FIRST AMENDMENT TO CREDIT AND GUARANTY AGREEMENT
Exhibit 10.12
FIRST AMENDMENT
TO CREDIT AND GUARANTY AGREEMENT
THIS FIRST AMENDMENT TO CREDIT AND GUARANTY AGREEMENT (this “Amendment”) is dated as of May 11, 2012 and is entered into by and among TRONOX PIGMENTS (NETHERLANDS) B.V., a private limited liability company (besloten vennootschap met beperkte aansprakelijkheid) incorporated under Dutch law, having its corporate seat (statutaire zetel) in Amsterdam, The Netherlands and having its registered office address at Xxxxxxxxx 000, Xxxxxxxxx 0, (0000XX), Xxxxxxxxx, Xxx Xxxxxxxxxxx, registered with the trade register of the chamber of commerce in Amsterdam, The Netherlands under number 34132341 (the “Borrower”), Holdings, XXXXXXX XXXXX BANK USA (“GS”), as Administrative Agent (“Administrative Agent”), the REQUISITE LENDERS and the GUARANTORS listed on the signature papers hereto, and is made with reference to that certain CREDIT AND GUARANTY AGREEMENT dated as of February 8, 2012 (as amended through the date hereof, the “Credit Agreement”) by and among the Borrower, Holdings, the subsidiaries of Holdings named therein or from time to time party thereto, the Lenders, the Administrative Agent, Collateral Agent and the other Agents named therein. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Credit Agreement after giving effect to this Amendment.
RECITALS
WHEREAS, the Credit Parties have requested that Requisite Lenders agree to amend certain provisions of the Credit Agreement as provided for herein; and WHEREAS, subject to certain conditions, Requisite Lenders are willing to agree to such amendments relating to the Credit Agreement.
NOW, THEREFORE, in consideration of the premises and the agreements, provisions and covenants herein contained, the parties hereto agree as follows:
SECTION I. AMENDMENTS TO CREDIT AGREEMENT
1.1 Amendments to Section 1.1. Section 1.1 of the Credit Agreement is hereby amended as follows:
(a) by amending and restating the definition of “Intercompany Note” in its entirety to read as follows:
““Intercompany Note” means (a) with respect to intercompany indebtedness among Holdings and its Subsidiaries (or among such Subsidiaries) incurred or extended (i) prior to the Closing Date which is not as of the Closing Date evidenced by an instrument or (ii) from and after the Closing Date, a promissory note substantially in the form of Exhibit H or otherwise reasonably acceptable to the Administrative Agent and (b) with respect to intercompany indebtedness among Holdings and its Subsidiaries (or among such Subsidiaries) incurred or extended prior to the Closing Date which is evidenced by an instrument as of the Closing Date, such instrument (or instruments) (such instrument or instruments being subject to Section 10.27).”;
(b) by adding the following definitions in proper alphabetical sequence:
““Permitted TSL Disposition” means the cashless disposition of up to 26% of the Equity Interests of TSL by its direct shareholders to affiliates of the Exxaro Group.””
““TSL” means Tronox Sands LLP, a limited liability partnership organized in England and Wales.”
““UK Joint Venture Entities” means any one or more entities organized under the laws of the United Kingdom that is (i) TSL (both before and after giving effect to the Permitted TSL Disposition) and (ii) any wholly-owned Subsidiary of TSL or its wholly-owned Subsidiaries.”
and (c) by amending the definition of “Asset Sale” by replacing “and (vii)” with “, (vii) the Permitted TSL Disposition and (viii)”.
1.2 Amendments to Section 2.2. Section 2.2 of the Credit Agreement is hereby amended by (a) adding the following sentence to the end of Section 2.2(b): “Each Lender shall make the amount of its Delayed Draw Term Loan available to Administrative Agent not later than 12:00 p.m. (New York City time) on the Delayed Draw Funding Date by wire transfer of same day funds in Dollars, at the Principal Office of Administrative Agent.” and (b) adding the following clause (d) at the end of Section 2.2:
“(d) Availability of Funds. Unless Administrative Agent shall have been notified by any Lender with Delayed Draw Term Loan Commitments prior to the Delayed Draw Funding Date requested by Borrower pursuant to Section 2.2(b) that such Lender does not intend to make available to Administrative Agent the amount of such Lender’s Delayed Draw Term Loan requested on the Delayed Draw Funding Date, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on the Delayed Draw Funding Date and Administrative Agent may, in its sole discretion, but shall not be obligated to, make available to Borrower a corresponding amount on the Delayed Draw Funding Date. If such corresponding amount is not in fact made available to Administrative Agent by such Lender, Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from the Delayed Draw Funding Date until the date such amount is paid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Base Rate. If such Lender does not pay such corresponding amount forthwith upon Administrative Agent’s demand therefor, Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to Administrative Agent together with interest thereon, for each day from the Delayed Draw Funding Date until the date such amount is paid to Administrative Agent, at the rate payable hereunder for Base Rate Loans for such Class of Loans. Nothing in this Section 2.2(d) shall be deemed to relieve any Lender from its obligation to fulfill its Delayed Draw Term Loan Commitments hereunder or to prejudice any rights that Borrower may have against any Lender as a result of any default by such Lender hereunder. In the event that (i) Administrative Agent declines to make a requested amount available to Borrower until
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such time as all Lenders with Delayed Draw Term Loan Commitments have made payment to Administrative Agent, (ii) a Lender fails to fund to Administrative Agent all or any portion of the Delayed Draw Term Loans required to be funded by such Lender hereunder prior to the time specified in this Agreement and (iii) such Lender’s failure results in Administrative Agent failing to make a corresponding amount available to Borrower on the Delayed Draw Funding Date, at Administrative Agent’s option, such Lender shall not receive interest hereunder with respect to the requested amount of such Lender’s Delayed Draw Term Loans for the period commencing with the time specified in this Agreement for receipt of payment by Borrower through and including the time of Borrower’s receipt of the requested amount.”
1.3 Amendment to Section 5.10. Section 5.10(a)(II)(iii) of the Credit Agreement is hereby amended and restated in its entirety as follows:
“(iii) a Subsidiary shall not be required to provide a Guaranty pursuant to this Section 5.10(a) if (x) such Subsidiary is not directly or indirectly wholly-owned by Holdings, another Credit Party or a direct or indirect wholly-owned Subsidiary of any of the foregoing and the consent of the co-owner of such Subsidiary is necessary or desirable for the provision of a Guaranty by such Subsidiary, but such consent is not obtained following the use of commercially reasonable efforts or (y) such Subsidiary is one of the UK Joint Venture Entities,”
1.4 Amendment to Section 6.1. Section 6.1(b) of the Credit Agreement is hereby amended to replace “provided,” with “provided that, for Indebtedness in respect of Investments permitted under Sections 6.6(b), (d)(A) and (e): ”
1.5 Amendment to Section 6.4. Section 6.4(a) of the Credit Agreement is hereby amended and restated in its entirety as follows:
“(a) any Subsidiary of Holdings may declare and pay dividends or make other distributions ratably to its equity holders (provided that, other than in respect of Restricted Junior Payments made with amounts received directly or indirectly from South African Subsidiaries, no Credit Party or any of its Subsidiaries may declare and pay dividends pursuant to this Section 6.4(a) to any Person that is not a Credit Party),”
1.6 Amendment to Section 6.13. Section 6.13 of the Credit Agreement is hereby amended to insert the following new subsection (e) at the end thereof:
“(e) In respect of the UK Joint Venture Entities, no Credit Party nor any Subsidiary of any Credit Party (other than the South African Subsidiaries) may (i) create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to any Indebtedness for the benefit of any UK Joint Venture Entity, (ii) incur any Liens or enter into any negative pledges for the benefit of any UK Joint Venture Entity, (iii) make any Restricted Junior Payments to, or Asset Sales to, any UK Joint Venture Entity, (iv) merge with or into any UK Joint Venture Entity, (v) make any Investments in any UK Joint Venture Entity other than, in the case of this clause (v), Investments permitted pursuant to Section 6.6(d)(B), Section 6.6(e) or Section 6.6(n) in each case solely in
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connection with establishing the UK Joint Venture Entities or (vi) in the case of a UK Joint Venture Entity, make any Investments other than as set forth in the preceding clause (v) or in the immediately succeeding sentence. Further, no UK Joint Venture Entity may: (i) engage in any business other than as expressly permitted under this Section 6.13(e), (ii) hold or acquire any assets other than (a) an intercompany loan balance owing by the South African Subsidiaries in favor of one or more of the UK Joint Venture Entities assumed by such UK Joint Venture Entities in connection with the Acquisition (provided the proceeds of such intercompany loan did not originate from a Credit Party or from the proceeds of a Loan), (b) the proceeds of Restricted Junior Payments received from the South African Subsidiaries so long as such proceeds are immediately distributed to such UK Joint Venture Entities’ equity holders on a pro rata basis and (c) Equity Interests in another UK Joint Venture Entity, (iii) incur, directly or indirectly, any Indebtedness or any other obligation or liability whatsoever other than operating expenses incurred in the ordinary course of business or (iv) fail to hold itself out to the public as a legal entity separate and distinct from all other Persons.”
SECTION II. CONDITIONS TO EFFECTIVENESS
This Amendment shall become effective as of the date hereof only upon the satisfaction of all of the following conditions precedent (the date of satisfaction of such conditions being referred to herein as the “First Amendment Effective Date”):
A. Execution. Administrative Agent shall have received counterpart signature pages of this Amendment duly executed by each of the Credit Parties, Administrative Agent and Requisite Lenders.
B. Fees. Administrative Agent shall have received all fees and other amounts due and payable on or prior to the First Amendment Effective Date, including, to the extent invoiced, reimbursement or other payment of all out-of-pocket expenses required to be reimbursed or paid by the Borrower hereunder or any other Credit Document.
C. Necessary Consents. Each Credit Party shall have obtained all material consents necessary or advisable in connection with the transactions contemplated by this Amendment.
D. Other Documents. Administrative Agent and Lenders shall have received such other documents, information or agreements regarding Credit Parties as Administrative Agent or Collateral Agent may reasonably request.
