OXFORD HEALTH PLANS, INC. FIRST AMENDMENT TO CREDIT AGREEMENT
Exhibit 10(s)
OXFORD HEALTH PLANS, INC.
FIRST AMENDMENT
TO CREDIT AGREEMENT
This FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is dated as of December 2, 2003 and entered into by and among Oxford Health Plans, Inc., a Delaware corporation (“Company”), the financial institutions listed on the signature pages hereof (“Lenders”), Credit Suisse First Boston, as Administrative Agent for Lenders (“Administrative Agent”), Bank of America, N.A., as Syndication Agent (the “Syndication Agent”), and Fleet National Bank and XX Xxxxxx Xxxxx Bank, each as a Documentation Agent (the “Documentation Agents”), and is made with reference to that certain Credit Agreement, dated as of April 25, 2003 (the “Credit Agreement”), by and among Company, Lenders, Agent, Syndication Agent and Documentation Agents. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Credit Agreement.
WHEREAS, Company and Lenders desire to amend the Credit Agreement to decrease the Applicable Base Rate Margin and the Applicable LIBOR Margin applicable to the Term Loans as set forth herein;
Section 1. AMENDMENT TO THE CREDIT AGREEMENT
1.1 Amendment to Section 1.1: Definitions
Subsection 1.1 of the Credit Agreement is hereby amended as follows:
A. The definition of “Applicable Base Rate Margin” is hereby deleted and the following is inserted in lieu thereof:
“‘Applicable Base Rate Margin’ means, as at any date of determination, a percentage per annum for Revolving Loans or Term Loans as set forth below opposite the applicable Credit Ratings:
Revolving Loans | Term Loans | |||||||
Credit Ratings | Base Rate Margin | Base Rate Margin | ||||||
BBB- or Baa3 or higher |
1.00 | % | 1.00 | % | ||||
BB+ or Ba1 |
1.25 | % | 1.25 | % | ||||
BB or Ba2 or lower |
1.50 | % | 1.50 | % |
; provided that in the event of split Credit Ratings, the applicable level shall be the highest level for which the criteria for either rating is met, unless the ratings differential is more than one ratings level, in which case the rating one level below the higher of the two Credit Ratings will determine the Applicable Base Rate Margin; provided further if either S&P or Xxxxx’x does not provide a Credit Rating, the lowest level of Credit Ratings will apply; provided further that for all periods prior to the First Amendment Effective Date, Applicable Base Rate Margin shall have the meaning set forth in this Agreement as in effect prior to such date.”
B. The definition of “Applicable LIBOR Margin” is hereby deleted and the following is inserted in lieu thereof:
“‘Applicable LIBOR Margin’ means, as at any date of determination, a percentage per annum for Revolving Loans or Term Loans as set forth below opposite the applicable Credit Ratings:
Revolving Loans | Term Loans | |||||||
Credit Ratings | LIBOR Margin | LIBOR Margin | ||||||
BBB- or Baa3 or higher |
2.00 | % | 2.00 | % | ||||
BB+ or Ba1 |
2.25 | % | 2.25 | % | ||||
BB or Ba2 or lower |
2.50 | % | 2.50 | % |
; provided that in the event of split Credit Ratings, the applicable level shall be the highest level for which the criteria for either rating is met, unless the ratings differential is more than one ratings level, in which case the rating one level below the higher of the two Credit Ratings will determine the Applicable LIBOR Margin; provided further if either S&P or Xxxxx’x does not provide a Credit Rating, the lowest level of Credit Ratings will apply; provided further that for all periods prior to the First Amendment Effective Date, Applicable LIBOR Margin shall have the meaning set forth in this Agreement as in effect prior to such date.”
C. Subsection 1.1 is further amended by adding the following definition:
“First Amendment Effective Date” means December 2, 2003.
