Administrative Agents), an amendment fee equal to 0.05% of the Aggregate Outstandings of such Lender then in effect.
(c) Fees and Expenses. The Administrative Agents shall have received all fees and accrued expenses of the Administrative Agents (including invoiced fees and expenses of legal counsel to the Administrative Agents) required to be paid by the Borrower; and
(d) No Default. After giving effect to this Amendment, there shall be no Default or Event of Default.
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SECTION 4. |
GENERAL. |
4.1 Representations and Warranties. In order to induce the Administrative Agents and the Lenders to enter into this Amendment, the Borrower hereby represents and warrants to the Administrative Agents and the Lenders that after giving effect to this Amendment, the representations and warranties of the Borrower contained in the Credit Agreement and the other Loan Documents are true and correct in all material respects on and as of the Second Amendment Effective Date (after giving effect hereto) as if made on and as of the Second Amendment Effective Date (except where such representations and warranties expressly relate to an earlier date in which case such representations and warranties were true and correct in all material respects as of such earlier date); provided that all references to the “Credit Agreement” in any Loan Document shall be and are deemed to mean the Credit Agreement as amended hereby.
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4.2 |
Loan Document. This Amendment constitutes a Loan Document. |
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4.3 GOVERNING LAW. THIS AMENDMENT, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AMENDMENT, SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK AND, TO THE EXTENT APPLICABLE, THE BANKRUPTCY CODE.
4.4 Counterparts. This Amendment may be executed by the parties hereto in any number of separate counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument.
4.5 Consent of Guarantors. Each of the Guarantors hereby consents to the modifications to the Credit Agreement contemplated hereby.
4.6 Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the Borrower and the Guarantors and each of their respective successors and assigns, and upon the Administrative Agents and the Lenders and their successors and assigns. The execution and delivery of this Amendment by any Lender prior to the Second Amendment Effective Date shall be binding upon its successors and assigns and shall be effective as to any loans or commitments assigned to it after such execution and delivery.
4.7 Limited Effect. Except as expressly modified by this Amendment, the Credit Agreement and the other Loan Documents are ratified and confirmed and are, and shall continue to be, in full force and effect in accordance with their respective terms. Each Loan Party acknowledges and agrees that such Loan Party is truly and justly indebted to the Lenders and the Administrative Agents for the Obligations, without defense, counterclaim or offset of any kind, and such Loan Party ratifies and reaffirms the validity, enforceability and binding nature of such Obligations. The Borrower acknowledges and agrees that nothing in this Amendment shall constitute an indication of the Lenders’ willingness to consent to any other amendment or waiver of any other provision of the Credit Agreement or a waiver of any Default or Event of Default not referenced in this Amendment or for any other time period.
4.8 Headings. Section headings used in this Amendment are for convenience of reference only, are not part of this Amendment and are not to affect the constructions of, or to be taken into consideration in interpreting, this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed and delivered by their respective duly authorized officers as of the date first above written.
BORROWER:
CALPINE CORPORATION
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By: |
/s/ Xxxxxx X. Xxxxxxx |
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Name: Xxxxxx X. Xxxxxxx |
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Title: Executive Vice President |
Second Amendment
GUARANTORS:
XXXXXX ENERGY CENTER, LP
ANACAPA LAND COMPANY, LLC
XXXXXXXX SPRINGS ENERGY COMPANY
ANDROSCOGGIN ENERGY, INC.
AUBURNDALE PEAKER ENERGY CENTER, LLC
AUGUSTA DEVELOPMENT COMPANY, LLC
AVIATION FUNDING CORP.
BAYTOWN ENERGY CENTER, LP
BAYTOWN POWER GP, LLC
BAYTOWN POWER, LP
BELLINGHAM COGEN, INC.
BETHPAGE FUEL MANAGEMENT INC.
BLUE HERON ENERGY CENTER, LLC
BLUE SPRUCE HOLDINGS, LLC
BROAD RIVER ENERGY LLC
BROAD RIVER HOLDINGS, LLC
CALGEN EQUIPMENT FINANCE COMPANY, LLC
CALGEN EQUIPMENT FINANCE HOLDINGS, LLC
CALGEN EXPANSION COMPANY, LLC
CALGEN FINANCE CORPORATION
CALGEN PROJECT EQUIPMENT FINANCE COMPANY ONE,
LLC
CALGEN PROJECT EQUIPMENT FINANCE COMPANY THREE,
LLC
CALGEN PROJECT EQUIPMENT FINANCE COMPANY TWO,
LLC
CALPINE ACADIA HOLDINGS, LLC
CALPINE ADMINISTRATIVE SERVICES COMPANY, INC.
CALPINE AGNEWS, INC.
CALPINE XXXXXX ENERGY CENTER GP, LLC
CALPINE XXXXXX ENERGY CENTER LP, LLC
CALPINE AUBURNDALE HOLDINGS, LLC
CALPINE BAYTOWN ENERGY CENTER GP, LLC
CALPINE BAYTOWN ENERGY CENTER LP, LLC
CALPINE BETHPAGE 3 PIPELINE CONSTRUCTION COMPANY,
INC.
CALPINE BETHPAGE 3, LLC
CALPINE C*POWER, INC.
CALPINE CALGEN HOLDINGS, INC.
CALPINE CALIFORNIA DEVELOPMENT COMPANY, LLC
CALPINE CALIFORNIA ENERGY FINANCE, LLC
CALPINE CALIFORNIA EQUIPMENT FINANCE COMPANY,
LLC
CALPINE CALISTOGA HOLDINGS, LLC
CALPINE CENTRAL TEXAS GP, INC.
CALPINE CENTRAL, INC.
XXXXXXX XXXXXXX, X.X.
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XXXXXXX XXXXXXX-XXXXX, INC.
CALPINE CHANNEL ENERGY CENTER GP, LLC
CALPINE CHANNEL ENERGY CENTER LP, LLC
CALPINE CLEAR LAKE ENERGY GP, LLC
CALPINE CLEAR LAKE ENERGY, LP
CALPINE COGENERATION CORPORATION
CALPINE CORPUS CHRISTI ENERGY GP, LLC
CALPINE CORPUS CHRISTI ENERGY, LP
CALPINE DECATUR PIPELINE, INC.
CALPINE DECATUR PIPELINE, L.P.
CALPINE DIGHTON, INC.
CALPINE EAST FUELS, INC.
CALPINE EASTERN CORPORATION
CALPINE ENERGY SERVICES HOLDINGS, INC.
CALPINE FINANCE COMPANY
CALPINE FREESTONE ENERGY GP, LLC
CALPINE FREESTONE ENERGY, LP
CALPINE FREESTONE, LLC
CALPINE FUELS CORPORATION
CALPINE GAS HOLDINGS, LLC
CALPINE GENERATING COMPANY, LLC
CALPINE GEYSERS COMPANY, L.P.
CALPINE GILROY 1, INC.
CALPINE GILROY 2, INC.
CALPINE GILROY COGEN, L.P.
CALPINE GLOBAL SERVICES COMPANY, INC.
CALPIRIE GORDONSVILLE GP HOLDINGS, LLC
CALPINE GORDONSVILLE LP HOLDINGS, LLC
CALPINE GORDONSVILLE, LLC
CALPINE XXXXXXXXX HOLDINGS, INC.
CALPINE XXXXXXXXX, INC.
CALPINE XXXXXXX DESIGN, L.P.