SECTION III. REPRESENTATIONS AND WARRANTIES
In order to induce Lenders to enter into this Amendment and to amend the Credit Agreement in the manner provided herein, each Credit Party which is a party hereto represents and warrants to each Lender that the following statements are true and correct in all material respects:
A. Corporate Power and Authority. Each Credit Party, which is party hereto, has all requisite power and authority to enter into this Amendment and to carry out the transactions contemplated by, and perform its obligations under, the Credit Agreement as amended by this Amendment (the “Amended Agreement”) and the other Credit Documents.
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B. Authorization of Agreements. The execution and delivery of this Amendment and the performance of the Amended Agreement and the other Credit Documents have been duly authorized by all necessary action on the part of each Credit Party.
C. No Conflict. The execution and delivery by each Credit Party of this Amendment and the performance by each Credit Party of the Amended Agreement and the other Credit Documents do not and will not (a) except as could not reasonably be expected to result in a Material Adverse Effect, violate (i) any provision of any law or any governmental rule or regulation applicable to Holdings or any of its Subsidiaries or (ii) any order, judgment or decree of any court or other agency of government binding on Holdings or any of its Subsidiaries; (b) except as could not reasonably be expected to result in a Material Adverse Effect, 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 Holdings or any of its Subsidiaries; (c) violate any of the Organizational Documents of Holdings or any of its Subsidiaries, (d) result in or require the creation or imposition of any Lien upon any of the properties or assets of Holdings or any of its Subsidiaries (other than any Liens created under any of the Credit Documents in favor of Collateral Agent, on behalf of the Secured Parties and any Liens created under any Additional Facility Credit Documents in favor of the ABL Agent or any Alternative Facility Agent, as the case may be); or (e) require any approval of stockholders, members or partners or any approval or consent of any Person under any Contractual Obligation of Holdings or any of its Subsidiaries, except for such approvals or consents which will be obtained on or before the First Amendment Effective Date.
D. Governmental Consents. No action, consent or approval of, registration or filing with or any other action by any Governmental Authority is or will be required in connection with the execution and delivery by each Credit Party of this Amendment and the performance by the Borrower and Holdings of the Amended Agreement and the other Credit Documents, except for such actions, consents and approvals the failure to obtain or make which could not reasonably be expected to result in a Material Adverse Effect or which have been obtained and are in full force and effect.
E. Binding Obligation. This Amendment and the Amended Agreement have been duly executed and delivered by each of the Credit Parties party thereto and each constitutes a legal, valid and binding obligation of such Credit Party to the extent a party thereto, enforceable against such Credit Party in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting 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 4 of the Amended Agreement are and will be true and correct 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 and correct in all material respects on and as of such earlier date.
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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 Default.
SECTION IV. ACKNOWLEDGMENT AND CONSENT
Each Guarantor hereby acknowledges that it has reviewed the terms and provisions of the Credit Agreement and this Amendment and consents to the amendment of the Credit Agreement effected pursuant to this Amendment. Each Guarantor hereby confirms that each Credit Document to which it is a party or otherwise bound and all Collateral encumbered thereby will continue to guarantee or secure, as the case may be, to the fullest extent possible in accordance with the Credit Documents the payment and performance of all “Obligations” under each of the Credit Documents to which is a party (in each case as such terms are defined in the applicable Credit Document).
Each Guarantor acknowledges and agrees that any of the Credit Documents to which it is a party or otherwise bound shall continue in full force and effect and that all of its obligations thereunder shall be valid and enforceable and shall not be impaired or limited by the execution or effectiveness of this Amendment. Each Guarantor represents and warrants that all representations and warranties contained in the Amended Agreement and the Credit Documents to which it is a party or otherwise bound are true and correct 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 and correct in all material respects on and as of such earlier date.
Each Guarantor acknowledges and agrees that (i) notwithstanding the conditions to effectiveness set forth in this Amendment, such Guarantor is not required by the terms of the Credit Agreement or any other Credit Document to consent to the amendments to the Credit Agreement effected pursuant to this Amendment and (ii) nothing in the Credit Agreement, this Amendment or any other Credit Document shall be deemed to require the consent of such Guarantor to any future amendments to the Credit Agreement.
SECTION V. FEES
Each of those Lenders that are Lenders immediately prior to the First Amendment Effective Date that consent to this Amendment and submit to the Administrative Agent an executed signature page hereto on or prior to 4:00 p.m. New York time on May 3, 2012 shall receive, on or as promptly as practicable after the First Amendment Effective Date, an amendment fee equal to 0.05% of Loans and Delayed Draw Term Loan Commitments held by it.
SECTION VI. MISCELLANEOUS
A. Reference to and Effect on the Credit Agreement and the Other Credit Documents.
(i) On and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Amendment”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Credit Documents to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Amendment.
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(ii) Except as specifically amended by this Amendment, the Credit Agreement and the other Credit 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 constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of any Agent or Lender under, the Credit Agreement or any of the other Credit Documents.
(iv) For the avoidance of doubt, this Amendment shall constitute a Credit Document.
B. Certain Waivers. Borrower, Holdings and each Guarantor hereby agrees that neither any Agent nor any Lender shall be liable under a claim of, and hereby waives any claim against the Agents and the Lenders based on, lender liability (including, but not limited to, liability for breach of the implied covenant of good faith and fair dealing, fraud, negligence, conversion, misrepresentation, duress, control and interference, infliction of emotional distress and defamation and breach of fiduciary duties) as a result of this Amendment and any discussions or actions taken or not taken by the Agents or the Lenders on or before the date hereof or the discussions conducted in connection therewith, or any course of action taken by the Agents or any Lender in response thereto or arising therefrom; provided, that the foregoing waiver shall not include the waiver of any claims which are based on the gross negligence or willful misconduct of any Agent or any Lender or any of their respective agents. This section shall survive the execution and delivery of this Amendment and the termination of the Amended Agreement.
C. 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.
D. 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 LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES THEREOF.
E. 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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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered by their respective officers thereunto duly authorized as of the date first written above.
| BORROWER: | ||||||
| TRONOX PIGMENTS (NETHERLANDS) B.V. | ||||||
| By: | /s/ Xxxxxxx X. Xxxxxx | |||||
| Name: Xxxxxxx X. Xxxxxx | ||||||
| Title: Managing Director | ||||||
| US HOLDINGS: | ||||||
| TRONOX INCORPORATED | ||||||
| By: | /s/ Xxxxxx X. Xxxxxxxxx | |||||
| Name: Xxxxxx X. Xxxxxxxxx | ||||||
| Title: Senior Vice President and Chief | ||||||
| Financial Officer | ||||||
[Signature page to First Amendment]
| GUARANTORS :
EXECUTED BY TRONOX AUSTRALIA PIGMENTS HOLDINGS PTY LIMITED ACN 155 120 728: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director/Secretary | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
| EXECUTED BY TRONOX PIGMENTS AUSTRALIA HOLDINGS PTY LIMITED ACN 155 235 304: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director/Secretary | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
| EXECUTED BY TRONOX PIGMENTS AUSTRALIA PTY LIMITED ACN 155 254 336: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director/Secretary | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
