EXHIBIT 10.3
FOURTH AMENDMENT TO TERM LOAN AGREEMENT
THIS FOURTH AMENDMENT TO TERM LOAN AGREEMENT (the "AMENDMENT") is
entered into effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc.,
a Delaware corporation (the "COMPANY"), Credit Lyonnais New York Branch, as
Administrative Agent (in such capacity, "ADMINISTRATIVE AGENT"), and certain
LENDERS (herein so called) named on SCHEDULE 2.1 (as amended and supplemented
from time to time) of the Term Loan Agreement (as hereinafter defined).
RECITALS
A. The Company, Lenders, Commerzbank AG New York and Cayman Island
Branches, as Syndication Agent, The Bank of Nova Scotia, as Documentation Agent,
and Administrative Agent entered into that certain Term Loan Agreement dated as
of April 7, 2000, as modified and amended pursuant to that certain First
Amendment to Term Loan Agreement dated as of August 21, 2000, that certain
Waiver and Second Amendment to Term Loan Agreement dated as of January 31, 2001,
and that certain Third Amendment to Term Loan Agreement dated as of February 7,
2002 (such Term Loan Agreement, as so modified and amended, herein referred to
as the "TERM LOAN AGREEMENT") which Term Loan Agreement has been further
modified by that certain letter agreement (the "PRIOR WAIVER LETTER"), dated as
of November 6, 2000, and that certain Limited Waiver of Term Loan Agreement
dated as of July 20, 2001 (the "JULY WAIVER", and together with the Prior Waiver
Letter herein collectively referred to as "EXISTING WAIVERS"). Unless otherwise
indicated herein, all terms used with their initial letter capitalized are used
herein with their meaning as defined in the Term Loan Agreement, and all Section
references are to Sections in the Term Loan Agreement.
B. The Company has requested that the Lenders further modify and amend
certain terms and provisions of the Term Loan Agreement.
C. The Lenders are willing to so modify and amend the Term Loan
Agreement, as requested, in accordance with the terms and provisions set forth
herein and upon the condition that the Company and the Determining Lenders shall
have executed and delivered this Amendment and that the Company shall have fully
satisfied the terms and conditions hereof.
NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the Company, Administrative Agent and the Lenders hereby agree, as
follows:
PARAGRAPH 1. AMENDMENT OF SECTION 8.7 OF THE TERM LOAN AGREEMENT. Section 8.7 of
the Term Loan Agreement is hereby amended by deleting the word "or" at the end
of subclause (d) thereof, deleting the period at the end of subclause (e)
thereof and inserting "; or" in its place, and inserting the following new
subclause (f) immediately following the existing clause (e):
"(f) Kern River Gas Transmission Company in connection with
the transaction with a subsidiary of Berkshire Hathaway, Inc announced
by TWC on March
1
7, 2002, from (1) selling, conveying or otherwise transferring all or
substantially all of its assets or (2) merging or consolidating with or
into another Person."
PARAGRAPH 2. AMENDMENT EFFECTIVE DATE. This Amendment shall be binding upon all
Sparties to the Loan Papers on the last day upon which the following has
occurred:
(a) Counterparts of this Amendment shall have been executed
and delivered to Administrative Agent by the Company, Administrative
Agent, and the Determining Lenders or when Administrative Agent shall
have received telecopied, telexed, or other evidence satisfactory to it
that all such parties have executed and are delivering to
Administrative Agent counterparts thereof.
Upon satisfaction of the foregoing conditions, (i) this Amendment shall be
deemed effective on and as of March 11, 2002 (the "AMENDMENT EFFECTIVE DATE").
PARAGRAPH 3. REPRESENTATIONS AND WARRANTIES. As a material inducement to Lenders
to execute and deliver this Amendment, the Company hereby represents and
warrants to Lenders (with the knowledge and intent that Lenders are relying upon
the same in entering into this Amendment) the following: (a) the representations
and warranties in the Term Loan Agreement and in all other Loan Papers are true
and correct on the date hereof in all material respects, as though made on the
date hereof except to the extent such representations and warranties relate to
an earlier date and except with respect to Section 7.6 of the Term Loan
Agreement as disclosed in its Annual Report on Form 10-K for the year ended
December 31, 2001; and (b) no Default or Potential Default exists under the Loan
Papers.