CALPINE XXXXXXX ENERGY CENTER, L.P.
CALPINE XXXXXXX HOLDINGS, INC.
CALPINE XXXXXXX POWER GP, LLC
CALPINE XXXXXXX POWER, LP
CALPINE XXXXXXX, INC.
CALPINE INTERNATIONAL HOLDINGS, INC.
CALPINE INTERNATIONAL, LLC
CALPINE INVESTMENT HOLDINGS, LLC
CALPINE XXXXXXX AIRPORT, INC.
CALPINE XXXXXXX OPERATORS INC.
CALPINE KIA, INC.
CALPINE LEASING INC.
CALPINE LONG ISLAND, INC.
CALPINE LOST PINES OPERATIONS, INC.
CALPINE LOUISIANA PIPELINE COMPANY
CALPINE MAGIC VALLEY PIPELINE, INC.
CALPINE MONTEREY COGENERATION, INC.
CALPINE MVP, INC.
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XXXXXXX XXXX GP, LLC
CALPINE NCTP, LP
CALPINE NORTHBROOK CORPORATION OF MAINE, INC.
CALPINE NORTHBROOK ENERGY HOLDING, LLC
CALPINE NORTHBROOK ENERGY, LLC
CALPINE NORTHBROOK HOLDINGS CORPORATION
CALPINE NORTHBROOK INVESTORS, LLC
CALPINE NORTHBROOK PROJECT HOLDINGS, LLC
CALPINE NORTHBROOK SERVICES, LLC
CALPINE NORTHBROOK SOUTHCOAST INVESTORS, LLC
CALPINE NTC, LP
CALPINE XXXXX POWER I, LLC
CALPINE XXXXX POWER II LLC
CALPINE XXXXX POWER, L.P.
CALPINE OPERATIONS MANAGEMENT COMPANY, INC.
CALPINE PASTORIA HOLDINGS, LLC
CALPINE PHILADELPHIA, INC.
CALPINE PITTSBURG, LLC
CALPINE POWER COMPANY
CALPINE POWER EQUIPMENT LP
CALPINE POWER MANAGEMENT, INC.
CALPINE POWER MANAGEMENT, LP
CALPINE POWER, INC.
CALPINE POWERAMERICA, INC.
CALPINE POWERAMERICA - CA, LLC
CALPINE POWERAMERICA - CT, LLC
CALPINE POWERAMERICA - MA, LLC
CALPINE POWERAMERICA - ME, LLC
CALPINE POWERAMERICA - NH, LLC
CALPINE POWERAMERICA - NY, LLC
CALPINE POWERAMERICA - OR, LLC
CALPINE POWERAMERICA, LP
CALPINE PROJECT HOLDINGS, INC.
CALPINE XXXXX, INC.
CALPINE RUMFORD I, INC.
CALPINE RUMFORD, INC.
CALPINE SCHUYLKILL, INC.
CALPINE SISKIYOU GEOTHERMAL PARTNERS, L.P.
CALPINE SONORAN PIPELINE LLC
CALPINE STONY BROOK, INC.
CALPINE STONY BROOK OPERATORS, INC.
CALPINE STONY BROOK POWER MARKETING, LLC
CALPINE SUMAS, INC.
CALPINE TCCL HOLDINGS, INC.
CALPINE TEXAS PIPELINE GP, INC.
CALPINE TEXAS PIPELINE LP, INC.
CALPINE TEXAS PIPELINE, L.P.
CALPINE TIVERTON 1, INC.
CALPINE TIVERTON, INC.
CALPINE ULC I HOLDING, LLC
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CALPINE UNIVERSITY POWER, INC.
CALPINE UNRESTRICTED FUNDING, LLC
CALPINE UNRESTRICTED HOLDINGS, LLC
CALPINE VAPOR, INC.
XXXXXXXX ENERGY LLC
CCFC DEVELOPMENT COMPANY, LLC
CCFC EQUIPMENT FINANCE COMPANY, LLC
CCFC PROJECT EQUIPMENT FINANCE COMPANY ONE,
LLC
CES GP, LLC
CGC DIGHTON, LLC
CHANNEL ENERGY CENTER, LP
CHANNEL POWER GP, LLC
CHANNEL POWER, LP
CLEAR LAKE COGENERATION LIMITED PARTNERSHIP
COGENAMERICA ASIA INC.
COGENAMERICA XXXXXX SUPPLY CORP.
COLUMBIA ENERGY LLC
CORPUS CHRISTI COGENERATION L.P.
CPN 3RD TURBINE, INC.
CPN ACADIA, INC.
CPN BERKS GENERATION, INC.
CPN BERKS, LLC
CPN BETHPAGE 3RD TURBINE, INC.
CPN CASCADE, INC.
CPN CLEAR LAKE, INC.
CPN DECATUR PIPELINE, INC.
CPN ENERGY SERVICES LP, INC.
CPN FREESTONE, LLC
CPN FUNDING, INC.
CPN XXXXXX, INC.
CPN OXFORD, INC.
CPN PIPELINE COMPANY
CPN PLEASANT HILL OPERATING, LLC
CPN PLEASANT HILL, LLC
CPN POWER SERVICES GP, LLC
CPN POWER SERVICES, LP
CPN XXXXX FUNDING CORPORATION
CPN TELEPHONE FLAT, INC.
DECATUR ENERGY CENTER, LLC
DEER PARK POWER GP, LLC
DEER PARK POWER, LP
DELTA ENERGY CENTER, LLC
DIGHTON POWER ASSOCIATES LIMITED PARTNERSHIP
EAST ALTAMONT ENERGY CENTER, LLC
FOND DU LAC ENERGY CENTER, LLC
FONTANA ENERGY CENTER, LLC
FREESTONE POWER GENERATION, LP
GEC BETHPAGE INC.
GEOTHERMAL ENERGY PARTNERS LTD.
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GEYSERS POWER COMPANY II, LLC
GEYSERS POWER COMPANY, LLC
GEYSERS POWER I COMPANY
GOLDENDALE ENERGY CENTER, LLC
XXXXXXX ENERGY LLC
HILLABEE ENERGY CENTER, LLC
IDELWILD FUEL MANAGEMENT CORP.
JMC BETHPAGE, INC.
KIAC PARTNERS
LAKE WALES ENERGY CENTER, LLC
XXXXXXXX ENERGY CENTER, LLC
LONE OAK ENERGY CENTER, LLC
LOS ESTEROS CRITICAL ENERGY FACILITY, LLC
LOS MEDANOS ENERGY CENTER LLC
MAGIC VALLEY GAS PIPELINE GP, LLC
MAGIC VALLEY GAS PIPELINE, LP
MAGIC VALLEY PIPELINE, L.P.
MEP PLEASANT HILL, LLC
MOAPA ENERGY CENTER, LLC
MOBILE ENERGY LLC
MODOC POWER, INC.
XXXXXX ENERGY CENTER, LLC
MOUNT XXXXXXX GEOTHERMAL COMPANY, L.P.
MT. XXXXXX ENERGY LLC
NISSEQUOGUE COGEN PARTNERS
NORTHWEST COGENERATION, INC.
NTC FIVE, INC.
NTC GP, LLC
NUECES BAY ENERGY LLC
O.L.S. ENERGY-AGNEWS, INC.
ODYSSEY LAND ACQUISITION COMPANY
PAJARO ENERGY CENTER, LLC
PASTORIA ENERGY CENTER, LLC
PASTORIA ENERGY FACILITY, LLC
PHILADELPHIA BIOGAS SUPPLY, INC.