| EXECUTED BY TRONOX PIGMENTS WESTERN AUSTRALIA PTY LIMITED ACN 155 319 430: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director/Secretary | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
[Signature page to First Amendment]
| EXECUTED BY TRONOX LIMITED ACN 153 348 111: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director/Secretary | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
| EXECUTED BY TRONOX GLOBAL HOLDINGS PTY LIMITED ACN 154 691 826: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director/Secretary | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
| EXECUTED BY TRONOX SANDS HOLDINGS PTY LIMITED ACN 154 709 332: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director/Secretary | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
| EXECUTED BY TRONOX AUSTRALIA HOLDINGS PTY LIMITED ACN 155 254 274: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director/Secretary | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
[Signature page to First Amendment]
| GUARANTORS:
EXECUTED BY TRONOX AUSTRALIA PIGMENTS HOLDINGS PTY LIMITED ACN 155 120 728: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
| EXECUTED BY TRONOX PIGMENTS AUSTRALIA HOLDINGS PTY LIMITED ACN 155 235 304: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
| EXECUTED BY TRONOX PIGMENTS AUSTRALIA PTY LIMITED ACN 155 254 336: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
| EXECUTED BY TRONOX PIGMENTS WESTERN AUSTRALIA PTY LIMITED ACN 155 319 430: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
[Signature page to First Amendment]
| EXECUTED BY TRONOX LIMITED ACN 153 348 111: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
| EXECUTED BY TRONOX GLOBAL HOLDINGS PTY LIMITED ACN 154 691 826: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
| EXECUTED BY TRONOX SANDS HOLDINGS PTY LIMITED ACN 154 709 332: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
| EXECUTED BY TRONOX AUSTRALIA HOLDINGS PTY LIMITED ACN 155 254 274: |
||||
| /s/ Xxxxxxx X. Xxxxxx | ||||
| Signature of Director | Signature of Director | |||
| Xxxxxxx X. Xxxxxx | Xxxxxxx X. Xxxxxx | |||
| Name | Name | |||
[Signature page to First Amendment]
| TRONOX WORLDWIDE LLC TRIPLE S REFINING CORPORATION SOUTHWESTERN REFINING COMPANY, INC. TRONOX LLC TRONOX HOLDINGS, INC. TRONOX HOLDINGS EUROPE C.V. TRONOX PIGMENTS LTD. CONCORDIA ACQUISITION CORPORATION CONCORDIA MERGER CORPORATION TRONOX US HOLDINGS INC. | ||
| By: | /s/ Xxxxxxx X. Xxxxxx | |
| Name: Xxxxxxx X. Xxxxxx | ||
| Title: Vice President and Secretary | ||
[Signature page to First Amendment]
| TRONOX HOLDINGS COÖPERATIEF U.A. | ||
| By: | /s/ Xxxxxxx X. Xxxxxx | |
| Name: Xxxxxxx X. Xxxxxx Title: Managing Director A | ||
| By: | /s/ Arie Jan Duvekot | |
| Name: Arie Jan Duvekot Title: Managing Director B | ||
[Signature page to First Amendment]
ADMINISTRATIVE AGENT:
| XXXXXXX XXXXX BANK USA, as Administrative Agent | ||
| By: | /s/ Xxxxxxx Xxxxxx | |
| Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Bankers Life and Casualty Company | ||
| By: | /s/ Xxxxx Xxxxxxxx | |
| Name: Xxxxx Xxxxxxxx | ||
| Title: Authorized Xxxxxx | ||
[Signature page to First Amendment]
LENDERS:
| Mill Creek CLO, Ltd | ||
| By: | /s/ Xxxxx Xxxxxxx | |
| Name: Xxxxx Xxxxxxx | ||
| Title: Authorized Xxxxxx | ||
[Signature page to First Amendment]
LENDERS:
| Washington National Insurance Company | ||
| By: | /s/ Xxxxx Xxxxxxxx | |
| Name: Xxxxx Xxxxxxxx | ||
| Title: Authorized Xxxxxx | ||
[Signature page to First Amendment]
LENDERS:
| ASF 1 Loan Funding LLC | ||
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: Xxxxxxx Xxxxxxxx | ||
| Title: Director | ||
[Signature page to First Amendment]
LENDERS:
| Zeus Trading LLC | ||
| By: | /s/ Xxxxx Xxx | |
| Name: Xxxxx Xxx | ||
| Title: Assistant Vice President | ||
[Signature page to First Amendment]
LENDERS:
| VALCOUR FLOATING RATE FUND | ||
| By: | /s/ Xxxx Xxxxxx | |
| Name: Xxxx Xxxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| One Wall Street CLO II LTD | ||
| By: Alcentra NY, as investment advisor | ||
| By: | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Senior Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Pacifica CDO VI LTD | ||
| By: Alcentra NY, LLC, as investment advisor | ||
| By: | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Senior Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Pacifica CDO VI LTD | ||
| By: Alcentra NY, LLC, as investment advisor | ||
| By: | Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Senior Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Prospero CLO II B.V. | ||
| By: Alcentra NY, LLC, as investment advisor | ||
| By: | Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Senior Vice President | ||
[Signature page to First Amendment]
LENDERS:
| US Bank Loan Fund (M) Master Trust | ||
| By: Alcentra NY, LLC, as investment advisor | ||
| By: | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Senior Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Westwood CDO I LTD | ||
| By: Alcentra NY, LLC, as investment advisor | ||
| By: | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Senior Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Westwood CDO II LTD | ||
| By: Alcentra NY, LLC, as investment advisor | ||
| By: | /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | ||
| Title: Senior Vice President | ||
[Signature page to First Amendment]
LENDERS:
| AMMC CLO IX, LIMITED | ||
| By:American Money Management Corp., as Collateral Manager | ||
| By: | /s/ Xxxxxxx X. Eng | |
| Name: Xxxxxxx X. Eng | ||
| Title: Senior Vice President | ||
[Signature page to First Amendment]
LENDERS:
| AMMC VII, LIMITED | ||
| By: American Money Management Corp., as Collateral Manager | ||
| By: | /s/ Xxxxxxx X. Eng | |
| Name: Xxxxxxx X. Eng | ||
| Title: Senior Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Aozora Bank, Ltd | ||
| By: | /s/ Xxxxxxx Xxxxxx | |
| Name: Xxxxxxx Xxxxxx Title: General Manager | ||
[Signature page to First Amendment]
| LENDERS: | ||||
| ARES ENHANCED CREDIT OPPORTUNITIES FUND II, LTD. | ||||
| BY: | ARES ENHANCED CREDIT OPPORTUNITIES INVESTMENT MANAGEMENT II, LLC, ITS MANAGER | |||
| BY: | /s/ Xxxxxxx Xxxxxxxx | |||
| Name: Xxxxxxx Xxxxxxxx Title: Vice President | ||||
[Signature page to First Amendment]
| LENDERS: | ||||
| ARES ENHANCED CREDIT OPPORTUNITIES FUND LTD. | ||||
| BY: | ARES ENHANCED CREDIT OPPORTUNITIES FUND MANAGEMENT, L.P., ITS MANAGER | |||
| BY: ARES ENHANCED CREDIT OPPORTUNITIES FUND MANAGEMENT GP, LLC, AS GENERAL PARTNER | ||||
| By: | /s/ Xxxxxxx Xxxxxxxx | |||
| Name: Xxxxxxx Xxxxxxxx Title: Vice President | ||||
[Signature page to First Amendment]
| LENDERS: | ||||
| ARES ENHANCED LOAN INVESTMENT STRATEGY III, LTD. | ||||
| BY: | ARES ENHANCED LOAN MANAGEMENT III, L.P., ITS PORTFOLIO MANAGER | |||
| BY: | ARES ENHANCED LOAN III GP, LLC, ITS GENERAL PARTNER | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | |||
| Name: | Xxxxxxx Xxxxxxxx | |||
| Title: | Vice President | |||
[Signature page to First Amendment]
LENDERS:
| Ares NF CLO XV Ltd | ||
| By: | Ares NF CLO XV Management, L.P., its collateral manager | |
| By: | Ares NF CLO XV Management LLC, its general partner | |
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: | Xxxxxxx Xxxxxxxx | |
| Title: | Vice President | |
[Signature page to First Amendment]
| LENDERS: | ||||||
| ARES SENIOR LOAN TRUST | ||||||
| BY: | ARES SENIOR LOAN TRUST MANAGEMENT, L.P., ITS INVESTMENT MANAGER | |||||
| BY: | ARES SENIOR LOAN TRUST MANAGEMENT, LLC, ITS GENERAL PARTNER | |||||
| By: | /s/ Xxxxxxx Xxxxxxxx | |||||
| Name: | Xxxxxxx Xxxxxxxx | |||||
| Title: | Vice President | |||||
[Signature page to First Amendment]
LENDERS:
| ARES XII CLO LTD. | ||
| BY: | ARES CLO MANAGEMENT XII, L.P., ITS ASSET MANAGER | |
| BY: | ARES CLO GP XII, LLC, ITS GENERAL PARTNER | |
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: | Xxxxxxx Xxxxxxxx | |
| Title: | Vice President | |
[Signature page to First Amendment]
LENDERS:
| ARES XXIII CLO LTD. | ||
| BY: | ARES CLO MANAGEMENT XXIII, L.P., ITS ASSET MANAGER | |
| BY: | ARES CLO GP XXIII, LLC, ITS GENERAL PARTNER | |
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: | Xxxxxxx Xxxxxxxx | |
| Title: | Vice President | |
[Signature page to First Amendment]
LENDERS:
| FUTURE FUND BOARD OF GUARDIANS | ||
| BY: | ARES ENHANCED LOAN INVESTMENT STRATEGY ADVISOR IV, L.P., ITS INVESTMENT MANAGER (ON BEHALF OF THE XXXX XX SUB ACCOUNT) | |
| BY: | ARES ENHANCED LOAN INVESTMENT STRATEGY ADVISOR IV GP, LLC, ITS GENERAL PARTNER | |
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: | Xxxxxxx Xxxxxxxx | |
| Title: | Vice President | |
[Signature page to First Amendment]
LENDERS:
| SEI INSTITUTIONAL INVESTMENTS TRUST ENHANCED LIBOR OPPORTUNITIES FUND | ||
| BY: | ARES MANAGEMENT LLC, AS PORTFOLIO MANAGER | |
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: | Xxxxxxx Xxxxxxxx | |
| Title: | Vice President | |
[Signature page to First Amendment]
LENDERS:
| SEI INSTITUTIONAL MANAGED TRUST ENHANCED INCOME FUND | ||
| BY: | ARES MANAGEMENT LLC, AS PORTFOLIO MANAGER | |
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: | Xxxxxxx Xxxxxxxx | |
| Title: | Vice President | |
[Signature page to First Amendment]
LENDERS:
| WELLPOINT, INC. | ||
| BY: | ARES WLP MANAGEMENT, L.P., ITS INVESTMENT MANAGER | |
| BY: | ARES WLP MANAGEMENT GP, LLC, ITS GENERAL PARTNER | |
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: | Xxxxxxx Xxxxxxxx | |