Section 2. CONDITIONS TO EFFECTIVENESS
Section 1 of this Amendment shall become effective only upon the satisfaction of all of the following conditions precedent:
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A. On or before the First Amendment Effective Date, Company shall deliver to Lenders (or to Administrative Agent for Lenders) the following, each, unless otherwise noted, dated the First Amendment Effective Date:
1. | Signature and incumbency certificates of its officers executing this Amendment; | ||
2. | Copies of this Amendment executed by Company. | ||
3. | An Officer’s Certificate, in form and substance reasonably satisfactory to Administrative Agent, to the effect that the representations and warranties in Section 5 of the Credit Agreement are true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date (or, to the extent such representations and warranties relate to an earlier date, such representations and warranties were true, correct and complete in all material respects on and as of such earlier date). |
B. On or before the First Amendment Effective Date, all corporate and other proceedings taken or to be taken in connection with the transactions contemplated hereby and all documents incidental thereto not previously found acceptable by Administrative Agent, acting on behalf of Lenders, and its counsel shall be satisfactory in form and substance to Administrative Agent and such counsel, and Administrative Agent and such counsel shall have received all such counterpart originals or certified copies of such documents as Administrative Agent may reasonably request.
C. Each Lender with outstanding Term Loans and Administrative Agent shall have executed and delivered copies of this Amendment to Administrative Agent.
Section 3. REPRESENTATIONS AND WARRANTIES
In order to induce Lenders to enter into this Amendment and to amend the Credit Agreement in the manner provided herein, Company represents and warrants to each Lender that the following statements are true, correct and complete:
A. Corporate Power and Authority. Company has all requisite corporate power and authority to enter into this Amendment and to carry out the transactions contemplated by, and perform its obligations under, the Credit Agreement and the other Loan Documents as amended by this Amendment (the “Amended Agreement”).
B. Authorization of Agreements. The execution and delivery of this Amendment and the performance of the Amended Agreement have been duly authorized by all necessary corporate action on the part of Company.
C. No Conflict. The execution and delivery by Company of this Amendment and the performance by Company of the Amended Agreement does not and will not (i) violate any provision of any law or any governmental rule or regulation applicable to Company or any of its Subsidiaries, the Certificate or Articles of Incorporation or Bylaws of Company or any of its Subsidiaries or any order, judgment or decree of any court or other agency of government binding
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on Company or any of its Subsidiaries, (ii) conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any Contractual Obligation of Company or any of its Subsidiaries, (iii) result in or require the creation or imposition of any Lien upon any of the properties or assets of Company or any of its Subsidiaries or (iv) require any approval of stockholders or any approval or consent of any Person under any Contractual Obligation of Company or any of its Subsidiaries.
D. Governmental Consents. The execution and delivery by Company of this Amendment and the performance by Company of the Amended Agreement does not and will not require any registration with, consent or approval of, or notice to, or other action to, with or by, any federal, state or other governmental authority or regulatory body.
E. Binding Obligation. This Amendment has been duly executed and delivered by Company and this Amendment and the Amended Agreement are the legally valid and binding obligations of Company, enforceable against Company in accordance with their respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.
F. Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
G. Absence of Default. No event has occurred and is continuing or will result from the consummation of the transactions contemplated by this Amendment that would constitute an Event of Default or a Potential Event of Default.
A. Reference to and Effect on the Credit Agreement and the Other Loan Documents.
(i) On and after the First Amendment Effective Date, each reference in the Credit Agreement or the other Loan Documents amended hereby to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement or such other Loan Document shall mean and be a reference to the Amended Agreement. |
(ii) Except as specifically amended by this Amendment, the Credit Agreement and the other Loan Documents shall remain in full force and effect and are hereby ratified and confirmed. | |
(iii) The execution, delivery and performance of this Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of Agent or any Lender under, the Credit Agreement or any of the other Loan Documents. |
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B. Headings. Section and subsection headings in this Amendment are included herein for convenience of reference only and shall not constitute a part of this Amendment for any other purpose or be given any substantive effect.
C. Applicable Law. THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (INCLUDING WITHOUT LIMITATION SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK), WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES.
D. Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument; signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document.