XXXXXX BEND ENERGY CENTER, LLC
PINE BLUFF ENERGY, LLC
POWER INVESTORS, L.L.C.
XXXXXXXX CANADA HOLDINGS, LLC
ROCKGEN ENERGY LLC
RUMFORD POWER ASSOCIATES LIMITED PARTNERSHIP
XXXXXXX CITY ENERGY CENTER, LLC
SAN XXXXXXX VALLEY ENERGY CENTER, LLC
SILVERADO GEOTHERMAL RESOURCES, INC.
SKIPANON NATURAL GAS, LLC
SOUTH POINT ENERGY CENTER, LLC
SOUTH POINT HOLDINGS, LLC
STONY BROOK COGENERATION, INC.
STONY BROOK FUEL MANAGEMENT CORP.
XXXXXX DRYERS, INC.
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XXX XXXXX XXXXXXXX
XXXXX CITY COGENERATION, L.P.
TEXAS COGENERATION COMPANY
TEXAS COGENERATION FIVE, INC.
TEXAS COGENERATION ONE COMPANY
THERMAL POWER COMPANY
TIVERTON POWER ASSOCIATES LIMITED PARTNERSHIP
TOWANTIC ENERGY, L.L.C.
VEC HOLDINGS, LLC
VENTURE ACQUISITION COMPANY
VINEYARD ENERGY CENTER, LLC
WAWAYANDA ENERGY CENTER, LLC
WHATCOM COGENERATION PARTNERS, L.P.
ZION ENERGY LLC
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By: |
/s/ Xxxxxx X. Xxxxxxx |
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Name: Xxxxxx X. Xxxxxxx |
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Title: Executive Vice President |
Second Amendment
CALPINE CONSTRUCTION MANAGEMENT COMPANY, INC.
CALPINE OPERATING SERVICES COMPANY, INC.
CALPINE POWER SERVICES, INC.
NEWSOUTH ENERGY LLC
THMASSEN TURBINE SYSTEMS AMERICA, INC.
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By: |
/s/ Xxxx X. Xxxxx |
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Name: Xxxx X. Xxxxx |
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Title: Sr. Vice President |
Second Amendment
CALPINE ENERGY SERVICES, LP
CALPINE PRODUCER SERVICES, L.P.
CPN ENERGY SERVICES GP, INC.
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By: |
/s/ Xxxxxx X. May |
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Name: Xxxxxx X. May |
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Title: President |
Second Amendment
POWER SYSTEMS MFG., LLC
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By: |
/s/ Xxxxxxx X. Xxxxx, Xx. |
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Name: Xxxxxxx X. Xxxxx, Xx. |
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Title: Chief Financial Officer |
Second Amendment
AGENTS AND LENDERS:
DEUTSCHE BANK TRUST
COMPANY AMERICAS, AS AN
ADMINISTRATIVE AGENT AND AS A LENDER
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By: |
/s/ Xxxxxx X. Xxxxxxxxxx |
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Name: Xxxxxx X. Xxxxxxxxxx |
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Title: Director |
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By: |
/s/ Xxxx X’Xxxxx |
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Name: Xxxx X’Xxxxx |
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Title: Vice President |
Second Amendment
CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as
an Administrative Agent and as a Lender
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By: |
/s/ Xxxxxx X. Xxxxxxxx |
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Name: Xxxxxx X. Xxxxxxxx |
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Title: Vice President |
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By: |
/s/ Xxxxx Xxxxx |
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Name: Xxxxx Xxxxx |
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Title: Associate |
Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Four Corners CLO II, LTD.
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By: |
/s/ Xxx Xxxxx |
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Name: Xxx Xxxxx |
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Title: Attorney-in-fact |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
KNIGHT CBNA LOAN FUNDING-
KNIGHT CFPI LOAN FUNDING LLC
Knight CBNA Loan Funding LLC, for itself or
as Agent for Knight CFPI Loan Funding LLC
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By: |
/s/ Xxx Xxxxx |
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Name: Xxx Xxxxx |
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Title: Attorney-in-fact |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
CONFLUENT 2 LIMITED
By: Ares Private Account Management I, L.P., as
Sub-Manager
By: Ares Private Account Management I GP, LLC,
as General Partner
By: Ares Management LLC, as Manager
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By: |
/s/ Xxxxxxx Xxxxxxxx |
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Name: Xxxxxxx Xxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Ares X CLO Ltd.
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By: |
/s/ Ares CLO Management X, L.P., |
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Investment Manager |
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By: |
Ares CLO GP X, LLC, |
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Its General Partner |
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By: |
/s/ Xxxxxxx Xxxxxxxx |
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Name: Xxxxxxx Xxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Ares IX CLO Ltd.
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By: |
/s/ Ares CLO Management IX, L.P., |
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Investment Manager |
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By: |
Ares CLO GP IX, LLC, |
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Its General Partner |
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By: |
/s/ Xxxxxxx Xxxxxxxx |
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Name: Xxxxxxx Xxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Ares VIII CLO Ltd.
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By: |
/s/ Ares CLO Management VIII, L.P., |
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Investment Manager |
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By: |
Ares CLO GP VIII, LLC, |
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Its General Partner |
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By: |
/s/ Xxxxxxx Xxxxxxxx |
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Name: Xxxxxxx Xxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Ares VIR CLO Ltd.
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By: |
/s/ Ares CLO Management VIR, L.P., |
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Investment Manager |
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By: |
Ares CLO GP VIR, LLC, |
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Its General Partner |
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By: |
/s/ Xxxxxxx Xxxxxxxx |
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Name: Xxxxxxx Xxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Ares VR CLO Ltd.
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By: |
/s/ Ares CLO Management VR, L.P., |
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Investment Manager |
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By: |
Ares CLO GP VR, LLC, |
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Its General Partner |
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By: |
/s/ Xxxxxxx Xxxxxxxx |
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Name: Xxxxxxx Xxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Ares IIR CLO Ltd.
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By: |
/s/ Ares CLO Management IIR, L.P., |
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Investment Manager |
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By: |
Ares CLO GP IIR, LLC, |
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Its General Partner |
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By: |
/s/ Xxxxxxx Xxxxxxxx |
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Name: Xxxxxxx Xxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
ARES ENHANCED LOAN INVESTMENT
STRATEGY II, LTD.
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By: |
/s/ Ares Enhanced Loan Management II, L.P., |
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Investment Manager |
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By: |
Ares Enhanced Loan XX XX, LLC, |
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Its General Partner |
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By: |
/s/ Xxxxxxx Xxxxxxxx |
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Name: Xxxxxxx Xxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
ARES ENHANCED LOAN INVESTMENT
STRATEGY, LTD.