| Title: | Vice President | |
[Signature page to First Amendment]
LENDERS:
| Black Diamond CLO 0000-0 (XXXXXX) LTD. By: Black Diamond CLO 2006-1 Adviser, L.L.C., As Its Collateral Manager | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Managing Principal | ||
[Signature page to First Amendment]
LENDERS:
| BlackRock Senior High Income Fund, Inc. Allied World Assurance Company, Ltd JPMBI re Blackrock BankLoan Fund BlackRock Floating Rate Income Trust BlackRock Defined Opportunity Credit Trust BlackRock Limited Duration Income Trust BMI-CLO-I BlackRock Funds II BlackRock Floating Rate Income Portfolio BlackRock Funds II, BlackRock Strategic Income Opportunities Portfolio BlackRock Senior Income Series IV BlackRock Senior Income Series V Limited BlackRock Debt Strategies Fund, Inc. BlackRock Diversified Income Strategies Fund, Inc. BlackRock Floating Rate Income Strategies Fund,Inc. BlackRock Floating Rate Income Strategies Fund II, Inc. BlackRock Global Investment Series: Income Strategies Portfolio Ironshore Inc. Missouri State Employees’ Retirement System BlackRock Fixed Income Portable Alpha Master Series Trust BlackRock Senior Floating Rate Portfolio | ||
| By: | /s/ C. Xxxxxx Xxxxxxxx | |
| Name: C. Xxxxxx Xxxxxxxx Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| BLT 24 LLC | ||
| By: | /s/ Xxxxxx Xxxxxx | |
| Name: Xxxxxx Xxxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| BLT 39 LLC | ||
| By: | /s/ Xxxxxx Xxxxxx | |
| Name: Xxxxxx Xxxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| CANARAS SUMMIT CLO LTD By: Canaras Capital Management LLC As Sub-Investment Adviser | ||
| By: | /s/ Xxxxxxx X. Xxxxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Green Island CBNA LOAN FUNDING LLC By: Citibank, N.A. | ||
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: Xxxxxxx Xxxxxxxx | ||
| Title: Director | ||
[Signature page to First Amendment]
LENDERS:
| Carlyle Arnage CLO, Ltd. | ||
| By: | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Carlyle Daytona CLO, Ltd. | ||
| By: | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Carlyle Global Market Strategies CLO 2011-1, Ltd. | ||
| By: | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Carlyle High Yield Partners IX, Ltd | ||
| By: | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Carlyle High Yield Partners VIII, Ltd | ||
| By: | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Carlyle High Yield Partners X, Ltd | ||
| By: | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxxxx XxXxxxx CLO, Ltd. | ||
| By: | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Foothill CLO I, Ltd | ||
| By: | /s/ Xxxxx Xxxxxxxx | |
| Name: Xxxxx Xxxxxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Mountain Capital CLO IV Ltd. | ||
| By: | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Mountain Capital CLO V Ltd. | ||
| By: | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Mountain Capital CLO VI Ltd. | ||
| By: | /s/ Xxxxx Xxxx | |
| Name: Xxxxx Xxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| CCA EAGLE LOAN MASTER FUND LTD. By: Citigroup Alternative Investments LLC, as Investment manager for and on behalf of CCA EAGLE LOAN MASTER FUND LTD. | ||
| By: | /s/ Xxxxx Xxx | |
| Name: Xxxxx Xxx | ||
| Title: VP | ||
[Signature page to First Amendment]
LENDERS:
| XXXXX STREET CLO IV, LTD. By: Citigroup Alternative Investments LLC, As Collateral Manager | ||
| By: | /s/ Xxxxx Xxx | |
| Name: Xxxxx Xxx | ||
| Title: VP | ||
[Signature page to First Amendment]
LENDERS:
| LMP Corporate Loan Fund, Inc. | ||
| By: Citi Alternative Investments LLC | ||
| By: | /s/ Xxxxx Xxx | |
| Name: Xxxxx Xxx Title: VP | ||
[Signature page to First Amendment]
LENDERS:
| REGATTA FUNDING LTD. By: Citi Alternative Investments LLC, attorney-in-fact | ||
| By: | /s/ Xxxxx Xxx | |
| Name: Xxxxx Xxx Title: VP | ||
[Signature page to First Amendment]
LENDERS: SHINNECOCK CLO 2006-1 LTD
| By: | /s/ XXXXXXX XXXXXXXXX | |
| Name: XXXXXXX XXXXXXXXX Title: CFO | ||
[Signature page to First Amendment]
LENDERS:
| Cent CDO 12 Limited | ||
| By: Columbia Management Investment Advisers, LLC As Collateral Manager | ||
| By: | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx Title: Assistant Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Cent CDO 14 Limited | ||
| By: Columbia Management Investment Advisers, LLC As Collateral Manager | ||
| By: | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx Title: Assistant Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Cent CDO 15 Limited | ||
| By: Columbia Management Investment Advisers, LLC As Collateral Manager | ||
| By: | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx Title: Assistant Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Cent CDO XI Limited | ||
| By: Columbia Management Investment Advisers, LLC As Collateral Manager | ||
| By: | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx Title: Assistant Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Columbia Strategic Income Fund, a series of Columbia Funds Series Trust I | ||
| By: | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Columbia Floating Rate Fund, a series of Columbia Funds Series Trust II | ||
| By: | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx Title: Assistant Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Columbia Variable Portfolia — Strategic Income Fund, a series of Columbia Funds Variable Insurance Trust | ||
| By: | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| RiverSource Life Insurance Company | ||
| By: | /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Teak Hill Master Fund LP | ||
| By: | /s/ Xxxxxx X. Xxxxxx | |
| Name: Xxxxxx Xxxxxx Title: Managing Principal Credit Capital Investments LLC On behalf of Teak Hill Master Fund LP | ||
[Signature page to First Amendment]
LENDERS:
| Atrium VII Madison Park Funding VII, Ltd. By: Credit Suisse Asset Management, LLC, as portfolio manager | ||
| By: | /s/ Xxxxx X. Xxxx | |
| Name: XXXXX X. XXXX | ||
| Title: AUTHORIZED SIGNATORY | ||
| Madison Park Funding II, Ltd. Madison Park Funding IV, Ltd. Madison Park Funding V, Ltd. Madison Park Funding VI, Ltd. By: Credit Suisse Asset Management, LLC, as collateral manager | ||
| By: | /s/ Xxxxx X. Xxxx | |
| Name: XXXXX X. XXXX | ||
| Title: AUTHORIZED SIGNATORY | ||
| Qualcomm Global Trading, Inc. BA/CSCREDIT1 LLC California State Teachers Retirement System By: Credit Suisse Asset Management, LLC, as investment manager | ||
| By: | /s/ Xxxxx X. Xxxx | |
| Name: XXXXX X. XXXX | ||
| Title: AUTHORIZED SIGNATORY | ||
| Commonwealth of Pennsylvania Treasury Department By: Credit Suisse Asset Management, LLC, as investment adviser | ||
| By: | /s/ Xxxxx X. Xxxx | |
| Name: XXXXX X. XXXX | ||
| Title: AUTHORIZED SIGNATORY | ||
| Credit Suisse Floating Rate High Income Fund By: Credit Suisse Asset Management, LLC, as investment adviser | ||
| By: | /s/ Xxxxx X. Xxxx | |
| Name: XXXXX X. XXXX | ||
| Title: AUTHORIZED SIGNATORY | ||
| Xxxxxxx Wholesale Syndicated Loan Fund By: Credit Suisse Asset Management, LLC, as agent (sub-advisor) for Challenger Investment Services Limited, the Responsible Entity for Xxxxxxx Wholesale Syndicated Loan Fund | ||
| By: | /s/ Xxxxx X. Xxxx | |
| Name: XXXXX X. XXXX | ||
| Title: AUTHORIZED SIGNATORY | ||
LENDERS:
| TRS HY FNDS LLC | ||||
| By: Deutsche Bank AG Cayman Islands Branch, its sole member | ||||
| By: DB Services New Jersey, Inc. | ||||
| By: | /s/ Xxxxxxxxx XxXxxxxx | |||
| Name: Xxxxxxxxx XxXxxxxx Title: Assistant Vice President | ||||
| By: | /s/ Xxxxxxx Xxxxxxx | |||
| Name: Xxxxxxx Xxxxxxx Title: Assistant Vice President | ||||
[Signature page to First Amendment]
| CMFG Life Insurance Company | ||
| By: Deutsche Investment Management Americas, Inc. As Subadvisor | ||
| By: | /s/ Xxxx X. Xxxxx | |
| Xxxx X. Xxxxx, Managing Director | ||
| By: | /s/ Xxxx Xxxxxxx | |
| Name: Xxxx Xxxxxxx Title: Director | ||
[Signature page to First Amendment]
| Flagship CLO VI By: Deutsche Investment Management Americas, Inc. As Collateral Manager | ||
| By: | /s/ Xxxx X. Xxxxx | |
| Xxxx X. Xxxxx, Managing Director | ||
| By: | /s/ Xxxx Xxxxxxx | |
| Name: Xxxx Xxxxxxx Title: Director | ||
[Signature page to First Amendment]
| MT. WHITNEY SECURITIES INC., as Assignee By: Deutsche Investment Management Americas Inc. As Manager | ||
| By: | /s/ Xxxx X. Xxxxx | |
| Xxxx X. Xxxxx, Managing Director | ||
| By: | /s/ Xxxx Xxxxxxx | |
| Name: Xxxx Xxxxxxx Title: Director | ||
[Signature page to First Amendment]
LENDERS:
| Doral CLO II, Ltd. | ||
| By: | /s/ Xxxxx XxXxx | |
| Name: Xxxxx XxXxx Title: Director | ||
[Signature page to First Amendment]
LENDERS:
| Doral Money, Inc. | ||
| By: | /s/ Xxxxx XxXxx | |
| Name: Xxxxx XxXxx Title: Director | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxx Xxxxx CDO IX Ltd. By: Xxxxx Xxxxx Management as Investment Advisor | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxx Xxxxx CDO VII PLC By: Xxxxx Xxxxx Management as Interim Investment Advisor | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxx Xxxxx CDO VIII, Ltd. By: Xxxxx Xxxxx Management As Investment Advisor | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxx Xxxxx CDO X PLC | ||
| By: Xxxxx Xxxxx Management | ||
| As Investment Advisor | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| XXXXX XXXXX FLOATING-RATE INCOME TRUST | ||