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OXFORD HEALTH PLANS, INC. | XXXXXXXX CDO, LTD. | |
By: Xxxxxxxxx Capital Partners LLC as its Collateral | ||
Manager | ||
By: /s/ R. Xxxxxxx Xxxxxx | By: /s/ Xxxxxxxxxxx X. Xxxxxx | |
Name: R. Xxxxxxx Xxxxxx | Name: Xxxxxxxxxxx X. Xxxxxx | |
Title: Vice President | Title: Managing Partner | |
CREDIT SUISSE FIRST BOSTON, acting through its | WINDSOR LOAN FUNDING, LIMITED | |
Cayman Islands Branch, as Administrative Agent |
By: Xxxxxxxxx Capital Partners LLC as its
Investment Manager |
|
By: /s/ Xxxxxxxxxxx X. Xxxxxx | ||
By: /s/ Xxxxx Xxxxxx | ||
Name: Xxxxxxxxxxx X. Xxxxxx | ||
Name: Xxxxx Xxxxxx | Title: Managing Partner | |
Title: M.D. | ||
By: /s/ Xxx Xxxxxxxx | ||
Name: Xxx Xxxxxxxx | ||
Title: M.D. | ||
HANOVER SQUARE CLO LTD. | XXXXXXXXX ARBITRAGE CDO, LTD. | |
By: /s/ Xxxxxxxxxxx X. Xxxxxx | ||
By: /s/ Xxxx Xxxxxxx | ||
Name: Xxxxxxxxxxx X. Xxxxxx | ||
Name: Xxxx Xxxxxxx | Title: Managing Partner | |
Title: Managing Director | ||
GENERAL ELECTRIC CAPITAL | SUNAMERICA SENIOR FLOATING RATE FUND | |
CORPORATION, as Servicer, on behalf of CFG | INC. | |
ASSET FUNDING LLC. | By: Xxxxxxxxx Capital Partners LLC | |
By: /s/ Xxxxxxxxxxx X. Xxxxxx | ||
By: /s/ Xxxxx X. Xxxxxxx | ||
Name: Xxxxxxxxxxx X. Xxxxxx | ||
Name: Xxxxx X. Xxxxxxx | Title: Managing Partner | |
Title: Duly Authorized Signatory | ||
KZH CYPRESSTREE –I LLC | SRF 2000, INC. | |
By: /s/ Xxxxxx Xxxxxxx | By /s/ Xxxxx X. Xxxxx | |
Name: Xxxxxx Xxxxxxx | Name: Xxxxx X. Xxxxx | |
Title: Authorized Agent | Title: Assistant Vice President | |
XXXXXXXX FLOATING RATE FUND, LLC | AMMC CDO I, LIMITED | |
By: /s/ Xxxx Xxxxxxx | By: American Money Management Corp., as Collateral | |
Manager | ||
Name: Xxxx Xxxxxxx | By: /s/ Xxxxxxx X. Eng | |
Title: Managing Director | ||
Name: Xxxxxxx X. Eng | ||
Title: Senior Vice President | ||
CARLYLE HIGH YIELD PARTNERS IV, LTD. | AMMC CDO II, LIMITED | |
By: American Money Management Corp., as Collateral | ||
By: /s/ Xxxxx Xxxx | Manager | |
By: /s/ Xxxxxxx X. Eng | ||
Name: Xxxxx Xxxx | ||
Title: Principal | Name: Xxxxxxx X. Eng | |
Title: Senior Vice President |
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CARLYLE HIGH YIELD PARTNERS III, LTD. | TRS ECLIPSE LLC | |
By: /s/ Xxxxx X. Xxxxxx | ||
By: /s/ Xxxxx Xxxx | ||
Name: Xxxxx X. Xxxxxx | ||
Name: Xxxxx Xxxx | Title: Vice President | |
Title: Principal | ||
CARLYLE HIGH YIELD PARTNERS II, LTD. | MOUNTAIN CAPITAL CLO I, LTD | |
By: /s/ Xxxxx Xxxx | By: /s/ Xxxxx Xxxxxxx | |
Name: Xxxxx Xxxx | Name: Xxxxx Xxxxxxx | |
Title: Principal | Title: Director | |