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By: |
/s/ Ares Enhanced Loan Management, L.P., |
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Investment Manager |
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By: |
Ares Enhanced Loan GP, LLC, |
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Its General Partner |
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By: |
/s/ Xxxxxxx Xxxxxxxx |
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Name: Xxxxxxx Xxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
SILVERADO CLO 2006-I Limited
By: Xxxxx Capital Management as Portfolio Manager
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By: |
/s/ Xxxx Xxxxxx |
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Name: Xxxx Xxxxxx |
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|
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Title: Senior Analyst |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
XXXXX CAPITAL MANAGEMENT ACCOUNT
#00000000
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By: |
/s/ Xxxx Xxxxxx |
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Name: Xxxx Xxxxxx |
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|
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Title: Senior Analyst |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
XXXXX CAPITAL MANAGEMENT ACCOUNT
#00000000
|
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By: |
/s/ Xxxx Xxxxxx |
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|
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Name: Xxxx Xxxxxx |
|
|
|
Title: Senior Analyst |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
XXXXX CAPITAL MANAGEMENT ACCOUNT
#00000000
|
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By: |
/s/ Xxxx Xxxxxx |
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|
|
Name: Xxxx Xxxxxx |
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|
|
Title: Senior Analyst |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
XXXXX CAPITAL MANAGEMENT ACCOUNT
#00000000
|
|
By: |
/s/ Xxxx Xxxxxx |
|
|
|
Name: Xxxx Xxxxxx |
|
|
|
Title: Senior Analyst |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
XXXXX CAPITAL MANAGEMENT ACCOUNT
#00000000
|
|
By: |
/s/ Xxxx Xxxxxx |
|
|
|
Name: Xxxx Xxxxxx |
|
|
|
Title: Senior Analyst |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
PINEHURST TRADING, INC.
|
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By: |
/s/ M. Xxxxxxxx Xxxxxxx |
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|
|
Name: M. Xxxxxxxx Xxxxxxx |
|
|
|
Title: Assistant Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
AUGUSTA TRADING, INC.
|
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By: |
/s/ M. Xxxxxxxx Xxxxxxx |
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|
|
Name: M. Xxxxxxxx Xxxxxxx |
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|
|
Title: Assistant Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Cornerstone Ltd.
By: Stone Tower Debt Advisors LLC.,
As its Collateral Manager
|
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By: |
/s/ Xxxxxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxxxxx X. Xxxxxxxxx |
|
|
|
Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Granite Ventures I Ltd.
By: Stone Tower Debt Advisors LLC.,
As its Collateral Manager
|
|
By: |
/s/ Xxxxxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxxxxx X. Xxxxxxxxx |
|
|
|
Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Granite Ventures II Ltd.
By: Stone Tower Debt Advisors LLC.,
As its Collateral Manager
|
|
By: |
/s/ Xxxxxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxxxxx X. Xxxxxxxxx |
|
|
|
Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Granite Ventures III Ltd.
By: Stone Tower Debt Advisors LLC.,
As its Collateral Manager
|
|
By: |
/s/ Xxxxxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxxxxx X. Xxxxxxxxx |
|
|
|
Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Stone Tower CLO Ltd.
By: Stone Tower Debt Advisors LLC.,
As its Collateral Manager
|
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By: |
/s/ Xxxxxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxxxxx X. Xxxxxxxxx |
|
|
|
Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Stone Tower CLO IV Ltd.
By: Stone Tower Debt Advisors LLC.,
As its Collateral Manager
|
|
By: |
/s/ Xxxxxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxxxxx X. Xxxxxxxxx |
|
|
|
Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Stone Tower CLO V Ltd.
By: Stone Tower Debt Advisors LLC.,
As its Collateral Manager
|
|
By: |
/s/ Xxxxxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxxxxx X. Xxxxxxxxx |
|
|
|
Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Stone Tower Credit Funding I Ltd.
By: Stone Tower Debt Advisors LLC.,
As its Collateral Manager
|
|
By: |
/s/ Xxxxxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxxxxx X. Xxxxxxxxx |
|
|
|
Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Citigroup Financial Products Inc.
|
|
By: |
/s/ Xxxxxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxxxxx X. Xxxxxxxxx |
|
|
|
Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
VELOCITY CLO, LTD.
By: TCW Advisors, Inc.,
its Collateral Manager
|
|
By: |
/s/ G. Xxxxx Xxxxxx |
|
|
|
Name: G. Xxxxx Xxxxxx |
|
|
|
Title: Vice President |
|
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxx Xxxxxxxxx |
|
|
|
Name: Xxx Xxxxxxxxx |
|
|
|
Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
TCW Senior Secured Floating Rate Loan Fund L.P.
By: TCW Advisors, Inc., as its Investment Advisor
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By: |
/s/ G. Xxxxx Xxxxxx |
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Name: G. Xxxxx Xxxxxx |
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Title: Vice President |
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By: |
/s/ Xxx Xxxxxxxxx |
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Name: Xxx Xxxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
TCW Senior Secured Loan Fund
By: TCW Advisors, Inc., as its
Investment Advisor
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By: |
/s/ G. Xxxxx Xxxxxx |
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Name: G. Xxxxx Xxxxxx |
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Title: Vice President |
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By: |
/s/ Xxx Xxxxxxxxx |
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Name: Xxx Xxxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
TCW SELECT LOAN FUND, LIMITED
By: TCW Advisors, Inc., as its
Investment Advisor
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By: |
/s/ G. Xxxxx Xxxxxx |
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Name: G. Xxxxx Xxxxxx |
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Title: Vice President |
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By: |
/s/ Xxx Xxxxxxxxx |
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Name: Xxx Xxxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
LOAN FUNDING I LLC,
a wholly owned subsidiary of Citibank, N.A.
By: TCW Advisors, Inc.,
as Portfolio Manager of Loan Funding I LLC
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By: |
/s/ G. Xxxxx Xxxxxx |
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Name: G. Xxxxx Xxxxxx |
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Title: Vice President |
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By: |
/s/ Xxx Xxxxxxxxx |
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Name: Xxx Xxxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
FIRST 2004-II CLO, LTD.
By: TCW Advisors, Inc.,
its Collateral Manager
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By: |
/s/ G. Xxxxx Xxxxxx |
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Name: G. Xxxxx Xxxxxx |
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Title: Vice President |
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By: |
/s/ Xxx Xxxxxxxxx |
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Name: Xxx Xxxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
FIRST 2004-I CLO, LTD.
By: TCW Advisors, Inc.,
its Collateral Manager
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By: |
/s/ G. Xxxxx Xxxxxx |
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Name: G. Xxxxx Xxxxxx |
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Title: Vice President |
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By: |
/s/ Xxx Xxxxxxxxx |
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Name: Xxx Xxxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
VITESSE CLO LTD.
By: TCW Advisors, Inc., as its
its Portfolio Manager
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By: |
/s/ G. Xxxxx Xxxxxx |
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Name: G. Xxxxx Xxxxxx |
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Title: Vice President |
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By: |
/s/ Xxx Xxxxxxxxx |
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Name: Xxx Xxxxxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Atlas Loan Funding (Hartford), LLC
By: Atlas Capital Funding, Ltd.
By: Structured Asset Investors, LLC
Its Investment Manager
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By: |
/s/ Xxxxx X. Xxxxx |
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Name: Xxxxx X. Xxxxx |
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Title: Associate |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
DURHAM ACQUISITION CO., LLC
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By: |
/s/ Xxxxx Xxxxxx |
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Name: Xxxxx Xxxxxx |
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Title: Managing Principal |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
CREDIT GENESIS CLO 2005-1 LTD
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By: |
/s/ Xxxxx Xxxxxx |
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Name: Xxxxx Xxxxxx |
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Title: Managing Principal |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Venor Capital Master Fund Ltd.
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By: |
/s/ Xxxxxxx Xxxxxxx |
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Name: Xxxxxxx Xxxxxxx |
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Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
SOF Investments, L.P.