| BY: XXXXX XXXXX MANAGEMENT AS INVESTMENT ADVISOR | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| XXXXX XXXXX INSTITUTIONAL SENIOR LOAN FUND | ||
| BY: XXXXX XXXXX MANAGEMENT AS INVESTMENT ADVISOR | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxx Xxxxx Limited Duration Income Fund | ||
| By: Xxxxx Xxxxx Management | ||
| as Investment Advisor | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxx Xxxxx International | ||
| (Cayman Islands) Floating-Rate | ||
| Income Portfolio | ||
| By: Xxxxx Xxxxx Management as | ||
| Investment Advisor | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| XXXXX XXXXX SENIOR | ||
| FLOATING-RATE TRUST | ||
| BY: XXXXX XXXXX MANAGEMENT | ||
| AS INVESTMENT ADVISOR | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| XXXXX XXXXX SENIOR INCOME TRUST | ||
| BY: XXXXX XXXXX MANAGEMENT | ||
| AS INVESTMENT ADVISOR | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxx Xxxxx Short Duration Diversified Income Fund | ||
| By: Xxxxx Xxxxx Management | ||
| as Investment Advisor | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| XXXXX XXXXX | ||
| VT FLOATING-RATE INCOME FUND | ||
| BY: XXXXX XXXXX MANAGEMENT | ||
| AS INVESTMENT ADVISOR | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| XXXXXXX & CO | ||
| BY: BOSTON MANAGEMENT AND RESEARCH | ||
| AS INVESTMENT ADVISOR | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| MET INVESTORS SERIES TRUST- | ||
| MET/XXXXX XXXXX FLOATING RATE PORTFOLIO | ||
| BY XXXXX XXXXX MANAGEMENT | ||
| AS INVESTMENT SUB-ADVISOR | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| PACIFIC LIFE FUNDS-PL FLOATING RATE LOAN FUND | ||
| BY: XXXXX XXXXX MANAGEMENT | ||
| AS INVESTMENT SUB-ADVISOR | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| PACIFIC SELECT FUND | ||
| FLOATING RATE LOAN PORTFOLIO | ||
| BY: XXXXX XXXXX MANAGEMENT | ||
| AS INVESTMENT SUB-ADVISOR | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| RIVERSOURCE VARIABLE SERIES TRUST-VARIABLE PORTFOLIO | ||
| XXXXX XXXXX FLOATING RATE INCOME FUND | ||
| BY: XXXXX XXXXX MANAGEMENT | ||
| AS INVESTMENT SUB-ADVISOR | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| SENIOR DEBT PORTFOLIO | ||
| By: Boston Management and Research as Investment Advisor | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Fidelity Advisor Series I: Fidelity Advisor Floating Rate | ||
| High Income Fund | ||
| By: | /s/ Xxx Xxxxxxxx | |
| Name: Xxx Xxxxxxxx | ||
| Title: Deputy Treasurer | ||
[Signature page to First Amendment]
LENDERS:
| Fidelity Central Investment Portfolios LLC: Fidelity | ||
| Floating Rate Central Fund | ||
| By: | /s/ Xxx Xxxxxxxx | |
| Name: Xxx Xxxxxxxx | ||
| Title: Deputy Treasurer | ||
[Signature page to First Amendment]
LENDERS:
| Fidelity Floating Rate High Income Investment Trust, For Fidelity Investments Canada ULC as Trustee of Fidelity Floating Rate High Income Investment Trust | ||
| By: | /s/ Xxx Xxxxxxxx | |
| Name: Xxx Xxxxxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Fidelity Summer Street Trust: Fidelity Series Floating Rate High Income Fund | ||
| By: | /s/ Xxx Xxxxxxxx | |
| Name: Xxx Xxxxxxxx | ||
| Title: Deputy Treasurer | ||
[Signature page to First Amendment]
LENDERS:
| Fifth Third Bank | ||
| By: | /s/ Xxxxxx Xxxxxxxx | |
| Name: Xxxxxx Xxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Advanced Series Trust – AST First Trust Balanced Target Portfolio | ||
| By: First Trust Advisors L.P. its investment manager or its investment advisor | ||
| By: | /s/ Xxxxxxx X. Xxxxxx, Xx. | |
| Name: Xxxxxxx X. Xxxxxx, Xx. | ||
| Title: Senior Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Advanced Series Trust – AST First Trust Capital Appreciation Target Portfolio | ||
| By: First Trust Advisors L.P. its investment manager or its investment advisor | ||
| By: | /s/ Xxxxxxx X. Xxxxxx, Xx. | |
| Name: Xxxxxxx X. Xxxxxx, Xx. | ||
| Title: Senior Vice President | ||
[Signature page to First Amendment]
| LENDERS: | First Trust Senior Floating Rate Income Fund II By: First Trust Advisors L.P. its investment manager or its investment advisor | |||||
| By: | /s/ Xxxxxxx X. Xxxxxx, Xx. | |||||
| Name: Xxxxxxx X. Xxxxxx, Xx. Title: Senior Vice President | ||||||
[Signature page to First Amendment]
LENDERS:
| Fairway Fund Limited | ||
| By Fore Research & Management, LP | ||
| By: | /s/ Xxxxxx Xxxxxxxx | |
| Name: Xxxxxx Xxxxxxxx Title: Chief Financial Officer Fore Research & Management, LP | ||
[Signature page to First Amendment]
LENDERS:
| Fore CLO Ltd. 2007-I | ||
| By Fore Research & Management, LP | ||
| By: | /s/ Xxxxxx Xxxxxxxx | |
| Name: Xxxxxx Xxxxxxxx Title: Chief Financial Officer Fore Research & Management, LP | ||
[Signature page to First Amendment]
LENDERS:
| Fore ERISA Multi Strategy Fund, Ltd. | ||
| By Fore Research & Management, LP | ||
| By: | /s/ Xxxxxx Xxxxxxxx | |
| Name: Xxxxxx Xxxxxxxx Title: Chief Financial Officer Fore Research & Management, LP | ||
[Signature page to First Amendment]
LENDERS:
| Fore Multi Strategy Master Fund, Ltd | ||
| By Fore Research & Management, LP | ||
| By: | /s/ Xxxxxx Xxxxxxxx | |
| Name: Xxxxxx Xxxxxxxx Title: Chief Financial Officer Fore Research & Management, LP | ||
[Signature page to First Amendment]
LENDERS:
| FRANKLIN CLO V, LTD. | ||
| By: | /s/ Xxxxx Xxxxxx | |
| Name: Xxxxx Xxxxxx, Franklin Advisers, Inc. as Collateral Manager Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| FRANKLIN CLO VI, LTD. | ||
| By: | /s/ Xxxxx Xxxxxx | |
| Name: Xxxxx Xxxxxx, Franklin Advisers, Inc. as Collateral Manager Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| FRANKLIN FLOATING RATE MASTER SERIES | ||
| By: | /s/ Xxxxxxx Xxx | |
| Name: Xxxxxxx Xxx Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| FRANKLIN INVESTORS SECURITIES TRUST – FRANKLIN FLOATING RATE DAILY ACCESS FUND | ||
| By: | /s/ Xxxxxxx Xxx | |
| Name: Xxxxxxx Xxx Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| FRANKLIN INVESTORS SECURITIES TRUST FRANKLIN LOW DURATION TOTAL RETURN FUND | ||
| By: | /s/ Guang Xxxx Xx | |
| Name: Guang Xxxx Xx Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| FRANKLIN INVESTORS SECURITIES TRUST | ||
| FRANKLIN REAL RETURN FUND | ||
| By: | /s/ Guang Xxxx Xx | |
| Name: Guang Xxxx Xx Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| FRANKLIN STRATEGIC INCOME FUND (CANADA) | ||
| By: | /s/ Guang Xxxx Xx | |
| Name: Guang Xxxx Xx Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| FRANKLIN STRATEGIC SERIES-FRANKLIN | ||
| STRATEGIC INCOME FUND | ||
| By: | /s/ Gaung Xxxx Xx | |
| Name: Guang Xxxx Xx Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| FRANKLIN XXXXXXXXX SERIES II FUNDS – FRANKLIN FLOATING RATE II FUND | ||
| By: | /s/ Xxxxxxx Xxx | |
| Name: Xxxxxxx Xxx Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| FRANKLIN XXXXXXXXX TOTAL RETURN FDP | ||
| FUND OF FDP SERIES, INC. | ||
| By: | /s/ Guang Xxxx Xx | |
| Name: Guang Xxxx Xx Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| FRANKLIN XXXXXXXXX VARIABLE INSURANCE PRODUCTS TRUST FRANKLIN STRATEGIC INCOME SECURITIES FUND | ||
| By: | /s/ Guang Xxxx Xx | |
| Name: Guang Xxxx Xx Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| FRANKLIN TOTAL RETURN FUND | ||
| By: | /s/ Guang Xxxx Xx | |
| Name: Guang Xxxx Xx Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| MET INVESTORS SERIES TRUST - MET/FRANKLIN LOW DURATION TOTAL RETURN PORTFOLIO | ||
| By: | /s/ Guang Xxxx Xx | |
| Name: Guang Xxxx Xx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Global Leveraged Capital Credit Opportunity Fund I, as Lender
Global Leveraged Capital Management, LLC, as Collateral Manager | ||
| By: | /s/ Xxxx Xxxxxx | |
| Name: Xxxx Xxxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| GoldenTree Capital Solutions Fund Financing | ||
| By: GoldenTree Asset Management, LP | ||
| By: | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Director – Bank Debt | ||
[Signature page to First Amendment]
LENDERS:
| GoldenTree Capital Solutions Offshore Fund Financing | ||
| By: GoldenTree Asset Management, LP | ||
| By: | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Director – Bank Debt | ||
[Signature page to First Amendment]
LENDERS:
| GoldenTree Credit Opportunities Financing I, Limited | ||
| By: GoldenTree Asset Management, LP | ||
| By: | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Director – Bank Debt | ||
[Signature page to First Amendment]
LENDERS:
| GCP CLO 11 Loan Funding LLC | ||
| By: | /s/ Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Director | ||
[Signature page to First Amendment]
LENDERS:
| Greywolf CLO I, Ltd | ||
| By: Greywolf Capital Management LP, its Investment Manager | ||
| By: | /s/ Xxxxxx Xxxxxx | |
| Name: Xxxxxx Xxxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| XXXXXXX XXXXX CREDIT PARTNERS L.P. | ||
| By: | /s/ Xxxxxxxx Xxxxxxx | |
| Name: Xxxxxxxx Xxxxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Eastland CLO, Ltd. | ||
| By: Highland Capital Management, L.P., As Collateral Manager By: Strand Advisors, Inc., Its General Partner | ||
| By: | /s/ Xxxxxx Xxxxx | |
| Name: Xxxxxx Xxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxxxx CLO, Ltd. | ||
| By: Highland Capital Management, L.P. As Collateral Manager By: Strand Advisors, Inc., Its General Partner | ||
| By: | /s/ Xxxxxx Xxxxx | |
| Name: Xxxxxx Xxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Greenbriar CLO, LTD. | ||
| By: Highland Capital Management, L.P., As Collateral Manager | ||