BLACK ROCK SENIOR LOAN TRUST | XXXXXXXXXXX SENIOR FLOATING RATE FUND | |
MAGNETITE II CBD, LTD | By: /s/ Xxxx Xxxxxxxx | |
MAGNETITE ASSET INVESTORS III, LT | ||
MAGNETITE IV LLO, LTD | Name: Xxxx Xxxxxxxx | |
MAGNETITE V LLO, LTD | Title: Manager | |
SENIOR LOAN FUND | ||
By: /s/ X. Xxxxxxxx | ||
Name: X. Xxxxxxxx | ||
Title: Managing Director | ||
AMERICAN EXPRESS CERTIFICATE COMPANY | HARBOURVIEW CLO IV, LTD. | |
By: /s/ Xxxxxx X. Xxxxxxx | By /s/ Xxxx Xxxxxxxx | |
Name: Xxxxxx X. Xxxxxxx | Name: Xxxx Xxxxxxxx | |
Title: Senior Managing Director | Title: Manager | |
IDS LIFE INSURANCE COMPANY | LONGHORN CDO II, LTD | |
By: American Express Asset Management Group, Inc. As | By: Xxxxxxx Xxxxx Investment Managers, L.P. as | |
Collateral Manager | Investment Advisor | |
By: /s/ Xxxxxx X. Xxxxxxx | By: /s/ Savitri Alex | |
Name: Xxxxxx X. Xxxxxxx | ||
Title: Senior Managing Director | Name: Savitri Alex | |
Title: Authorized Signatory | ||
CENTURION CDO II, LTD. | LONGHORN CDO III, LTD | |
By: /s/ Xxxxxx Xxxxxxxxx | By: Xxxxxxx Xxxxx Investment Managers, L.P. as | |
Investment Advisor | ||
Name: Xxxxxx Xxxxxxxxx | By: /s/ Savitri Alex | |
Title: Director - Operations | ||
Name: Savitri Alex | ||
Title: Authorized Signatory | ||
SEQUILS - CENTURION V, LTD. | LONGHORN CDO (CAYMAN), LTD | |
By: /s/ Xxxxxx Xxxxxxxxx | By: Xxxxxxx Xxxxx Investment Managers, X.X.xx | |
Investment Advisor | ||
Name: Xxxxxx Xxxxxxxxx | By: /s/ Savitri Alex | |
Title: Director - Operations | ||
Name: Savitri Alex | ||
Title: Authorized Signatory | ||
SEQUILS - CENTURION VI, LTD. | MASTER SENIOR FLOATING RATE TRUST | |
By: American Express Asset Management Group, Inc. As | By: /s/ Savitri Alex | |
Collateral Manager | ||
By: /s/ Xxxxxx Xxxxxxxxx | Name: Savitri Alex | |
Title: Authorized Signatory | ||
Name: Xxxxxx Xxxxxxxxx | ||
Title: Director - Operations | ||
THE TRAVELERS INSURANCE COMPANY | SEQUILS – CUMBERLAND I, LTD. | |
By: Deerfield Capital Management LLC as its Collateral | ||
By: /s/ Xxxxxx X. Xxxxxx | Manager | |
By: /s/ Xxxx Xxxxxx | ||
Name: Xxxxxx X. Xxxxxx | ||
Title: Investment Officer | Name: Xxxx Xxxxxx | |
Title: Senior Vice President |
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CITICORP INSURANCE AND INVESTMENT | ROSEMONT CLO, LTD. | |||
TRUST | By: Deerfield Capital Management LLC as its Collateral | |||
By: Travelers Asset Management International Company | Manager | |||
LLC | By: /s/ Xxxx Xxxxxx | |||
By: /s/ Xxxxxx X. Xxxxxx | ||||
Name: Xxxx Xxxxxx | ||||
Name: | Xxxxxx X. Xxxxxx | Title: Senior Vice President | ||
