FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
Exhibit
10.2
FIRST AMENDMENT TO TERM LOAN
CREDIT AGREEMENT
THIS FIRST AMENDMENT TO TERM LOAN
CREDIT AGREEMENT (this "Amendment") is made
and entered into as of June 30, 2008, by and among WESTERN REFINING, INC., a
Delaware corporation (the "Borrower"), EACH LENDER SIGNATORY HERETO,
and BANK OF AMERICA,
N.A., as the administrative agent for the Lenders (in such capacity, the
"Administrative
Agent").
W I T N E S S E T
H:
WHEREAS, the Administrative
Agent, the lenders party thereto (collectively, the "Lenders" and
individually, a "Lender") and the
Borrower entered into that certain Term Loan Credit Agreement dated as of May
31, 2007 (as hereby and from time to time amended, restated, supplemented,
modified or replaced, the "Credit Agreement";
capitalized terms used herein but not otherwise defined herein shall have the
meanings assigned to such terms in the Credit Agreement);
WHEREAS, the Borrower has
requested that certain terms of the Credit Agreement be amended in the manner
set forth herein;
WHEREAS, the Administrative
Agent and the Required Lenders, subject to the terms and conditions contained
herein, have agreed to such amendment, to be effective as of the date hereof;
and
WHEREAS, the Borrower, the
Administrative Agent and the Required Lenders acknowledge that the terms of this
Amendment constitute an amendment and modification of, and not a novation of,
the Credit Agreement;
NOW, THEREFORE, in
consideration of the mutual covenants and the fulfillment of the conditions set
forth herein, the parties hereby agree as follows:
1. Definitions. The
term "Credit Agreement" or "Agreement" (as the case may be) as used herein, in
the Credit Agreement and in the other Loan Documents shall mean the Credit
Agreement as hereby amended and modified, and as further amended, restated,
modified, replaced or supplemented from time to time as permitted
thereby.
2. Amendments to, Additions of,
and Restatements of Terms of the Credit Agreement. Subject to
the conditions hereof and upon satisfaction of the terms set forth in Section 7, the Credit
Agreement is hereby amended, effective as of the date hereof, as
follows:
(a) Section
1.01 of the Credit
Agreement is hereby amended by adding the following definitions, in alphabetical
order, to read as follows:
"Amendment Fee" means
a fee payable (a) on the First Amendment Closing Date, payable by the Borrower
to the Administrative
FIRST
AMENDMENT TO TERM LOAN CREDIT AGREEMENT
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Agent for
the ratable account of each Lender executing the First Amendment (and each
Assignee of any such Lender, to the extent of any Loans held by such Lender on
the date of its execution of the First Amendment that are assigned, directly or
indirectly, by such Lender to such Assignee) in each case in an amount equal for
each such Lender (or Assignee) to 0.50% multiplied by the aggregate principal
amount of Loans that were held by such Lender on the First Amendment Closing
Date and (b) on September 30, 2008, payable by the Borrower to the
Administrative Agent for the ratable account of each Lender in an amount equal
for each such Lender to 0.50% multiplied by the aggregate principal amount of
Loans held by such Lender on September 30, 2008.
"Consolidated Cash Interest
Charges" means, for any period, Consolidated Interest Charges for such
period, excluding any amount not payable in cash on a current
basis.
"Consolidated Current
Assets" means, as at any date of determination, the total assets of
Company and its Subsidiaries on a consolidated basis that may properly be
classified as current assets in conformity with GAAP, excluding cash and Cash
Equivalents and the current portion of deferred income taxes.
"Consolidated Current
Liabilities" means, as at any date of determination, the total
liabilities of Company and its Subsidiaries on a consolidated basis that may
properly be classified as current liabilities in conformity with GAAP, excluding
the current portion of long term debt and the current portion
of deferred income taxes.
"Consolidated Excess Cash
Flow" means, for any period, an amount (if positive) equal to:
(i) the sum, without duplication, of the amounts for such period of
(a) Consolidated EBITDA, plus (b) the
Consolidated Working Capital Adjustment plus (c) the sum,
without duplication, of (x) extraordinary cash gains excluded from Consolidated
EBITDA and (y) losses in connection with Extraordinary Receipts and Dispositions
outside the ordinary course of business deducted from Consolidated EBITDA for
such period, minus (ii) the
sum, without duplication, of the amounts for such period of (A) scheduled
repayments of Consolidated Total Indebtedness made in such period,
(B) mandatory prepayments of Consolidated Total Indebtedness (other than
Loans and Revolver Indebtedness) made in such period, (C) Capital Expenditures
of the Borrower and its Subsidiaries made in such period, (D) Consolidated
Cash Interest Charges for such period, (E) provisions for current taxes of
the Borrower and its Subsidiaries and payable in cash with respect to such
period and (F) gains in connection with Extraordinary Receipts and Dispositions
outside the ordinary course of business included in Consolidated EBITDA for such
period.