PARAGRAPH 4. MISCELLANEOUS.
4.1 EFFECT ON LOAN DOCUMENTS. The Term Loan Agreement and all related
Loan Papers shall remain unchanged and in full force and effect, except as
provided in this Amendment, and are hereby ratified and confirmed. On and after
the Amendment Effective Date, all references to the "TERM LOAN AGREEMENT" shall
be to the Term Loan Agreement as herein amended. The execution, delivery, and
effectiveness of this Amendment shall not, except as expressly provided herein,
operate as a waiver of any Rights of the Lenders under the Term Loan Agreement
or any Loan Papers, nor constitute a waiver under the Term Loan Agreement or any
other provision of the Loan Papers.
4.2 REFERENCE TO MISCELLANEOUS PROVISIONS. This Amendment and the other
documents delivered pursuant to this Amendment are part of the Loan Papers
referred to in the Term Loan Agreement, and the provisions relating to Loan
Papers set forth in SECTION 12 are incorporated herein by reference the same as
if set forth herein verbatim.
4.3 COSTS AND EXPENSES. The Company agrees to pay promptly the
reasonable fees and expenses of counsel to Administrative Agent for services
rendered in connection with the preparation, negotiation, reproduction,
execution, and delivery of this Amendment.
4.4 COUNTERPARTS. This Amendment may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes, and all of which constitute, collectively, one agreement; but, in
making proof of this Amendment, it shall not be necessary to produce or account
for more than one such counterpart. It is not necessary that all parties execute
the same counterpart so long as identical counterparts are executed by the
Company, each Determining Lender, and Administrative Agent.
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4.5 THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT AMONG THE
PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
SUBSEQUENT ORAL AGREEMENT OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS
AMONG THE PARTIES.
Executed as of the date first above written, but effective as of the
Amendment Effective Date.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES FOLLOW]
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Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
Address for notices
One Xxxxxxxx Center, Suite 5000 THE XXXXXXXX COMPANIES, INC.,
Xxxxx, Xxxxxxxx 00000 a Delaware corporation
Attn: Treasurer
Telephone No.: (000) 000-0000
Facsimile No.: (000) 000-0000 By: /s/ Xxxxx X. Xxxx
---------------------------------
Name: Xxxxx X. Xxxx
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Title: Treasurer
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With a copy to:
Xxx Xxxxxxxx Xxxxxx, Xxxxx 0000
Xxxxx, Xxxxxxxx 00000
Attn: Associate General Counsel
Telephone No.: (000) 000-0000
Facsimile No.: (000) 000-0000
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
1301 Avenue of the Americas CREDIT LYONNAIS XXX XXXX XXXXXX,
Xxx Xxxx, Xxx Xxxx 00000 as Administrative Agent and as a
Lender
By: /s/ Xxxxxxx Xxxxxxxxx
---------------------------------
Name: Xxxxxxx Xxxxxxxxx
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Title: Senior Vice President
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With a copy to:
0000 Xxxxxxxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Attention: Xx. Xxxxxx XxXxxxxx
Telephone No.: 000-000-0000
Facsimile No.: 000-000-0000
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
0000 Xxxxxxxxx Xxxxxx, Xxxxx 0000 XXXXXXXXXXX AG NEW YORK AND GRAND
Xxxxxxx, Xxxxxxx 00000 CAYMAN BRANCHES, as Syndication
Attn: Xxxxx Xxxxxxxx Agent, as a Lender and as a
Telephone: (000) 000-0000 Designating Lender
Facsimile: (000) 000-0000
By: /s/ Xxxxx X. Xxxxxx
---------------------------------
Name: Xxxxx X. Xxxxxx
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Title: Senior Vice President &
Manager
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With a copy to:
By: /s/ Xxxxx X. Xxxxxxxx
---------------------------------