Title: | Investment Officer | |||
KATONAH I, LTD. | BRYN MAWR CLO, Ltd | |||
By: Deerfield Capital Management LLC as its Collateral | ||||
By: /s/ Xxxxx Xxxxx Xxxxx | Manager | |||
By: /s/ Xxxx Xxxxxx | ||||
Name: | Xxxxx Xxxxx Xxxxx | |||
Title: | Authorized Officer | Name: Xxxx Xxxxxx | ||
Katonah Capital, LLC | Title: Senior Vice President | |||
As Manager | ||||
KATONAH II, LTD. | FOREST CREEK CLO, LTD | |||
By: Deerfield Capital Management LLC as its Collateral | ||||
By: /s/ Xxxxx Xxxxx Xxxxx | Manager | |||
By: /s/ Xxxx Xxxxxx | ||||
Name: | Xxxxx Xxxxx Xxxxx | |||
Title: | Authorized Officer | Name: Xxxx Xxxxxx | ||
Katonah Capital, LLC | Title: Senior Vice President | |||
As Manager | ||||
KATONAH III, LTD. | LONG LANE MASTER TRUST II | |||
By Fleet National Bank as Trust Administrator with | ||||
By: /s/ Xxxxx Xxxxx Xxxxx | respect to Series Eclipse | |||
By: /s/ Xxxxx X. Xxxxxxxx | ||||
Name: | Xxxxx Xxxxx Xxxxx | |||
Title: | Authorized Officer | Name Xxxxx X. Xxxxxxxx | ||
Katonah Capital, LLC | Title: Director | |||
As Manager | ||||
KATONAH IV, LTD. | CITIGROUP INVESTMENTS CORPORATE LOAN | |||
FUND INC. | ||||
By: /s/ Xxxxx Xxxxx Xxxxx | By: Travelers Asset Management International Company | |||
LLC | ||||
Name: | Xxxxx Xxxxx Xxxxx | By: /s/ Xxxxx Xxxxxx | ||
Title: | Authorized Officer | |||
Katonah Capital, LLC | Name: Xxxxx Xxxxxx | |||
As Manager | Title: Vice President | |||
KATONAH V, LTD. | ANTARS CAPITAL CORPORATION | |||
By: /s/ Xxxx X. Xxxxxx | ||||
By: /s/ Xxxxx Xxxxx Xxxxx | ||||
Name: Xxxx X. Xxxxxx | ||||
Name: | Xxxxx Xxxxx Xxxxx | Title: Managing Director | ||
Title: | Authorized Officer | |||
Katonah Capital, LLC | ||||
As Manager | ||||
1888 FUND, LTD. | TRUMBULL THC, LTD | |||
By: /s/ Xxxxxxx Xxxxx | By: /s/ Xxxxxx X. Xxxxx | |||
Name: | Xxxxxxx Xxxxx | Name: Xxxxxx X. Xxxxx | ||
Title: | Fund Controller | Title: Attorney in Fact | ||
SIERRA CLO I | TORONTO DOMINION (NEW YORK), INC. | |||
By: /s/ Xxxx X. Xxxxxxxxx | By: /s/ Xxxxxx X. Xxxxx | |||
Name: | Xxxx X. Xxxxxxxxx | Name: Xxxxxx X. Xxxxx | ||
Title: | Chief Operating Officer, | Title: Vice President | ||
Centre Pacific, Manager | ||||
INDOSUEZ CAPITAL FUNDING VI, LTD | MONY LIFE INSURANCE COMPANY | |||
By: Indosuez Capital as Collateral Manager | By: MONY Capital Management, Inc., as Investment | |||
Advisor | ||||
By: /s/ Xxxx X. Xxxxxxx | By: /s/ Xxxxxxx X. Xxxxxx | |||
Name: | Xxxx X. Xxxxxxx | Name: Xxxxxxx X. Xxxxxx | ||
Title: | Managing Director | Title: Senior Managing Director |
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GOLDENTREE LOAN OPPORTUNITIES I, LTD. | ATRIUM CDO | |