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"Consolidated Senior Leverage
Ratio" means, as of any date of determination, the ratio of (a) (i)
Consolidated Total Indebtedness as of such date less (ii)
Consolidated Subordinated Indebtedness as of such date to (b) Consolidated
EBITDA for the period of the four consecutive fiscal quarters most recently
ended.
"Consolidated Subordinated
Indebtedness" means as of any date of determination, Indebtedness of the
Borrower and the Subsidiaries, on a consolidated basis, which has been
subordinated to the Obligations, the L/C Facility Indebtedness and the Revolver
Indebtedness in form and substance reasonably satisfactory to the Administrative
Agent.
"Consolidated Working
Capital" means, as at any date of determination, the excess of
Consolidated Current Assets as of such date over Consolidated Current
Liabilities as of such date.
"Consolidated Working Capital
Adjustment" means, for any period on a consolidated basis, the amount
(which may be a negative number) by which Consolidated Working Capital as of the
beginning of such period exceeds (or is less than) Consolidated Working Capital
as of the end of such period.
"Engagement Letter"
means the letter agreement dated as of June 27, 2008 between the Borrower, Bank
of America and Banc of America Securities LLC.
"Eurodollar Rate
Floor" means 3.25%.
"First Amendment"
means the First Amendment to Term Loan Credit Agreement among the parties
thereto dated as of June 30, 2008.
"First Amendment Closing
Date " means June 30, 2008.
"First Revolver
Amendment" means the "First Amendment" as defined in the Revolving Credit
Agreement.
"L/C Collateral
Documents" means the "Collateral Documents" under, and as defined in, the
L/C Credit Agreement.
"L/C Credit Agreement"
means that certain L/C Credit Agreement dated as of the First Amendment Closing
Date among the Borrower, as Borrower, Bank of America, as administrative agent
and letter of credit issuer, and the financial institutions party
thereto.
"L/C Facility
Documents" means the "Loan Documents" under, and as defined in, the L/C
Credit Agreement, and any documents governing refinancings, renewals and
extensions of the Indebtedness under the L/C Credit Agreement that are permitted
by Section 7.03(l).
"L/C Facility
Indebtedness" means Indebtedness under the L/C Credit Agreement, and all
refinancings, renewals and extensions thereof that are permitted by Section 7.03(l).
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"L/C Refinanced
Indebtedness" has the meaning set forth in Section
7.03(l).
"L/C Refinancing
Indebtedness" has the meaning set forth in Section
7.03(l).
"Liquidity" means at
any time, the sum of (a) "Availability" as defined in the Revolving Credit
Agreement at such time and (b) cash and Cash Equivalents of the Borrower and its
Subsidiaries at such time.
"Minimum Liquidity
Threshold" means $200,000,000.
"Prepayment Amount"
means, on any date, the aggregate principal amount of voluntary or mandatory
prepayments of the Obligations, other than regularly scheduled payments under
Section 2.05,
made from and after the First Amendment Closing Date through such
date.
"Required Regulatory Capital
Expenditures" means Capital Expenditures required by any Governmental
Authority.
(b) Section
1.01 of the Credit
Agreement is hereby amended to restate each of the following definitions in
their entirety to read as follows:
"Applicable Rate"
means, from the First Amendment Closing Date through September 30, 2008, with
respect to Eurodollar Rate Loans, 4.50%, and with respect to Base Rate Loans,
3.50%. Beginning October 1, 2008 and thereafter, the Applicable Rate
shall mean, from time to time, the following percentages per annum, based on the
then applicable Prepayment Amounts as set forth below:
|
Pricing
Level
|
Prepayment
Amount
|
Eurodollar
Rate
|
Base
Rate
|
|
1
|
< $250,000,000
|
6.00%
|
5.00%
|
|
2
|
³ $250,000,000
but < $500,000,000
|
5.50%
|
4.50%
|
|
3
|
³ $500,000,000
but < $750,000,000
|
5.00%
|
4.00%
|
|
4
|
³ $750,000,000
|
4.00%
|
3.50%
|
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Any
decrease in the Applicable Rate resulting from the application of a Prepayment
Amount shall become effective as of the date that such Prepayment Amount has
been applied.