| By: Strand Advisors, Inc., Its General Partner | ||
| By: | /s/ Xxxxxx Xxxxx | |
| Name: Xxxxxx Xxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxxx’x Island CLO I-R, Ltd. | ||
| By: Acis Capital Management, LP, its Collateral Manager | ||
| By: Acis Capital Management GP, LLC, its general partner | ||
| By: | /s/ Xxxxxx Xxxxx | |
| Name: Xxxxxx Xxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Rockwall CDO II Ltd. | ||
| By: Highland Capital Management, L.P.; As Collateral Manager | ||
| By: Strand Advisors, Inc., Its General Partner | ||
| By: | /s/ Xxxxxx Xxxxx | |
| Name: Xxxxxx Xxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Westchester CLO, Ltd. | ||
| By: Highland Capital Management, L.P. As Collateral Manager | ||
| By: Strand Advisors, Inc., Its General Partner | ||
| By: | /s/ Xxxxxx Xxxxx | |
| Name: Xxxxxx Xxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| ING IM CLO 2012-1, Ltd. | ||
| By: | ING Alternative Asset Management LLC, as its portfolio manager | |
| ING Investment Management CLO III, LTD. | ||
| By: | ING Alternative Asset Management LLC, as its investment manager | |
| ING Investment Management CLO IV, LTD. | ||
| By: | ING Alternative Asset Management LLC, as its investment manager | |
| ING Investment Management CLO V, LTD. | ||
| By: | ING Alternative Asset Management LLC, as its investment manager | |
| ING (L) Flex - Senior Loans | ||
| By: | ING Investment Management Co. LLC, as its investment manager | |
| Phoenix CLO II, LTD. | ||
| By: | ING Alternative Asset Management LLC, as its investment manager | |
| Phoenix CLO III, LTD. | ||
| By: | ING Alternative Asset Management LLC, as its investment manager | |
| ING Floating Rate Fund | ||
| By: | ING Investment Management Co. LLC, as its investment manager | |
| IBM Personal Pension Plan Trust | ||
| By: | ING Investment Management Co. LLC, as its investment manager | |
| ING IM CLO 2011-1, Ltd. | ||
| By: | ING Alternative Asset Management LLC, as its portfolio manager | |
| ISL Loan Trust | ||
| By: | ING Investment Management Co. LLC, as its investment advisor | |
| By: | /s/ Romain Catols | |
| Name: Romain Catols | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| CRATOS CLO I LTD. | ||
| By: Cratos CDO Management LLC, As Attorney-in-Fact | ||
| By: JMP Credit Advisors LLC, Its Manager | ||
| By: | /s/ Xxxxx Xxxxxxxx | |
| Name: Xxxxx Xxxxxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| X. X. Xxxxxx Whitefriars Inc. | ||
| By: | /s/ Xxxxxxxx X. Xxxxxx | |
| Name: Xxxxxxxx X. Xxxxxx | ||
| Title: Attorney - in -Fact | ||
[Signature page to First Amendment]
LENDERS:
| KATONAH VIII CLO LTD. | ||
| By: | /s/ Xxxxxx Xxxxxxxx | |
| Name: XXXXXX XXXXXXXX | ||
| Title: Authorized Officer Katonah Debt Advisors, L.L.C. As Manager | ||
[Signature page to First Amendment]
LENDERS:
| KATONAH X CLO LTD. | ||
| By: | /s/ Xxxxxx Xxxxxxxx | |
| Name: XXXXXX XXXXXXXX | ||
| Title: Authorized Officer Katonah Debt Advisors, L.L.C. As Manager | ||
[Signature page to First Amendment]
LENDERS:
| LCM X Limited Partnership | ||
| By: | LCM Asset Management LLC As Collateral Manager | |
| By: | /s/ LCM Asset Management LLC | |
| Name: LCM Asset Management LLC | ||
| Title: Xxxxxxxxx X. Xxxxx | ||
[Signature page to First Amendment]
LENDERS:
| APOSTLE XXXXXX XXXXXX CREDIT OPPORTUNITIES FUND,
As Lender | ||||
| By: | Xxxxxx, Xxxxxx & Company, L.P., Its Investment Manager | |||
| By: | Xxxxxx, Xxxxxx & Company, Incorporated, Its General Partner | |||
| By: | /s/ Xxxx XxXxxxxx | |||
| Name: Xxxx XxXxxxxx | ||||
| Title: Vice President | ||||
[Signature page to First Amendment]
LENDERS:
| APOSTLE XXXXXX XXXXXX SENIOR LOAN FUND,
As Lender | ||||
| By: | Xxxxxx, Xxxxxx & Company, L.P., Its Investment Manager | |||
| By: | Xxxxxx, Xxxxxx & Company, Incorporated, Its General Partner | |||
| By: | /s/ Xxxx XxXxxxxx | |||
| Name: Xxxx XxXxxxxx | ||||
| Title: Vice President | ||||
[Signature page to First Amendment]
LENDERS:
| THE XXXXXX XXXXXX SENIOR LOAN FUND, LLC,
As Lender | ||||
| By: | Xxxxxx, Xxxxxx & Company, L.P., Its Managing Member | |||
| By: | Xxxxxx, Xxxxxx & Company, Incorporated, Its General Partner | |||
| By: | /s/ Xxxx XxXxxxxx | |||
| Name: Xxxx XxXxxxxx | ||||
| Title: Vice President | ||||
[Signature page to First Amendment]
LENDERS:
| NATIXIS XXXXXX XXXXXX SENIOR LOAN FUND,
As Lender | ||||
| By: | Xxxxxx, Xxxxxx & Company, L.P., Its Investment Manager | |||
| By: | Xxxxxx, Xxxxxx & Company, Incorporated, Its General Partner | |||
| By: | /s/ Xxxx XxXxxxxx | |||
| Name: Xxxx XxXxxxxx | ||||
| Title: Vice President | ||||
[Signature page to First Amendment]
LENDERS:
| Golden Knight II CLO, Ltd. | ||
| By: | /s/ Xxxx Xxxxxxxxxxx | |
| Name: Xxxx Xxxxxxxxxxx | ||
| Title: Portfolio Manager | ||
[Signature page to First Amendment]
LENDERS:
| LATITUDE CLO II, LTD | ||
| By: | /s/ Xxxx Xxxxxxxx | |
| Name: Xxxx Xxxxxxxx | ||
| Title: Senior Vice President | ||
[Signature page to First Amendment]
LENDERS:
| LATITUDE CLO III, LTD | ||
| By: | /s/ Xxxx Xxxxxxxx | |
| Name: Xxxx Xxxxxxxx | ||
| Title: Senior Vice president | ||
[Signature page to First Amendment]
LENDERS:
| ILLINOIS STATE BOARD OF INVESTMENT | ||
| By: XxXxxxxxx Alternative credit Strategies, LLC, as Investment Manager | ||
| By: | /s/ Xxxxxxxx X. Xxxx | |
| Name: Xxxxxxxx X. Xxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| XxXxxxxxx Bank Loan Select Master Fund, a Class of The XxXxxxxxx Bank Loan Select Series Trust I | ||
| By: XxXxxxxxx Alternative Credit Strategies, LLC, as Investment Manager | ||
| By: | /s/ Xxxxxxxx X. Xxxx | |
| Name: Xxxxxxxx X. Xxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| XXXXXXXXX LOAN OPPORTUNITY LTD. | ||
| By: XxXxxxxxx Alternative Credit Strategies, LLC, as Investment Manager | ||
| By: | /s/ Xxxxxxxx X. Xxxx | |
| Name: Xxxxxxxx X. Xxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| General American Life Insurance Company | ||
| By: | /s/ Xxxxxxx X. XxXxxxxx | |
| Name: Xxxxxxx X. XxXxxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| MetLife Insurance Company of Connecticut | ||
| By: | /s/ Xxxxxxx X. XxXxxxxx | |
| Name: Xxxxxxx X. XxXxxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Metropolitan Life Insurance Company | ||
| By: | /s/ Xxxxxxx X. XxXxxxxx | |
| Name: Xxxxxxx X. XxXxxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Venture IX CDO, Limited | ||
| By: its investment advisor, MJX Asset Management LLC | ||
| By: | /s/ Xxxxxxx Xxxxx | |
| Name: Xxxxxxx Xxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Venture V CDO Limited | ||
| By: its investment advisor, MJX Asset Management, LLC | ||
| By: | /s/ Xxxxxxx Xxxxx | |
| Name: Xxxxxxx Xxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Venture VI CDO Limited | ||
| By: its investment advisor, MJX Asset Management, LLC | ||
| By: | /s/ Xxxxxxx Xxxxx | |
| Name: Xxxxxxx Xxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Venture VII CDO Limited | ||
| By: its investment advisor, MJX Asset Management, LLC | ||
| By: | /s/ Xxxxxxx Xxxxx | |
| Name: Xxxxxxx Xxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Venture VIII CDO, Limited | ||
| By: its investment advisor, MJX Asset Management, LLC | ||
| By: | /s/ Xxxxxxx Xxxxx | |
| Name: Xxxxxxx Xxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Ares NF CLO XIV Ltd | ||
| By: Ares NF CLO XIV Management, L.P., its collateral manager
By: Ares NF CLO XIV Management, LLC, its general partner | ||
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: Xxxxxxx Xxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| NB Global Floating Rate Income Fund Limited | ||
| By Xxxxxxxxx Xxxxxx Fixed Income LLC as collateral manager | ||
| By: | /s/ Xxxxx Xxxxxx | |
| Name: Xxxxx Xxxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxxxxxx Xxxxxx - Floating Rate Income Fund | ||
| By Xxxxxxxxx Xxxxxx Fixed Income LLC as collateral manager | ||
| By: | /s/ Xxxxx Xxxxxx | |
| Name: Xxxxx Xxxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxxxxxx Xxxxxx Strategic Income Fund | ||
| By Xxxxxxxxx Xxxxxx Fixed Income LLC as collateral manager | ||
| By: | /s/ Xxxxx Xxxxxx | |
| Name: Xxxxx Xxxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Maryland State Retirement and Pension System | ||
| By Xxxxxxxxx Xxxxxx Fixed Income LLC as collateral manager | ||
| By: | /s/ Xxxxx Xxxxxx | |
| Name: Xxxxx Xxxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Hallmark Insurance Company | ||
| By: | /s/ Xxxxx Xxxxxx | |
| Name: Xxxxx Xxxxxx | ||
| Title: Vice President | ||
[Signature page to Tronox First Amendment]
LENDERS:
| Xxxxxx Corporate/Gov’t Bond Fund | ||
| By: | /s/ Xxxxxxx Xxxx | |
| Name: Xxxxxxx Xxxx | ||
| Title: Portfolio Manager | ||
[Signature page to First Amendment]
LENDERS:
| IBEW Local No. 82 Pension Plan | ||
| By: | /s/ Xxxxxxx Xxxx | |
| Name: Xxxxxxx Xxxx | ||
| Title: Portfolio Manager | ||
[Signature page to First Amendment]
LENDERS:
| Virtus Balanced Fund | ||
| By: | /s/ Xxxxxxx Xxxx | |
| Name: Xxxxxxx Xxxx | ||
| Title: Portfolio Manager | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxxx Xxxx Fund | ||
| By: | /s/ Xxxxxxx Xxxx | |
| Name: Xxxxxxx Xxxx | ||
| Title: Portfolio Manager | ||
[Signature page to First Amendment]
LENDERS:
| Oak Hill Credit Partners V, Limited | ||
| By: Oak Hill Advisors, L.P., as Portfolio Manager | ||
| By: | /s/ Xxxxx X. August | |