By: GOLDENTREE ASSET MANAGEMENT, LP | By: /s/ Xxxxx Xxxxxx | |
By: /s/ Xxxxxxxxx X. Xxxxxx | ||
Name: Xxxxx Xxxxxx | ||
Name: Xxxxxxxxx X. Xxxxxx | Title: Authorized Signatory | |
Title: Portfolio Manager | ||
BY: PPM AMERICA, INC., AS ATTORNEY-IN- | CSAM FUNDING I | |
FACT, ON BEHALF OF XXXXXXX NATIONAL | By: /s/ Xxxxx Xxxxxx | |
LIFE INSURANCE COMPANY | ||
By: /s/ Xxxxx X. Xxxxxx | Name: Xxxxx Xxxxxx | |
Title: Authorized Signatory | ||
Name: Xxxxx X. Xxxxxx | ||
Title: Managing Director | ||
DENALI CAPITAL LLC, managing member of DC | CSAM FUNDING II | |
FUNDING PARTNERS, portfolio manager for DENALI | By: /s/ Xxxxx Xxxxxx | |
CAPITAL CLO II, LTD., or an affiliate | ||
By: /s/ Xxxx X. Xxxxxxx | Name: Xxxxx Xxxxxx | |
Title: Authorized Signatory | ||
Name: Xxxx X. Xxxxxxx | ||
Title: Chief Credit Officer | ||
DENALI CAPITAL LLC, managing member of DC | CSAM FUNDING III | |
FUNDING PARTNERS, portfolio manager for DENALI | By: /s/ Xxxxx Xxxxxx | |
CAPITAL CLO II, LTD., or an affiliate | ||
By: /s/ Xxxx X. Xxxxxxx | Name: Xxxxx Xxxxxx | |
Title: Authorized Signatory | ||
Name: Xxxx X. Xxxxxxx | ||
Title: Chief Credit Officer | ||
GULF STREAM – COMPASS CLO 2002-I, LTD. | FIRST DOMINION FUNDING I | |
By: Gulf Stream Asset Management, LLC as collateral | By: /s/ Xxxxx Xxxxxx | |
Manager | ||
By: /s/ Xxxxx X. Love | Name: Xxxxx Xxxxxx | |
Title: Authorized Signatory | ||
Name: Xxxxx X. Love | ||
Title: Chief Credit Officer | ||
FOOTHILL INCOME TRUST II, L.P. | FIRST DOMINION FUNDING II | |
By FIT II GP, LLC, Its General Partner | By: /s/ Xxxxx Xxxxxx | |
By: /s/ Xxxx Nikova | ||
Name: Xxxxx Xxxxxx | ||
Name: Xxxx Nikova | Title: Authorized Signatory | |
Title: Managing Member | ||
VENTURE CDO 2002, LTD. | FIRST DOMINION FUNDING III | |
By its investment advisor, MJX Asset Management, LLC | By: /s/ Xxxxx Xxxxxx | |
By: /s/ Xxxxxxx Xxxxxxx | ||
Name: Xxxxx Xxxxxx | ||
Name Xxxxxxx Xxxxxxx | Title: Authorized Signatory | |
Title: Director | ||
CREDIT LYONNAIS NEW YORK BRANCH | FIDELITY ADVISOR SERIES II: Fidelity Advisor | |
By /s/ Xxxxxxx Xxxxxxxxx | Floating Rate High Income Fund | |
By: /s/ Xxxx X. Xxxxxxxx | ||
Name: Xxxxxxx Xxxxxxxxx | ||
Title: Senior Vice President | Name: Xxxx X. Xxxxxxxx | |
Title: Assistant Treasurer |
LCM I LIMITED PARTNERSHIP | BALLYROCK CDO I LIMITED, | |||
By: Lyon Capital Management LLC, As Collateral | By: BALLYROCK Investment Advisors LLC, as | |||
Manager | Collateral Manager | |||
By /s/ F. Tavagar | By: /s/ Xxxx Xxxxx | |||
Name: | X. Xxxxxxxx | Name: Xxxx Xxxxx | ||