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By: |
/s/ Xxxx X. Xxxxxx |
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Name: Xxxx X. Xxxxxx |
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Title: Manager and General Counsel |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Halcyon Structured Asset Management
Long Secured/Short Unsecured CLO I Ltd.
By: HALCYON STRUCTURED ASSET
MANAGEMENT L.P., as Collateral Manager
By: Halcyon Structured Asset Management
LLC, its sole general partner
|
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By: |
/s/ Xxxxx Xxxxxxxx |
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|
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Name: Xxxxx Xxxxxxxx |
|
|
|
Title: Chief Financial Officer |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Halcyon Structured Asset Management
Long Secured/Short Unsecured CLO II Ltd.
By: HALCYON STRUCTURED ASSET
MANAGEMENT L.P., as Collateral Manager
By: Halcyon Structured Asset Management
LLC, its sole general partner
|
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By: |
/s/ Xxxxx Xxxxxxxx |
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|
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Name: Xxxxx Xxxxxxxx |
|
|
|
Title: Chief Financial Officer |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Halcyon Fund, L.P.
By: Halcyon Asset Management LLC, Its
Investment Manager
|
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By: |
/s/ Xxxxx Xxxxxxxx |
|
|
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Name: Xxxxx Xxxxxxxx |
|
|
|
Title: Chief Financial Officer |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Scottwood Capital
|
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By: |
/s/ Xxxxxx Xxxxxxx |
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|
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Name: Xxxxxx Xxxxxxx |
|
|
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Title: Portfolio Manager |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Galaxy IV CLO, LTD
By: AIG Global Investment Corp.
its Collateral Manager
|
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By: |
/s/ W. Xxxxxxx Xxxxxx |
|
|
|
Name: W. Xxxxxxx Xxxxxx |
|
|
|
Title: Managing Director |
Galaxy V CLO, LTD
By: AIG Global Investment Corp.
its Collateral Manager
|
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By: |
/s/ W. Xxxxxxx Xxxxxx |
|
|
|
Name: W. Xxxxxxx Xxxxxx |
|
|
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Title: Managing Director |
Galaxy VI CLO, LTD
By: AIG Global Investment Corp.
its Collateral Manager
|
|
By: |
/s/ W. Xxxxxxx Xxxxxx |
|
|
|
Name: W. Xxxxxxx Xxxxxx |
|
|
|
Title: Managing Director |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
SunAmerica Life Insurance Company
By: AIG Global Investment Corp.,
its Investment Advisor
|
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By: |
/s/ W. Xxxxxxx Xxxxxx |
|
|
|
Name: W. Xxxxxxx Xxxxxx |
|
|
|
Title: Managing Director |
SunAmerica Senior Floating Rate Fund, Inc.
By: AIG Global Investment Corp.,
its Investment Sub-Advisor
|
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By: |
/s/ W. Xxxxxxx Xxxxxx |
|
|
|
Name: W. Xxxxxxx Xxxxxx |
|
|
|
Title: Managing Director |
Galaxy CLO 2003-1, Ltd.
By: AIG Global Investment Corp.,
its Collateral Manager
|
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By: |
/s/ W. Xxxxxxx Xxxxxx |
|
|
|
Name: W. Xxxxxxx Xxxxxx |
|
|
|
Title: Managing Director |
Galaxy III CLO, Ltd.
By: AIG Global Investment Corp.,
its Collateral Manager
|
|
By: |
/s/ W. Xxxxxxx Xxxxxx |
|
|
|
Name: W. Xxxxxxx Xxxxxx |
|
|
|
Title: Managing Director |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
GLC CDO I, LTD. as Lender
Global Leveraged Capital Management, LLC as
Collateral Manager
|
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By: |
/s/ Xxxx Xxx |
|
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Name: Xxxx Xxx |
|
|
|
Title: Analyst |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Nationwide Life & Annuity Insurance Company
|
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By: |
/s/ Xxxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxxx X. Xxxxxxx |
|
|
|
Title: Associate Vice President |
|
|
|
Public Bonds |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Nationwide Life Insurance Company
|
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By: |
/s/ Xxxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxxx X. Xxxxxxx |
|
|
|
Title: Associate Vice President |
|
|
|
Public Bonds |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Luminus Energy Partners Master Fund, Ltd.
|
|
By: |
/s/ Xxxx Xxxxx |
|
|
|
Name: Xxxx Xxxxx |
|
|
|
Title: Director |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
GANNETT PEAK CLO I, LTD.
By: XxXxxxxxx Investment Management, LLC,
as Investment Manager
|
|
By: |
/s/ Xxxxxxxx X. Xxxx |
|
|
|
Name: Xxxxxxxx X. Xxxx |
|
|
|
Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
XXXXXXXXX LOAN OPPORTUNITY LTD.
By: XxXxxxxxx Investment Management, LLC,
as Investment Manager
|
|
By: |
/s/ Xxxxxxxx X. Xxxx |
|
|
|
Name: Xxxxxxxx X. Xxxx |
|
|
|
Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
WIND RIVER CLO II – XXXX INVESTORS, LTD.
By: XxXxxxxxx Investment Management, LLC,
as Manager
|
|
By: |
/s/ Xxxxxxxx X. Xxxx |
|
|
|
Name: Xxxxxxxx X. Xxxx |
|
|
|
Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
WIND RIVER CLO I LTD.
By: XxXxxxxxx Investment Management, LLC,
as Manager
|
|
By: |
/s/ Xxxxxxxx X. Xxxx |
|
|
|
Name: Xxxxxxxx X. Xxxx |
|
|
|
Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
LANDESBANK HESSEN-THÜRINGEN
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Name: Xxxxxxx X. Xxxxxxx |
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Title: Vice President |
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By: |
/s/ Xxxxx Xxxxx |
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Name: Xxxxx Xxxxx |
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Title: Senior Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
The Hartford Mutual Funds, Inc., on behalf of the
Hartford Floating Rate Fund by Hartford
Investment Management Company, its sub-
advisor, as a lender
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By: |
/s/ Xxxx X. X’Xxxxxx |
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Name: Xxxx X. X’Xxxxxx |
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Title: Senior Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
CYPRESSTREE CLAIF FUNDING LLC
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By: |
/s/ M Xxxxxxxx Xxxxxxx |
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Name: M Xxxxxxxx Xxxxxxx |
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Title: Assistant Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
The Foothill Group, Inc.
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By: |
/s/ Xxxxxx Xxxxxx |
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Name: Xxxxxx Xxxxxx |
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Title: Senior Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Bank of America N.A.
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By: |
/s/ Xxxxxxxx X. Xxxxxx |
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Name: Xxxxxxxx X. Xxxxxx |
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Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
LL SAHALEE FUNDING LLC
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By: |
/s/ M. Xxxxxxxx Xxxxxxx |
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Name: M. Xxxxxxxx Xxxxxxx |
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Title: Assistant Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
WATERVILLE FUNDING LLC
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By: |
/s/ M. Xxxxxxxx Xxxxxxx |
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Name: M. Xxxxxxxx Xxxxxxx |
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Title: Assistant Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
CAVALRY CLO I, LTD
By: Regiment Capital Management, LLC
as its Investment Advisor
By: Regiment Capital Advisors, LP
its Manager and pursuant to delegated authority
By: Regiment Capital Advisors, LLC
its General Partner
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By: |
/s/ Xxxx X. Xxxxxxxxxx |
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Name: Xxxx X. Xxxxxxxxxx |
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Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
REGIMENT CAPITAL, LTD.