| Name: Xxxxx X. August | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| OHA Intrepid Leveraged Loan Fund, Ltd. | ||
| By: Oak Hill Advisors, L.P., as its Portfolio Manager | ||
| By: | /s/ Xxxxx X. August | |
| Name: Xxxxx X. August | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| OHA Park Avenue CLO I, Ltd. | ||
| By: Oak Hill Advisors, L.P., as Investment Manager | ||
| By: | /s/ Xxxxx X. August | |
| Name: Xxxxx X. August | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| ACE Tempest Reinsurance Ltd. | ||
| By: Oaktree Capital Management, L.P. Its: Investment Manager | ||
| By: | /s/ Xxxxx Xxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxx | ||
| Title: Managing Director | ||
| By: | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Arch Investment Holdings IV Ltd. | ||
| By: Oaktree Capital Management, L.P. Its: Investment Manager | ||
| By: | /s/ Xxxxx Xxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxx | ||
| Title: Managing Director | ||
| By: | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Oaktree Senior Loan Fund, L. P. | ||
| By: Oaktree Senior Loan Fund GP, L.P. Its: General Partner, By: Oaktree Fund GP IIA, LLC Its: General Partner, By: Oaktree Fund XX XX, L.P. Its: Managing Member | ||
| By: | /s/ Xxxxx Xxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxx | ||
| Title: Authorized Signatory | ||
| By: | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| The Public Education Employees Retirement System of Missouri | ||
| By: Oaktree Capital Management, L.P. Its: Investment Manager | ||
| By: | /s/ Xxxxx Xxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxx | ||
| Title: Managing Director | ||
| By: | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| The Public School Retirement System of Missouri | ||
| By: Oaktree Capital Management, L.P. Its: Investment Manager | ||
| By: | /s/ Xxxxx Xxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxx | ||
| Title: Managing Director | ||
| By: | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| Deutsche Bank AG New York Branch | ||
| By: DB Services New Jersey, Inc. | ||
| By: | /s/ Xxxxxxxxx XxXxxxxx | |
| Name: Xxxxxxxxx XxXxxxxx | ||
| Title: Assistant Vice President | ||
| By: | /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | ||
| Title: Assistant Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Octagon Investment Partners XII, Ltd. | ||
| By: | Octagon Credit Investors, LLC as Collateral Manager | |
| By: | /s/ Xxxxxxxx X. Xxxxxx | |
| Name: Xxxxxxxx X. Xxxxxx | ||
| Title: Managing Director of Portfolio Administration | ||
[Signature page to First Amendment]
LENDERS:
| OCP CLO 2012-1, Ltd. | ||
| By: | ONEX Credit Partners, LLC, as Portfolio Manager | |
| By: | /s/ Xxxxxx Xxxxxx | |
| Name: Xxxxxx Xxxxxx | ||
| Title: General Counsel | ||
[Signature page to First Amendment]
LENDERS:
| ORIX CORPORATE CAPITAL INC. | ||
| By: | /s/ Xxxxxxxxxxx X. Xxxxx | |
| Name: Xxxxxxxxxxx X. Xxxxx | ||
| Title: Senior Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| PIMCO Cayman Bank Loan Fund | ||||
| By: | Pacific Investment Management Company LLC, as its Investment Advisor | |||
| By: | /s/ Xxxxxx Y. D. Xxx | |||
| Xxxxxx Y. D. Xxx | ||||
| Executive Vice President | ||||
[Signature page to First Amendment]
LENDERS:
| PIMCO Funds: PIMCO Senior Floating Rate Fund | ||||
| By: | Pacific Investment Management Company LLC, as its Investment Advisor | |||
| By: | /s/ Xxxxxx Y. D. Xxx | |||
| Xxxxxx Y. D. Xxx | ||||
| Executive Vice President | ||||
[Signature page to First Amendment]
LENDERS:
| PIMCO Funds: Private Account Portfolio Series Senior Floating Rate Portfolio | ||||
| By: | Pacific Investment Management Company LLC, as its Investment Advisor | |||
| By: | /s/ Xxxxxx Y. D. Xxx | |||
| Xxxxxx Y. D. Xxx | ||||
| Executive Vice President | ||||
[Signature page to First Amendment]
LENDERS:
| Xxxxxx XI – Leveraged Loan CDO 2006 | ||
| By: Prudential Investment Management, Inc., as Collateral Manager | ||
| By: | /s/ Xxxxxx Xxxxxxxxxx | |
| Name: Xxxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxxx XVI – Leveraged Loan CDO 2006 By: Prudential Investment Management, Inc., as Collateral Manager | ||
| By: | /s/ Xxxxxx Xxxxxxxxxx | |
| Name: Xxxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxxx XVIII Leveraged Loan 2007 Ltd. By: Prudential Investment Management, Inc., as Collateral Manager | ||
| By: | /s/ Xxxxxx Xxxxxxxxxx | |
| Name: Xxxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxxx XXI Leveraged Loan CDO LLC By: Prudential Investment Management, Inc., as Collateral Manager | ||
| By: | /s/ Xxxxxx Xxxxxxxxxx | |
| Name: Xxxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Xxxxxx XXII Senior Loan Fund By: Prudential Investment Management, Inc., as Portfolio Manager | ||
| By: | /s/ Xxxxxx Xxxxxxxxxx | |
| Name: Xxxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Gateway CLO Limited By: Prudential Investment Management, Inc., as Collateral Manager | ||
| By: | /s/ Xxxxxx Xxxxxxxxxx | |
| Name: Xxxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Pramerica Loan Opportunities Limited
By: Prudential Investment Management, a trading name of Prudential Investment Management, Inc., as Investment Manager | ||
| By: | /s/ Xxxxxx Xxxxxxxxxx | |
| Name: Xxxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Prudential Bank Loan Fund of the Prudential Trust Company Collective Trust By: Prudential Investment Management, Inc., As Investment Advisor | ||
| By: | /s/ Xxxxxx Xxxxxxxxxx | |
| Name: Xxxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Prudential Investment Portfolios, Inc. 14- Prudential Floating Rate Income Fund
By: Prudential Investment Management, Inc., as Investment Advisor | ||
| By: | /s/ Xxxxxx Xxxxxxxxxx | |
| Name: Xxxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Specialized Investment Management SICAV – SIF Corporate Loan Master Fund By: Zaisgroup International LLP, as Investment Advisor By: Pramerica Investment Management Limited, as Portfolio Advisor By: Pramerica Investment Management (a trading name of Prudential Investment Management, Inc.) as Sub-Advisor | ||
| By: | /s/ Xxxxxx Xxxxxxxxxx | |
| Name: Xxxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| Virginia College Savings Plan By: Prudential Investment Management, Inc., as Investor Advisor | ||
| By: | /s/ Xxxxxx Xxxxxxxxxx | |
| Name: Xxxxxx Xxxxxxxxxx | ||
| Title: Vice President | ||
[Signature page to First Amendment]
LENDERS:
| XXXXXX ABSOLUTE RETURN 300 FUND | ||
| By: | See next page | |
| Name: | ||
| Title: | ||
| XXXXXX ABSOLUTE RETURN 300 FUND by Xxxxxx Investment Management, LLC | ||
| /s/ Xxxxx Xxxxxxx | ||
| Name: | Xxxxx Xxxxxxx | |
| Title: | Manager | |
1
LENDERS:
| XXXXXX FLOATING RATE INCOME FUND | ||
| By: | See next page | |
| Name: | ||
| Title: | ||
[Signature page to First Amendment]
| XXXXXX FLOATING RATE INCOME FUND | ||
| /s/ Xxxx Xxxxx | ||
| By: | Xxxx Xxxxx | |
| Title: | V.P. | |
LENDERS:
| XXXXXX ABSOLUTE RETURN 500 FUND | ||
| By: | See next page | |
| Name: | ||
| Title: | ||
XXXXXX FUNDS TRUST,
on behalf of its series, XXXXXX ABSOLUTE RETURN 500 FUND
| by Xxxxxx Investment Management, LLC | ||
| /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | |
| Title: | VP | |
LENDERS:
| XXXXXX ABSOLUTE RETURN 700 FUND | ||
| By: | See next page | |
| Name: | ||
| Title: | ||
XXXXXX FUNDS TRUST,
on behalf of its series, XXXXXX ABSOLUTE RETURN 700 FUND
| by Xxxxxx Investment Management, LLC | ||
| /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | |
| Title: | VP | |
LENDERS:
| Pyramis Floating Rate High Income Commingled Pool, | ||
| By: Pyramis Global Advisors Trust Company as Trustee | ||
| By: | /s/ Xxxx Xxxxx | |
| Name: Xxxx Xxxxx | ||
| Title: VP | ||
| May 2, 2012 | ||
[Signature page to First Amendment]
LENDERS:
| SANDELMAN FINANCE 2006-2, LTD. | ||
| By: Xxxxxx Park, LP As Collateral Manager | ||
| By: | /s/ X. Xxxxxx | |
| Name: X. Xxxxxx | ||
| Title: PM | ||
[Signature page to First Amendment]
LENDERS:
| Qantas Superannuation Plan | ||
| By: Sankaty Advisors, LLC as Investment Manager | ||
| By: | /s/ Xxxxxx X. Xxxxx | |
| Name: Xxxxxx X. Xxxxx | ||
| Title: Sr. Vice President of Operations | ||
[Signature page to First Amendment]
LENDERS:
| Race Point IV CLO, Ltd. | ||
| By: Sankaty Advisors, LLC as Collateral Manager | ||
| By: | /s/ Xxxxxx X. Xxxxx | |
| Name: Xxxxxx X. Xxxxx | ||
| Title: Sr. Vice President of Operations | ||
[Signature page to First Amendment]
LENDERS:
| Race Point V CLO, Limited | ||
| By: Sankaty Advisors, LLC Its Asset Manager | ||
| By: | /s/ Xxxxxx X. Xxxxx | |
| Name: Xxxxxx X. Xxxxx | ||
| Title: Sr. Vice President of Operations | ||
[Signature page to First Amendment]
LENDERS:
| Sankaty High Income Partnership, L.P. | ||
| By: Sankaty Advisors, LLC as Investment Advisor | ||
| By: | /s/ Xxxxxx X. Xxxxx | |
| Name: Xxxxxx X. Xxxxx | ||
| Title: Sr. Vice President of Operations | ||
[Signature page to First Amendment]
LENDERS:
| Sankaty Senior Loan Fund, L.P. | ||
| By: | /s/ Xxxxxx X. Xxxxx | |
| Name: Xxxxxx X. Xxxxx | ||
| Title: Sr. Vice President of Operations | ||
[Signature page to First Amendment]
LENDERS:
| WellPoint, Inc. | ||
| By: Sankaty Advisors, LLC as Investment Manager | ||
| By: | /s/ Xxxxxx X. Xxxxx | |
| Name: Xxxxxx X. Xxxxx | ||
| Title: Sr. Vice President of Operations | ||
[Signature page to First Amendment]
LENDERS:
| BSA Commingled Endowment Fund, LP | ||
| By: | Xxxxxxxx Capital Management, Inc., as Investment Manager | |
| By: | /s/ Xxxxxxx X. Xxxxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxxxx | ||
| Title: Chief Operating Officer | ||
[Signature page to First Amendment]
LENDERS:
| BSA Retirement Plan for Employees | ||
| By: | Xxxxxxxx Capital Management, Inc., as | |
| Investment Manager | ||
| By: | /s/ Xxxxxxx X. Xxxxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxxxx | ||
| Title: Chief Operating Officer | ||
[Signature page to First Amendment]
LENDERS:
| City of Hartford Municipal Employees’ Retirement Fund | ||
| By: | Xxxxxxxx Capital Management, Inc., as Investment Manager | |
| By: | /s/ Xxxxxxx X. Xxxxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxxxx | ||
| Title: Chief Operating Officer | ||
[Signature page to First Amendment]
LENDERS:
| Credos Floating Rate Fund, L.P. | ||
| By: | Xxxxxxxx Capital Management, Inc., | |
| its General Partner | ||
| By: | /s/ Xxxxxxx X. Xxxxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxxxx | ||
| Title: Chief Operating Officer | ||
[Signature page to First Amendment]
LENDERS:
| Xxxx Corporation Pension Plans Trust | ||
| By: | Shenkman Capital Management, Inc., as Investment Advisor | |
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein | ||
| Title: Chief Operating Officer | ||
[Signature page to First Amendment]
LENDERS:
| Highmark Inc. (Shenkman – BANK LOAN ACCOUNT) | ||
| By: | Shenkman Capital Management, Inc., as Investment Manager | |
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein | ||
| Title: Chief Operating Officer | ||
[Signature page to First Amendment]
LENDERS:
| Kentucky Retirement Systems (Shenkman – Insurance Fund Account) | ||
| By: | Shenkman Capital Management, Inc., as Investment Manager, | |
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein | ||
| Title: Chief Operating Officer | ||
[Signature page to First Amendment]
LENDERS:
| Providence Health & Services Cash Balance Retirement Plan | ||
| By: | Shenkman Capital Management, Inc., as Investment Manager, | |
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein | ||
| Title: Chief Operating Officer | ||
[Signature page to First Amendment]
LENDERS:
| Teachers’ Retirement System of Louisiana (Shenkman – BANK LOAN ACCOUNT) | ||
| By: | Shenkman Capital Management, Inc., as Investment Manager | |
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein | ||
| Title: Chief Operating Officer | ||
[Signature page to First Amendment]
LENDERS:
| Texas PrePaid Higher Education Tuition Board | ||
| By: | Shenkman Capital Management, Inc., as Investment Advisor | |
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein | ||
| Title: Chief Operating Officer | ||
[Signature page to First Amendment]
LENDERS:
| Trustees of the University of Pennsylvania | ||
| By: | Shenkman Capital Management, Inc., as Investment Manager | |
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein | ||
| Title: Chief Operating Officer | ||
[Signature page to First Amendment]
LENDERS:
| WM Pool – Fixed Interest Trust No. 7 | ||
| By: | Shenkman Capital Management, Inc., as Investment Manager | |
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein | ||
| Title: Chief Operating Officer | ||
[Signature page to First Amendment]
LENDERS:
| CORNERSTONE CLO LTD. | ||
| By: Stone Tower Debt Advisors LLC, as its Collateral Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Falcon Senior Loan Fund Ltd. | ||
| By: Stone Tower Fund Management LLC As Its Investment Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| IBM Personal Pension Plan Trust | ||
| By: Stone Tower Fund Management LLC, its Investment Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Rampart CLO 2007 Ltd. | ||
| By: Stone Tower Debt Advisors LLC as its Collateral Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Stone Tower CLO V Ltd. | ||
| By: Stone Tower Debt Advisors LLC, As its Collateral Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| STONE TOWER CLO VI LTD. | ||
| By: Stone Tower Debt Advisors LLC, as its Collateral Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| STONE TOWER CLO VII LTD. | ||
| By: Stone Tower Debt Advisors LLC, as its Collateral Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| STONE TOWER CREDIT FUNDING I LTD. | ||
| By: Stone Tower Fund Management LLC, as its Collateral Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
LENDERS:
| Municipal Employees’ Annuity and Benefit Fund of | ||
| Chicago (Symphony) | ||
| By: Symphony Asset Management LLC | ||
| By: | /s/ Scott Caraher | |
| Name: Scott Caraher | ||
| Title: PM | ||
[Signature page to First Amendment]
LENDERS:
| Nuveen Symphony Floating Rate Income Fund By: Symphony Asset Management LLC | ||
| By: | /s/ Scott Caraher | |
| Name: Scott Caraher | ||
| Title: PM | ||
[Signature page to First Amendment]
LENDERS:
| Nuveen Symphony Credit Opportunities Fund By: Symphony Asset Management LLC | ||
| By: | /s/ Scott Caraher | |
| Name: Scott Caraher | ||
| Title: PM | ||
[Signature page to First Amendment]
LENDERS:
| Principal Funds Inc, - Diversified Real Asset Fund By: Symphony Asset Management LLC | ||
| By: | /s/ Scott Caraher | |
| Name: Scott Caraher | ||
| Title: PM | ||
[Signature page to First Amendment]
LENDERS:
| SSF Trust | ||
| By: Symphony Asset Management LLC | ||
| By: | /s/ Scott Caraher | |
| Name: Scott Caraher | ||
| Title: PM | ||
[Signature page to First Amendment]
LENDERS:
| Symphony CLO VII, LTD. | ||
| By: Symphony Asset Management LLC | ||
| By: | /s/ Scott Caraher | |
| Name: Scott Caraher | ||
| Title: PM | ||
[Signature page to First Amendment]
LENDERS:
| Symphony Credit Opportunities Fund, LTD. By: Symphony Asset Management LLC | ||
| By: | /s/ Scott Caraher | |
| Name: Scott Caraher | ||
| Title: PM | ||
[Signature page to First Amendment]
LENDERS:
| Symphony Senior Loan Fund, L.P. By: Symphony Asset Management LLC | ||
| By: | /s/ Scott Caraher | |
| Name: Scott Caraher | ||
| Title: PM | ||
[Signature page to First Amendment]
| This consent is made by the following Lender, acting through the undersigned investment advisor: | ||||
| LENDERS: | ||||
| ACE American Insurance Company | ||||
| By: T. Rowe Price Associates, Inc. as investment advisor | ||||
| By: | /s/ Brian Burns | |||
| Name: Brian Burns | ||||
| Title: Vice President | ||||
[Signature page to First Amendment]
| This consent is made by the following Lender, acting through the undersigned investment advisor: | ||||
| LENDERS: | ||||
| T. Rowe Price Floating Rate Fund, Inc. | ||||
| By: | /s/ Brian Burns | |||
| Name: Brian Burns | ||||
| Title: Vice President | ||||
[Signature page to First Amendment]
| This consent is made by the following Lender, acting through the undersigned investment advisor: | ||||
| LENDERS: | ||||
| T. Rowe Price Institutional Floating Rate Fund | ||||
| By: | /s/ Brian Burns | |||
| Name: Brian Burns | ||||
| Title: Vice President | ||||
[Signature page to First Amendment]
LENDERS:
| Grant Grove CLO, Ltd. | ||||
| By: Tall Tree Investment Management, LLC | ||||
| as Collateral Manager | ||||
| By: | /s/ Douglas L. Winchell | |||
| Name: Douglas L. Winchell | ||||
| Title: Officer | ||||
[Signature page to First Amendment]
| LENDERS: | Muir Grove CLO, Ltd. | |||
| By: Tall Tree Investment Management, LLC as Collateral Manager | ||||
| By: | /s/ Douglas L. Winchell | |||
| Name: Douglas L. Winchell | ||||
| Title: Officer | ||||
[Signature page to First Amendment]
LENDERS:
| TRIMARAN CLO VII LTD. | ||
| By: | /s/ Daniel Gilligan | |
| Name: Daniel Gilligan | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
| Gallatin CLO III 2007-1, LTD | ||||
| LENDERS: | As Assignee | |||
| By: UrsaMine Credit Advisors, LLC as its Collateral Manager | ||||
| By: | /s/ Jane Lawrence | |||
| Name: Jane Lawrence | ||||
| Title: Vice President | ||||
[Signature page to First Amendment]
LENDERS:
| Malibu CBNA Loan Funding LLC | ||
| By: | /s/ Malia Baynes | |
| Name: Malia Baynes | ||
| Title: ATTORNEY-IN-FACT | ||
[Signature page to First Amendment]
LENDERS:
| COA Caerus CLO Ltd., as Lender | ||
| By: FS COA Management LLC, as Portfolio Manager | ||
| By: | /s/ John W. Fraser | |
| Name: John W. Fraser | ||
| Title: Manager | ||
[Signature page to First Amendment]
LENDERS:
| Fraser Sullivan CLO VI Ltd. | ||
| By: FS COA Management, LLC, as Portfolio | ||
| Manager | ||
| By: | /s/ John W. Fraser | |
| Name: John W. Fraser | ||
| Title: Manager | ||
[Signature page to First Amendment]
LENDERS:
| FSC VII LOAN FUNDING (CBNA) LLC By: Citibank, N.A. | ||
| By: | /s/ Lynette Thompson | |
| Name: Lynette Thompson | ||
| Title: Director | ||
[Signature page to First Amendment]
LENDERS:
| WELLS FARGO BANK N.A. | ||
| By: | /s/ Mark A. Silva | |
| Name: Mark A. Silva | ||
| Title: Managing Director | ||
[Signature page to First Amendment]
LENDERS:
| WELLS FARGO PRINCIPAL LENDING, LLC. | ||
| By: | /s/ Dennis R. Ascher | |
| Name: Dennis R. Ascher | ||
| Title: SR VP | ||
[Signature page to First Amendment]
| LENDERS: Western Asset Floating Rate High Income Fund, LLC | ||
| John Hancock Fund II Floating Rate Income | ||
| Fund | ||
| Western Asset Management Company, as | ||
| Investment Manager and Agent on behalf | ||
| of the above | ||
| By: | /s/ Joanne N. Dy | |
| Name: Joanne N. Dy | ||
| Title: Authorized Signatory | ||
[Signature page to First Amendment]