Title: | Lyon Capital Management LLC | Title: Assistant Treasurer | ||
Farbound Tavangar | ||||
Senior Portfolio Manager | ||||
MUIRFIELD TRADIN;G LLC | BALLYROCK CDO II Limited, | |||
By: /s/ Xxxxx X. Xxxxx | By: BALLYROCK Investment Advisors LLC, as | |||
Collateral Manager | ||||
Name: | Xxxxx X. Xxxxx | By: /s/ Xxxx Xxxxx | ||
Title: | Assistant Vice President |
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Name: Xxxx Xxxxx Title: Assistant Treasurer |
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OLLYMPIC FUNDING TRUST, SERIES 1999-I | ING SENIOR INCOME FUND | |
By: /s/ Xxxxx X. Xxxxx | By: Aeltus Investment Management, Inc. as its | |
investment Manager | ||
Name: Xxxxx X. Xxxxx | By: /s/ Xxxxxx Xxxxxx, CFA | |
Title: Authorized Agent | ||
Name: Xxxxxx Xxxxxx, CFA | ||
Title: Vice President | ||
SRF TRADING, INC. | SEQUILS – PILGRIM I, LTD | |
By: /s/ Xxxxx X. Xxxxx | By: ING Investments, LLC as its Investment Manager | |
By: /s/ Xxxxxx Xxxxxx, CFA | ||
Name: Xxxxx X. Xxxxx | ||
Title: Assistant Vice President | Name: Xxxxxx Xxxxxx, CFA | |
Title: Vice President | ||
RIVIERA FUNDING LLC | PILGRIM CLO 1999-1 Ltd. | |
By: /s/ Xxxxx X. Xxxxx | By: ING Investments, LLC as its Investment Manager | |
By: /s/ Xxxxxx Xxxxxx, CFA | ||
Name: Xxxxx X. Xxxxx | Name: Xxxxxx Xxxxxx, CFA | |
Title: Assistant Vice President | Title: Vice President | |
WINGED FOOT FUNDING TRUST | ML CLO XV PILGRIM AMERICA | |
By: /s/ Xxxxx X. Xxxxx | (CAYMAN) LTD. | |
By: ING INVESTMENTS, LLC as its Investment | ||
Name: Xxxxx X. Xxxxx | Manager | |
Title: Assistant Vice President | By: /s/ Xxxxxx Xxxxxx, CFA | |
Name: Xxxxxx Xxxxxx, CFA | ||
Title: Vice President | ||
JUPITER LOAN FUNDING LLC | ML CLO XX PILGRIM AMERICA | |
By: /s/ Xxxxx X. Xxxxx | (CAYMAN) LTD. | |
By: ING INVESTMENTS, LLC as its Investment | ||
Name: Xxxxx X. Xxxxx | Manager | |
Title: Assistant Vice President | By: /s/ Xxxxxx Xxxxxx, CFA | |
Name: Xxxxxx Xxxxxx, CFA | ||
Title: Vice President | ||
PPM SPYGLASS FUNDING TRUST | GENERAL ELECTRIC CAPITAL CORPORATION, | |
By: /s/ Xxxxx X. Xxxxx | as Servicer, on behalf of CFS ASSET FUNDING LLC | |
By: /s/ Xxxxx X. Xxxxxxx | ||
Name: Xxxxx X. Xxxxx | ||
Title: Assistant Vice President | Name: Xxxxx X. Xxxxxxx | |
Title: Duly Authorized Signatory | ||
PPM SHADOW CREEK FUNDING LLC | FRANKLIN CLO II, LIMITED | |
By: /s/ Xxxxx X. Xxxxx | By: /s/ Xxxxxxxx Xxx | |
Name: Xxxxx X. Xxxxx | Name: Xxxxxxxx Xxx | |
Title: Assistant Vice President | Title: Vice President | |
SAWGRASS TRADING LLC | FRANKLIN CLO IV, LIMITED | |
By: /s/ Xxxxx X. Xxxxx | By: /s/ Xxxxxxxx Xxx | |