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By: |
Regiment Capital Management, LLC |
as its Investment Advisor
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By: |
Regiment Capital Advisors, LP |
its Manager and pursuant to delegated
authority
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By: |
/s/ Xxxx X. Xxxxxxxxxx |
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Name: Xxxx X. Xxxxxxxxxx |
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Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Grand Central Asset Trust, BAS Series
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By: |
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Name: Xxx Xxxxx |
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Title: Attorney-in-fact |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
BASSO MULTI-STRATEGY HOLDING
FUND LTD.
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By: |
/s/ Xxxxxx X. Xxxxxxx |
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Name: Xxxxxx X. Xxxxxxx |
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Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
BASSO FUND
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By: |
/s/ Xxxxxx X. Xxxxxxx |
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Name: Xxxxxx X. Xxxxxxx |
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Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
AIMCO CLO, Series 2005-A
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By: |
/s/ Xxxxx Xxxxxxx |
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Name: Xxxxx Xxxxxxx |
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Title: Authorized Signatory |
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By: |
/s/ Xxxxxx X. Xxxxxxx |
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Name: Xxxxxx X. Xxxxxxx |
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Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Carlyle Loan Investment, Ltd.
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By: |
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Name: Xxxxx Xxxx |
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Title: Managing Director |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
DEUTSCHE BANK TRUST COMPANY
AMERICAS
By: DB Services New Jersey, Inc.
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By: |
/s/ Xxxxxxxx X. XxXxxxxx |
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Name: Xxxxxxxx X. XxXxxxxx |
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Title: Authorized Signatory |
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By: |
/s/ Xxxxxxx Whortonr |
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Name: Xxxxxxx Xxxxxxx |
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Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Symphony CLO I LTD
By: Symphony Asset Management
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By: |
/s/ Xxxxx Xxxxx |
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Name: Xxxxx Xxxxx |
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Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Symphony CLO II LTD
By: Symphony Asset Management
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By: |
/s/ Xxxxx Xxxxx |
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Name: Xxxxx Xxxxx |
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Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Field Point III, LTD.
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By: |
/s/ X. Xxxxx |
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Name: X. Xxxxx |
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Title: Attorney-in-fact |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Field Point II, LTD.
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By: |
/s/ X. Xxxxx |
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Name: X. Xxxxx |
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|
|
Title: Attorney-in-fact |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
KINGSLAND III, LTD.
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By: |
/s/ Xxxxxxx Xxxxx |
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Name: Xxxxxxx Xxxxx |
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Title: Authorized Officer |
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Kingsland Capital Management, LLC |
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As Manager |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
KINGSLAND II, LTD.
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By: |
/s/ Xxxxxxx Xxxxx |
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Name: Xxxxxxx Xxxxx |
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Title: Authorized Officer |
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Kingsland Capital Management, LLC |
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|
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As Manager |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
KINGSLAND I, LTD.
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By: |
/s/ Xxxxxxx Xxxxx |
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Name: Xxxxxxx Xxxxx |
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Title: Authorized Officer |
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Kingsland Capital Management, LLC |
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As Manager |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
TRS ARIA LLC
By: Deutsche Bank AG New York Branch, Its
Sole Member
By: DB Services New Jersey, Inc.
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By: |
/s/ Xxxxxxx X’Xxxxx |
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Name: Xxxxxxx X’Xxxxx |
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Title: Vice President |
|
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By: |
/s/Xxxxxxx Xxxxxxx |
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|
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Name: Xxxxxxx Xxxxxxx |
|
|
|
Title: Assistant Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
SATELLITE SENIOR INCOME FUND II, LLC
BY: SATELLITE ASSET MANAGEMENT L.P.
ITS INVESTMENT MANAGER
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By: |
/s/ Xxxxx Xxxxxxx |
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|
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Name: Xxxxx Xxxxxxx |
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|
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Title: General Counsel |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
FORE CONVERTIBL MASTER FUND, LTD
|
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By: |
/s/ Xxxxxx Xxxxxx |
|
|
|
Name: Xxxxxx Xxxxxx |
|
|
|
Title: Assistant Secretary |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
MAN MAC 1 LIMITED
|
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By: |
/s/ Xxxxxx Xxxxxx |
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|
|
Name: Xxxxxx Xxxxxx |
|
|
|
Title: Assistant Secretary |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
FORE MULTI STRATEGY MASTER FUND, LTD.
|
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By: |
/s/ Xxxxxx Xxxxxx |
|
|
|
Name: Xxxxxx Xxxxxx |
|
|
|
Title: Assistant Secretary |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
FORE ERISA FUND, LTD
|
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By: |
/s/ Xxxxxx Xxxxxx |
|
|
|
Name: Xxxxxx Xxxxxx |
|
|
|
Title: Assistant Secretary |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Atlas Loan Funding 7, LLC
By: Atlas Capital Funding, Ltd.
By: Structured Asset Investors, LLC
Its Investment Manager
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By: |
/s/ Xxxxx X. Xxxxx |
|
|
|
Name: Xxxxx X. Xxxxx |
|
|
|
Title: Associate |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Union Bank of California, N.A.
|
|
By: |
/s/ Xxxxx Read |
|
|
|
Name: Xxxxx Read |
|
|
|
Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
BDC Finance, LLC
By: Black Diamond Capital Management, L.L.C.,
as its Investment Manager
|
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By: |
/s/ Xxxxx X. Xxxxx, Xx. |
|
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|
Name: Xxxxx X. Xxxxx, Xx. |
|
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|
Title: President & Managing Partner |
|
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|
Black Diamond Capital Management, L.L.C. |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
BLACK DIAMOND CLO 0000-0 (XXXXXX) LTD.
By: Black Diamond Capital Management, L.L.C.,
as its Collateral Manager
|
|
By: |
/s/ Xxxxx X. Xxxxx, Xx. |
|
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|
Name: Xxxxx X. Xxxxx, Xx. |
|
|
|
Title: President & Managing Partner |
|
|
|
Black Diamond Capital Management, L.L.C. |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
BLACK DIAMOND CLO 2005-2 LTD.
By: Black Diamond Capital Management, L.L.C.,
as its Collateral Manager
|
|
By: |
/s/ Xxxxx X. Xxxxx, Xx. |
|
|
|
Name: Xxxxx X. Xxxxx, Xx. |
|
|
|
Title: President & Managing Partner |
|
|
|
Black Diamond Capital Management, L.L.C. |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
BLACK DIAMOND CLO 2005-1 LTD.