"Consolidated Interest
Charges" means, for any period, for the Borrower and its Subsidiaries on
a consolidated basis, the sum of (a) all interest, premium payments, debt
discount, fees, charges and related expenses of the Borrower and its
Subsidiaries in connection with borrowed money (including capitalized interest)
or in connection with the deferred purchase price of assets, in each case to the
extent treated as interest in accordance with GAAP, (b) the portion of rent
expense of the Borrower and its Subsidiaries with respect to such period under
capital leases that is treated as interest in accordance with GAAP,
(c) interest expense attributable to Synthetic Lease Obligations, and (d)
cash dividends paid to preferred stockholders under Section
7.06(c).
"Consolidated Interest
Coverage Ratio" means, as of any date of determination, the ratio of
(a) Consolidated EBITDA for the period of the four prior fiscal quarters
ending on such date to (b) Consolidated Interest Charges for such period;
provided, however, that for the fiscal quarter ending September 30, 2008, the
ratio shall be calculated for the period of two consecutive fiscal quarters
ending on such date, and for the fiscal
quarter ending December 31, 2008, the ratio shall be calculated for the period
of three consecutive fiscal quarters ending on such date.
"Debt Issuance" means
the issuance, incurrence or assumption of Indebtedness by the Borrower or any of
its Subsidiaries on or after the Closing Date, other than Indebtedness permitted
by (i) Sections 7.03(a)
through (h) or
(l), or (ii)
upon the written consent of the Required Lenders, Section 7.03(i) or
(j).
"Intercreditor
Agreement" means that certain Intercreditor Agreement substantially in
the form of Exhibit I hereto
dated as the date hereof among the Administrative Agent, the Revolver
Administrative Agent, the Control Agent, and the Loan Parties, as amended as of
the First Amendment Closing Date.
(c) Section
1.01 of the Credit
Agreement is hereby amended to add the following sentence to the end of the
definition of "Eurodollar Rate":
Notwithstanding
anything to the contrary contained herein, the Eurodollar Rate shall at all
times at least equal or exceed the Eurodollar Rate Floor.
(d) Section
1.01 of the Credit
Agreement is hereby amended to restate subsection (a) of the definition of
"Change of Control" in its entirety to read as follows:
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(a) any
"person" or "group" (as such terms are used in Sections 13(d) and 14(d) of
the Securities Exchange Act of 1934, but excluding any employee benefit plan of
such person or its subsidiaries, and any person or entity acting in its capacity
as trustee, agent or other fiduciary or administrator of any such plan), other
than the Existing Owners, becomes the "beneficial owner" (as defined in
Rules 13d-3 and 13d-5 under the Securities Exchange Act of 1934, except
that a person or group shall be deemed to have "beneficial ownership" of all
securities that such person or group has the right to acquire, whether such
right is exercisable immediately or only after the passage of time (such right,
an "option right")), directly or indirectly, of 30% or more of (i) the
direct or indirect Equity Interests of the Borrower or (ii) the Equity
Interests of the Borrower entitled to vote for members of the board of directors
or equivalent governing body of the Borrower on a fully-diluted basis (and
taking into account all such securities that such person or group has the right
to acquire pursuant to any option right); provided, however,
that to the extent a change in "beneficial ownership" in such Equity Interests
results from the issuance of new Equity Interests in the Borrower, with a
corresponding payment in cash to the Borrower for the acquisition of such Equity
Interests, the acquisition of up to 40% of the "beneficial ownership" of such
Equity Interests shall not constitute a "Change of Control";
(e) Section
1.01 of the Credit
Agreement is hereby amended to restate subsection (b) of the definition of "Net
Cash Proceeds " in its entirety to read as follows:
(b) with
respect to any Debt Issuance or issuance of Equity Interests by the Borrower or
any Subsidiary, the excess, if any, of (i) cash and cash equivalents received in
connection with such issuance (including any cash received by way of deferred
payment pursuant, but only as and when so received) over (ii) the reasonable and
customary out-of-pocket expenses incurred by any Loan Party or any Subsidiary in
connection with such issuance.