Name: Xxxxx X. Xxxxx | Name: Xxxxxxxx Xxx | |
Title: Assistant Vice President | Title: Vice President | |
STANWICH LOAN FUNDING LLC | BABSON CLO LTD., 2003-I | |
By: /s/ Xxxxx X. Xxxxx | By: Xxxxx X. Xxxxxx & Company Inc. as Manager | |
By: /s/ Xxxxx X. Xxxxx, CFA | ||
Name: Xxxxx X. Xxxxx | ||
Title: Assistant Vice President | Name: Xxxxx X. Xxxxx, CFA | |
Title: Managing Director | ||
APEX (TRIMARAN) CDO I, LTD | SEABOARD CLO 2000 LTD. | |
By: /s/ Xxxxx X. Xxxxxxxx | By: Xxxxx X. Xxxxxx & Company Inc. as Manager | |
By: /s/ Xxxxx X. Xxxxx, CFA | ||
Name: Xxxxx X. Xxxxxxxx | ||
Title: Managing Director | Name: Xxxxx X. Xxxxx, CFA | |
Title: Managing Director |
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BANK OF MONTREAL | MAPLEWOOD (CAYMAN) LIMITED | |
By: /s/ X. Xxxxx | By: Xxxxx X. Xxxxxx & Company Inc. as Manager | |
By: /s/ Xxxxx X. Xxxxx, CFA | ||
Name: X. Xxxxx | ||
Title: Managing Director | Name: Xxxxx X. Xxxxx, CFA | |
Title: Managing Director | ||
STONE TOWER CLO LTD, as a Lender | APEX (IDM) CDO I, LTD. | |
By: Stone Tower Debt Advisors | ELC (CAYMAN) LTD. | |
LLC, As its Collateral Manager | ELC (CAYMAN LTD., CDO SERIES 1999-III | |
By: /s/ Xxxxxxx X. Xxxxxxx | ELC (CAYMAN) LTD, 1999-III | |
EL (CAYMAN) LTD., 200-I | ||
Name: Xxxxxxx X. Xxxxxxx | XXXXX CLO LTD., 2000-I | |
Title: Authorized Signatory | By: Xxxxx X. Xxxxxx & Company Inc. as Collateral | |
Manager | ||
By: /s/ Xxxxx X. Xxxxx, CFA | ||
Name: Xxxxx X. Xxxxx, CFA | ||
Title: Managing Director | ||
KZH ING-2 LLC | FRANKLIN CLO I, LIMITED | |
By: /s/ Xxxxxx Xxxxxxx | By: /s/ Xxxxxxxx Xxx | |
Name: Xxxxxx Xxxxxxx | Name: Xxxxxxxx Xxx | |
Title: Authorized Agent | Title: Vice President | |
KZH STERLING LLC | MASSACHSUETTS MUTUAL LIFE INSURANCE | |
By: /s/ Xxxxxx Xxxxxxx | COMPANY | |
By: Xxxxx X. Xxxxxx & Company Inc. as Collateral | ||
Name: Xxxxxx Xxxxxxx | Manager | |
Title: Authorized Agent | By: /s/ Xxxxx X. Xxxxx, CFA | |
Name: Xxxxx X. Xxxxx, CFA | ||
Title: Managing Director | ||
LA SALLE BANK, N.A., AS CUSTODIAN | FRANKLIN FLOATING RATE TRUST | |
By: /s/ Xxxxxxx Xxxxx | By: /s/ Xxxxxxxx Xxx | |
Name: Xxxxxxx Xxxxx | Name: Xxxxxxxx Xxx | |
Title: Assistant Vice President | Title: Asst. Vice President | |
FLEET NATIONAL BANK | ||
By: /s/ Xxxx X. Xxx | ||
Name: Xxxx X. Xxx | ||
Title: Senior Vice President | ||
XXXXXXXXX QUATTRO CLO, LTD. | ||
By: Xxxxxxxxx Capital Partners LLC as its Collateral | ||
Manager | ||
By: /s/ Xxxxxxxxxxx X. Xxxxxx | ||
Name: Xxxxxxxxxxx X. Xxxxxx | ||
Title: Managing Partner |
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