Holland & Knight Name: Xxxxx X. Xxxxxxxx
0000 Xxxx Xxxxxxxxx Xxxxxx, Xxxxx 0000 -------------------------------
Xxxxxxx, Xxxxxxx 00000 Title: Senior Vice President
Attn: Xx. Xxxxxx Xxxxxx -------------------------------
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
FOUR WINDS FUNDING CORPORATION, as
a Designated Lender
By COMMERZBANK AKTIENGESELLCHAFT,
as Administrator and
Attorney-in-Fact
By:
---------------------------------
Name:
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Title:
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By:
---------------------------------
Name:
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Title:
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
0000 Xxxxxxxxx Xxxxxx, Xxxxx 0000 THE BANK OF NOVA SCOTIA,
Xxxxxxx, Xxxxx 00000 as Documentation Agent and as a
Attn: Xxx Latanzie Lender
Telephone: (000) 000-0000
Facsimile: (000) 000-0000 By:
---------------------------------
Name:
-------------------------------
Title:
------------------------------
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
0000 00xx Xxxxxx, XX, Xxxxx 000 XXX XXXXX INTERNATIONAL BANK INC.,
Xxxxxxxxxx, XX 00000 as a Lender
Attn: Xxxxx Xxxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000 By:
---------------------------------
Name:
-------------------------------
Title:
------------------------------
By:
---------------------------------
Name:
-------------------------------
Title:
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
000 Xxxx Xxxxxx Xxxxx XXXX POLSKA KASA OPIEKI S.A.,
00xx Xxxxxx, 00xx Xxxxx as a Lender
Xxx Xxxx, Xxx Xxxx 00000
Attn: Xxxxxxx El-Xxxxx
Telephone: (000) 000-0000 By: /s/ Hussein B. El-Xxxxx
Facsimile: (000) 000-0000 ---------------------------------
Name: Hussein B. El-Xxxxx
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Title: Vice President
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
Strong Capital Management STRONG ADVANTAGE FUND, INC.
000 Xxxxxxxx Xxxxxxx as a Lender
Xxxxxxxxx Xxxxx, Xxxxxxxxx 00000
Attn: Xxx Xxxx
Telephone: (000) 000-0000 By: /s/ Xxxxxxx X. Xxxxxxxxx, III
Facsimile: (000) 000-0000 ---------------------------------
Name: Xxxxxxx X. Xxxxxxxxx, III
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Title: Assistant Secretary
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
c/o XX Xxxxxx Xxxxx XXXXX XXX COMMERCIAL BANK, LTD., NEW
4 Chase MetroTech Center YORK BRANCH, as a Lender
20th Floor (West)
Xxxxxxxx, Xxx Xxxx 00000
Attn: Xxxxxx Xxxx By:
Telephone: (000) 000-0000 ---------------------------------
Facsimile: (000) 000-0000 Name:
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Title:
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With a copy to:
c/o XX Xxxxxx Xxxxx
0 Xxxxx XxxxxXxxx Center
20th Floor (West)
Xxxxxxxx, Xxx Xxxx 00000
Attn: Xxxxx Xxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
00000 Xxxxxxxx, 00xx Xxxxx THE DAI-ICHI KANGYO BANK, LTD., as a
Xxx Xxxx, Xxx Xxxx 00000 Lender
Attn: Xxxxxxx Xxxxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000 By:
---------------------------------
Name:
-------------------------------
Title:
------------------------------
With a copy to:
00000 Xxxxxxxx, 00xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: Xxxx Xxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
00 Xxxxxxx Xxxxxx, 00xx Xxxxx FIRST COMMERCIAL BANK - XXX XXXX
Xxx Xxxx, Xxx Xxxx 00000 AGENCY, as a Lender
Attn: Xxx Xxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000 By:
---------------------------------
Name:
-------------------------------
Title:
------------------------------
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
000 Xxxxxxx Xxxxxx, 21st Floor GULF INTERNATIONAL BANK,
New York, New York 10017 as a Lender
Attn: Xxxx Xxxxxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000 By:
---------------------------------
Name:
-------------------------------
Title:
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By:
---------------------------------