By: Black Diamond Capital Management, L.L.C.,
as its Collateral Manager
|
|
By: |
/s/ Xxxxx X. Xxxxx, Xx. |
|
|
|
Name: Xxxxx X. Xxxxx, Xx. |
|
|
|
Title: President & Managing Partner |
|
|
|
Black Diamond Capital Management, L.L.C. |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
BLACK DIAMOND INTERNATIONAL
FUNDING, LTD
|
|
By: |
/s/ Xxxxx Xxxxxxxxx |
|
|
|
Name: Xxxxx Xxxxxxxxx |
|
|
|
Title: Director |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Freestyle Special Opportunities Master Fund, Ltd.
|
|
By: |
/s/ Xxxxxx Xxxxxx |
|
|
|
Name: Xxxxxx Xxxxxx |
|
|
|
Title: Managing Member of Freestyle Fund |
|
|
|
Services Company LLC, |
|
|
|
Investment Manager |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
TRS Venor LLC
By: Deutsche Bank AG Cayman Islands Branch,
its sole member
By: DB Services New Jersey Inc.
|
|
By: |
/s/ Xxxxx X. Xxxxxx |
|
|
|
Name: Xxxxx X. Xxxxxx |
|
|
|
Title: Vice President |
|
|
By: |
/s/ Xxxxxxx Xxxxxxx |
|
|
|
Name: Xxxxxxx Xxxxxxx |
|
|
|
Title: Assistant Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Classic Cayman B.D. Limited
|
|
By: |
/s/ Xxxxx Xxxxxxxxx |
|
|
|
Name: Xxxxx Xxxxxxxxx |
|
|
|
Title: Vice President |
|
|
By: |
/s/ Xxxx Xxxxxxxxxx |
|
|
|
Name: Xxxx Xxxxxxxxxx |
|
|
|
Title: Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
BAYERISCHE LANDESBANK
|
|
By: |
/s/ Xxxxxx X. Xxxx |
|
|
|
Name: Xxxxxx X. Xxxx |
|
|
|
Title: Vice President |
|
|
By: |
/s/ Xxxxxx XxXxxxx |
|
|
|
Name: Xxxxxx XxXxxxx |
|
|
|
Title: First Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
TRS BRUIN LLC
By: Deutsche Bank AG Cayman Islands Branch
By: DB Services New Jersey, Inc.
|
|
By: |
/s/ Xxxxx X. Xxxxxx |
|
|
|
Name: Xxxxx X. Xxxxxx |
|
|
|
Title: Vice President |
|
|
By: |
/s/ Xxxxxxx Xxxxxxx |
|
|
|
Name: Xxxxxxx Xxxxxxx |
|
|
|
Title: Assistant Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
EAST WEST BANK
|
|
By: |
/s/ Xxxxx X. Xxxxx |
|
|
|
Name: Xxxxx X. Xxxxx |
|
|
|
Title: Senior Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
POST LONG/SHORT CREDIT MASTER FUND, LP
By: Post Advisory Group, LLC
As General Partner
|
|
By: |
/s/ Xxxxxxxx X. Post |
|
|
|
Name: Xxxxxxxx X. Post |
|
|
|
Title: Chief Investment Officer |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
POST TOTAL RETURN MASTER FUND, LP
By: Post Advisory Group, LLC
As General Partner
|
|
By: |
/s/ Xxxxxxxx X. Post |
|
|
|
Name: Xxxxxxxx X. Post |
|
|
|
Title: Chief Investment Officer |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
POST HIGH YIELD, LP
By: Post Advisory Group, LLC
As General Partner
|
|
By: |
/s/ Xxxxxxxx X. Post |
|
|
|
Name: Xxxxxxxx X. Post |
|
|
|
Title: Chief Investment Officer |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Grand Central Asset Trust, DHV Series
|
|
By: |
/s/ Xxx Xxxxx |
|
|
|
Name: Xxx Xxxxx |
|
|
|
Title: Attorney-in-fact |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Malibu CBNA Loan Funding LLC, for itself or
as agent for Malibu CFPI Loan Funding LLC
|
|
By: |
/s/ Xxx Xxxxx |
|
|
|
Name: Xxx Xxxxx |
|
|
|
Title: Attorney-in-fact |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
SARATOGA CLO I, LIMITED
By: INVESCO Senior Secured Management, Inc.
As the Asset Manager
|
|
By: |
/s/ [Illegible] |
|
|
|
Name: |
|
|
|
Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
SAGAMORE CLO LTD.
By: INVESCO Senior Secured Management, Inc.
As Collateral Manager
|
|
By: |
/s/ [Illegible] |
|
|
|
Name: |
|
|
|
Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
NAUTIQUE FUNDING LTD.
By: INVESCO Senior Secured Management, Inc.
As Collateral Manager
|
|
By: |
/s/ [Illegible] |
|
|
|
Name: |
|
|
|
Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
LOAN FUNDING IX LLC, for itself or as agent for Corporate Loan Funding IX LLC
By: INVESCO Senior Secured Management, Inc.
As Portfolio Manager
|
|
By: |
/s/ [Illegible] |
|
|
|
Name: |
|
|
|
Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
KATONAH V, LTD.
By: INVESCO Senior Secured Management, Inc.
As Investment Manager
|
|
By: |
/s/ [Illegible] |
|
|
|
Name: |
|
|
|
Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
AIM FLOATING RATE FUND
By: INVESCO Senior Secured Management, Inc.
As Sub-Advisor
|
|
By: |
/s/ [Illegible] |
|
|
|
Name: |
|
|
|
Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
DIVERSIFIED CREDIT PORTFOLIO LTD.
By: INVESCO Senior Secured Management, Inc.
As Investment Advisor
|
|
By: |
/s/ [Illegible] |
|
|
|
Name: |
|
|
|
Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
CHARTER VIEW PORTFOLIO
By: INVESCO Senior Secured Management, Inc.
As Investment Advisor
|
|
By: |
/s/ [Illegible] |
|
|
|
Name: |
|
|
|
Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
CHAMPLAIN CLO, LTD.
By: INVESCO Senior Secured Management, Inc.
As Collateral Manager
|
|
By: |
/s/ [Illegible] |
|
|
|
Name: |
|
|
|
Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
BELHURST CLO LTD.
By: INVESCO Senior Secured Management, Inc.
As Collateral Manager
|
|
By: |
/s/ [Illegible] |
|
|
|
Name: |
|
|
|
Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
AVALON CAPITAL LTD. 3
By: INVESCO Senior Secured Management, Inc.
As Asset Manager
|
|
By: |
/s/ [Illegible] |
|
|
|
Name: |
|
|
|
Title: |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Atlas Loan Funding (Navigator), LLC
By: Atlas Capital Funding, Ltd.
By: Structured Asset Investors, LLC
Its Investment Manager
|
|
By: |
/s/ Xxxxx X. Xxxxx |
|
|
|
Name: Xxxxx X. Xxxxx |
|
|
|
Title: Associate |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
RiverSource Bond Series, Inc
RiverSource Floating Rate Fund
|
|
By: |
/s/ Xxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxx X. Xxxxxxx |
|
|
|
Title: Assistant Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Cent CDO XI, Limited
By: RiverSource Investments, LLC
as Collateral Manager
|
|
By: |
/s/ Xxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxx X. Xxxxxxx |
|
|
|
Title: Director of Operations |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Cent CDO 10, Ltd.
By: RiverSource Investments, LLC
as Collateral Manager
|
|
By: |
/s/ Xxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxx X. Xxxxxxx |
|
|
|
Title: Director of Operations |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Cent CDO 9, Ltd.