Name:
-------------------------------
Title:
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
000 Xxxxxxx Xxxxxx, Xxxxx 00000 XXX XXX COMMERCIAL BANK, LTD.,
Xxx Xxxx, Xxx Xxxx 00000 as a Lender
Attn: Xxxxx Xxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000 By:
---------------------------------
Name:
-------------------------------
Title:
------------------------------
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
000 Xxxx 00xx Xxxxxx, 00xx Floor BAYERISCHE HYPO-UND
New York, New York 10017 VEREINSBANK AG, NEW YORK
Attn: Xxxxx Xxxxxx BRANCH, as a Lender
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
By: /s/ Xxxxxx Xxxxxx
---------------------------------
Name: Xxxxxx Xxxxxx
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Title: Director
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By: /s/ Xxxxxxx Xxxxxxxx
---------------------------------
Name: Xxxxxxx Xxxxxxxx
-------------------------------
Title: Director
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
000 Xxxxxxxxx Xxxxxx Xxxxxx, Xxxxx 0000 KBC BANK N.V., as a Lender
Xxxxxxx, Xxxxxxx 00000
Attn: Xxxxx Xxxxxxxx
Telephone: (000) 000-0000 By: /s/ Xxxx-Xxxxxx Diels
Facsimile: (000) 000-0000 ---------------------------------
Name: Xxxx-Xxxxxx Diels
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Title: First Vice President
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By: /s/ Xxxx Xxxxxx
---------------------------------
Name: Xxxx Xxxxxx
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Title: Vice President
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With a copy to:
000 Xxxx 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: Xxxxx Xxxxxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
Xxxxxx Xxxxxxx 00-00 XXXXXXXXXX RHEINLAND-PFALZ,
Mainz, Germany 55098 GIROZENTRALE,
Attn: wolf-Xxxxxxx Xxxxx as a Lender
Telephone: (000) 00-00-00-0000000
Facsimile: (000) 00-00-00-0000000
By: /s/ Wolf-Xxxxxxx Xxxxx
---------------------------------
Name: Wolf-Xxxxxxx Xxxxx
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Title: Senior Vice President
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By: /s/ Xxxxxxx Xxxxx
---------------------------------
Name: Xxxxxxx Xxxxx
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Title: Assistant Vice President
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
Ursulinenstra(beta)e 2 LANDESBANK SAAR XXXXXXXXXXXX,
00000 Xxxxxxxxxxx, Xxxxxxx as a Lender
Attn: Xxxx Xxxxxxxx
Telephone: (000) 00-000-000-0000
Facsimile: (000) 00-000-000-0000 By: /s/ Xxxxxx Xxxxxx
---------------------------------
Name: Xxxxxx Xxxxxx
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Title: Senior Vice President
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By: /s/ Xxxxxx Xxxxxxxxxxx
---------------------------------
Name: Xxxxxx Xxxxxxxxxxx
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Title: Senior Vice President
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
Martensdamm 0 XXXXXXXXXX XXXXXXXXX-XXXXXXXX
Xxxx, Xxxxxxx 00000 GIROZENTRALE, as a Lender
Attn: Xxxxxxx Xxxxxxx
Telephone: (000) 00-000-000-0000
Facsimile: (000) 00-000-000-0000 By:
---------------------------------
Name:
-------------------------------
Title:
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By:
---------------------------------
Name:
-------------------------------
Title:
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
000 Xxxxxxxx Xxxxxxxxx, Xxxxx 0000 LAND BANK OF TAIWAN, LOS ANGELES
Xxx Xxxxxxx, Xxxxxxxxxx 00000 BRANCH, as a Lender
Attn: Xxxxxxxx Xxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000 By:
---------------------------------
Name:
-------------------------------
Title:
------------------------------
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
0000 Xxxx 00xx Xxxxxx, Xxxxx 000 LOCAL OKLAHOMA BANK, N.A.,
Xxxxx, Xxxxxxxx 00000 as a Lender
Attn: Elisabeth Blue
Telephone: (000) 000-0000
Facsimile: (000) 000-0000 By: /s/ Xxxxx X. Xxxxx, Xx.
---------------------------------
Name: Xxxxx X. Xxxxx, Xx.
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Title: Executive Vice President
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
000 Xxxx Xxxxxx, 00xx Xxxxx NATIONAL BANK OF KUWAIT, S.A.K.,
Xxx Xxxx, Xxx Xxxx 00000 GRAND CAYMAN BRANCH, as a Lender
Attn: Xxxxx Xxxxxxxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000 By: /s/ Xxxxxx X. XxXxxxx
---------------------------------
Name: Xxxxxx X. XxXxxxx
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Title: Executive Manager
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By: /s/ Xxxxxxxx Xxxxx
---------------------------------
Name: Xxxxxxxx Xxxxx
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Title: General Manager
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
0000 Xxxxx Xxxxxx, Xxxxx 0000 BNP PARIBAS, as a Lender
Xxxxxxx, Xxxxx 00000
Attn: Xxxx Xxx
Telephone: (000) 000-0000 By:
Facsimile: (000) 000-0000 ---------------------------------
Name:
-------------------------------
Title:
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With a copy to:
0000 Xxxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Attn: Xxxxx Xxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
000 Xxxxxxxxxxx THE ROYAL BANK OF SCOTLAND PLC,
Xxxxxx, Xxxxxxx XX0X 0XX as a Lender
Attn: Xxxx Xxxxxxx
Telephone: (000) 00-000-000-0000
Facsimile: (000) 00-000-000-0000 By: /s/ Xxxx X. Xxxxxxx
---------------------------------
Name: Xxxx X. Xxxxxxx
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Title: Associate Director
-----------------------------
With a copy to:
XX Xxxxxx Chase Towers
000 Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Attn: Xxxx Xxxxxxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
000 Xxxx Xxxxxx, 0xx Xxxxx XXXXXXXX MITSUI BANKNG
Xxx Xxxx, Xxx Xxxx 00000 CORPORATION, as a Lender
Attn: Xxxxx Xxxxxxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000 By: /s/ Xxx X. Xxxxxxxxx
---------------------------------
Name: Xxx X. Xxxxxxxxx
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Title: Vice President
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With a copy to:
000 Xxxx Xxxxxx, 0xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: Xxxxxxx Xxxxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
0000 XxXxxxxx Xxxxxx, Xxxxx 0000 THE INDUSTRIAL BANK OF JAPAN,
Xxxxxxx, Xxxxx 00000 LIMITED, NEW YORK BRANCH, as a
Attn: Xxxx Xxxxxxxxx Lender
Telephone: (000) 000-0000 x000
Facsimile: (000) 000-0000
By: /s/ Xxxxxxx X. Xxxxx
---------------------------------
Name: Xxxxxxx X. Xxxxx
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Title: Senior Vice President,
Houston Office
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
Signature Page to that certain Fourth Amendment to Term Loan Agreement
dated effective as of March 11, 2002, among The Xxxxxxxx Companies, Inc., as the
Company, Credit Lyonnais New York Branch, as Administrative Agent and as a
Lender, and certain Lenders named therein.
00 Xxxx 00xx Xxxxxx, 00xx Xxxxx XXXXXX FINANCIAL OF JAPAN, as a
Xxx Xxxx, Xxx Xxxx 00000 Lender
Attn: Xxxxxxx Xxxxxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000 By: /s/ C. Xxxxxxxx Xxxxxx
---------------------------------
Name: C. Xxxxxxxx Xxxxxx
-------------------------------
Title: Senior Vice President
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[SIGNATURE PAGE TO FOURTH AMENDMENT
TO TERM LOAN AGREEMENT]