By: RiverSource Investments, LLC
as Collateral Manager
|
|
By: |
/s/ Xxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxx X. Xxxxxxx |
|
|
|
Title: Director of Operations |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Centurion CDO 8, Limited
By: RiverSource Investments, LLC
as Collateral Manager
|
|
By: |
/s/ Xxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxx X. Xxxxxxx |
|
|
|
Title: Director of Operations |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Centurion CDO VII, Limited
By: RiverSource Investments, LLC
as Collateral Manager
|
|
By: |
/s/ Xxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxx X. Xxxxxxx |
|
|
|
Title: Director of Operations |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Centurion CDO VI, Limited
By: RiverSource Investments, LLC
as Collateral Manager
|
|
By: |
/s/ Xxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxx X. Xxxxxxx |
|
|
|
Title: Director of Operations |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Centurion CDO II, Ltd
By: RiverSource Investments, LLC
as Collateral Manager
|
|
By: |
/s/ Xxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxx X. Xxxxxxx |
|
|
|
Title: Director of Operations |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
IDS Life Insurance Company
By: RiverSource Investments, LLC
as Collateral Manager
|
|
By: |
/s/ Xxxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxxx X. Xxxxxxx |
|
|
|
Title: Senior Managing Director |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Ameriprise Certificate Company
By: RiverSource Investments, LLC
as Collateral Manager
|
|
By: |
/s/ Xxxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxxx X. Xxxxxxx |
|
|
|
Title: Senior Managing Director |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
TRS LEDA LLC
By: Deutsche Bank AG New York Branch, its
Sole Member
By: DB Services New Jersey, Inc.
|
|
By: |
/s/ Xxxxx X. Xxxxxx |
|
|
|
Name: Xxxxx X. Xxxxxx |
|
|
|
Title: Vice President |
|
|
By: |
/s/ Xxxxxx Xxxxxxxx |
|
|
|
Name: Xxxxxx Xxxxxxxx |
|
|
|
Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
ENDURANCE CLO I, LTD.
c/o West Gate Horizons Advisors LLC,
As Portfolio Manager
|
|
By: |
/s/ Xxxxxx X. Xxxx |
|
|
|
Name: Xxxxxx X. Xxxx |
|
|
|
Title: Senior Credit Analyst |
WG Horizons CLO I
c/o West Gate Horizons Advisors LLC,
As Manager
|
|
By: |
/s/ Xxxxxx X. Xxxx |
|
|
|
Name: Xxxxxx X. Xxxx |
|
|
|
Title: Senior Credit Analyst |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
General Electric Capital Corporation
|
|
By: |
/s/ Xxxx Xxxxxx |
|
|
|
Name: Xxxx Xxxxxx |
|
|
|
Title: Duly Authorized Signatory |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
MACQUARIE/FIRST TRUST GLOBAL
INFRASTRUCTURE/UTILITIES DIVIDEND
& INCOME FUND, as Lender
By: Four Corners Capital Management LLC,
As Sub-Advisor
|
|
By: |
/s/ Xxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxx X. Xxxxxxxxx |
|
|
|
Title: Vice President |
FORTRESS PORTFOLIO TRUST, as Lender
By: Four Corners Capital Management LLC,
As Investment Manager
|
|
By: |
/s/ Xxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxx X. Xxxxxxxxx |
|
|
|
Title: Vice President |
FOUR CORNERS CLO 2005-I, LTD., as Lender
By: Four Corners Capital Management LLC,
As Collateral Manager
|
|
By: |
/s/ Xxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxx X. Xxxxxxxxx |
|
|
|
Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
FIRST TRUST/FOUR CORNERS SENIOR
FLOATING RATE INCOME FUND, as Lender
By: Four Corners Capital Management LLC,
As Sub-Advisor
|
|
By: |
/s/ Xxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxx X. Xxxxxxxxx |
|
|
|
Title: Vice President |
FIRST TRUST/FOUR CORNERS SENIOR
FLOATING RATE INCOME FUND II, as Lender
By: Four Corners Capital Management LLC,
As Sub-Advisor
|
|
By: |
/s/ Xxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxx X. Xxxxxxxxx |
|
|
|
Title: Vice President |
SECURITY INCOME FUND-INCOME
OPPORTUNITY SERIES, as Lender
By: Four Corners Capital Management LLC,
As Sub-Advisor
|
|
By: |
/s/ Xxxx X. Xxxxxxxxx |
|
|
|
Name: Xxxx X. Xxxxxxxxx |
|
|
|
Title: Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
CITICORP NORTH AMERICA, INC.
|
|
By: |
/s/ Xxxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxxx X. Xxxxxxx |
|
|
|
Title: Attorney-in-fact |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
CITIBANK NA, INC.
|
|
By: |
/s/ Xxxxxx X. Xxxxxxx |
|
|
|
Name: Xxxxxx X. Xxxxxxx |
|
|
|
Title: Attorney-in-fact |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Greenwich International, Ltd.
|
|
By: |
/s/ Xxxxxx X. Xxxxxxxxxx |
|
|
|
Name: Xxxxxx X. Xxxxxxxxxx |
|
|
|
Title: Managing Director |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
RAINTREE TRADING LLC
|
|
By: |
/s/ M. Xxxxxxxx Xxxxxxx |
|
|
|
Name: M. Xxxxxxxx Xxxxxxx |
|
|
|
Title: Assistant Vice President |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Whippoorwill Associates, Inc., as agent for the
accounts listed on Schedule A
|
|
By: |
/s/ Xxxxxx Gerdal |
|
|
|
Name: Xxxxxx Gerdal |
|
|
|
Title: Principal |
Signature page to the Second Amendment
SIGNATURE PAGE TO SECOND AMENDMENT
DATED AS OF SEPTEMBER 22, 2006 TO THE
AMENDED AND RESTATED REVOLVING
CREDIT, TERM LOAN AND GUARANTEE
AGREEMENT, DATED AS OF FEBRUARY 23,
2006, AMONG CALPINE CORPORATION, THE
SUBSIDIARIES OF CALPINE CORPORATION
NAMED THEREIN, THE LENDERS FROM TIME
TO TIME PARTIES THERETO, CREDIT SUISSE
AND DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS ADMINISTRATIVE AGENT
AND THE OTHER AGENTS PARTIES THERETO
NAME OF INSTITUTION:
Raven Credit Opportunities Master Fund, Ltd.
By Raven Asset Management, LLC
as Investment Advisor
|
|
By: |
/s/ Xxxxx Xxxxxxx |
|
|
|
Name: Xxxxx Xxxxxxx |
|
|
|
Title: CFO/COO |
Signature page to the Second Amendment
EXHIBIT A
SCHEDULE 6.7(m)
BLB Facility Letters of Credit
|
On Behalf Of |
Amount (in USD) |
|
|
|
|
CPN Insurance Corporation |
$2,402,318.00 |
|
|
|
|
CPN Insurance Corporation |
$963,500.00 |
|
|
|
|
CPN Insurance Corporation |
$1,000,000.00 |
|
|
|
|
|
|
|
CPN Insurance Corporation |
$6,091,000.00 |
|
|
|
|
CPN Insurance Corporation |
$3,300,000.00 |
|
|
|
|
CPN Insurance Corporation |
$3,159,478.00 |
|
|
|
|
Calpine Energy Services Canada Ltd. And Calpine Canada Resources Ltd. |
$2,199,017.20 |
|
|
|
|
Calpine Energy Services Canada Partnership |
$2,350,000.00 |
|
Calpine Corporation |
$424,000.00 |
|
Calpine Corporation |
$1,500,000.00 |
|
|
|
|
Calpine Montery Cogeneration, Inc. |
$74,196.00 |
|
|
|
|
Xxxxxxx Energy Center, LLC |
$75,250.00 |
|
Blue Spruce Energy Center, LLC |
$14,000,000.00 |
|
|
|
|
Calpine Construction Finance Company, L.P. (Magic Valley) |
$5,600,000.00 |
|
|
|
|
Hermiston Power Partnership. |
$4,025,158.00 |
|
|
|
|
Calpine Energy Services, L.P. |
$12,870,248.10 |
|
|
|
|
Fox Energy Company, LLC. |
$250,000.00 |
|
Total |
$60,284,165.30 |