(f) Section
2.03(b) is hereby amended
to be restated in its entirety as follows:
(b) Until
such time as the Outstanding Amount has been repaid in full, the Outstanding
Amount shall be permanently prepaid in the amounts and upon the occurrence of
any of the following events:
(i) In
the event of (A) any Debt Issuance by the Borrower or any of its Subsidiaries
and/or (B) unless consented to in writing by the Required Lenders, any issuance
of additional Equity Interests of the Borrower or any Subsidiary, in each case,
on or after the First Amendment Closing Date, then concurrently with receipt of
Net Cash Proceeds of such Debt Issuance (x) in the case
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of any
Debt Issuance permitted under Sections 7.03(i)
through 7.03(j)
and/or, unless consented to in writing by the Required Lenders, the issuance of
Equity Interests, the Borrower shall prepay an aggregate principal amount of
Loans in an amount equal to (a) 60% of the Net Cash Proceeds of such Debt
Issuances and/or issuance of Equity Interests in an aggregate amount during the
term of this Agreement of up to $250,000,000 and (b) 100% of such Net Cash
Proceeds thereafter and (y) in the case of any other Debt Issuance, the Borrower
shall prepay an aggregate principal amount of the Loans equal to 100% of such
Net Cash Proceeds.
(ii) If
Net Cash Proceeds of Extraordinary Receipts received on or after the Closing
Date by the Borrower or any of its Subsidiaries exceed during any calendar year
an amount equal to $10,000,000 (the portion of such Net Cash Proceeds that
exceeds $10,000,000 is herein referred to as "Excess Extraordinary
Receipts"), the Borrower shall prepay an aggregate principal amount of
Loans equal to 100% of such Excess Extraordinary Receipts immediately upon
receipt thereof by the Borrower or such Subsidiary; provided, however,
that with respect to any proceeds of insurance or condemnation awards (or
payments in lieu thereof), for so long as no Event of Default shall have
occurred and be continuing, the Borrower or a Subsidiary may reinvest such
Extraordinary Receipts in assets used in the businesses of the Borrower or its
Subsidiaries, and in such case any such Extraordinary Receipts that have not
been reinvested within one year from the receipt thereof by the Borrower or such
Subsidiary shall be immediately applied to the prepayment of the
Loans.
(iii) If
Net Cash Proceeds are received on or after the Closing Date by the Borrower or
any of its Subsidiaries from one or more Dispositions (other than Dispositions
to the Borrower or to a Subsidiary permitted by Section 7.05(a)(v) or
7.05(a)(vi)) of
property other than Revolver Priority Collateral during any calendar year, the
Borrower shall prepay an aggregate amount of Loans equal to 100% of such Net
Cash Proceeds immediately upon receipt thereof by the Borrower or a Subsidiary,
provided, however, upon the
written consent of the Required Lenders and for so long as no Event of Default
shall have occurred and be continuing, the Borrower or a Subsidiary may reinvest
such Net Cash Proceeds in assets used in the business of the Borrower or its
Subsidiaries, and in such
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case any
Net Cash Proceeds that have not been reinvested within one year from the receipt
thereof by the Borrower or such Subsidiary shall be immediately applied to the
prepayment of the Loans.
(iv) In
the event that there shall be Consolidated Excess Cash Flow for any fiscal year
(commencing with fiscal year 2008), the Borrower shall, no later than ninety
days after the end of such fiscal year, prepay the Loans in an aggregate amount
equal to 75% of such Consolidated Excess Cash Flow less 100% of voluntary
prepayments made during that fiscal year pursuant to Section 2.03(a);
provided,
however, in the event that the Consolidated Leverage Ratio is less than
3.25 to 1.00 but greater than or equal to 2.50 to 1.00 as evidenced by a
Compliance Certificate provided pursuant to Section 6.02(b) as of
the end of such fiscal year, the Borrower shall prepay the Loans in an aggregate
amount equal to 50% of such Consolidated Excess Cash Flow less 100% of voluntary
prepayments made during that fiscal year pursuant to Section
2.03(a). In the event that the Consolidated Leverage Ratio is
less than 2.50 to 1.00, as evidenced by a Compliance Certificate provided
pursuant to Section
6.02(b) as of the end of such fiscal year or upon the written consent of
the Required Lenders, no such prepayment shall be
required. Notwithstanding anything to the contrary contained within
this subsection (iv), Borrower shall not be required to make any payment under
this subsection (iv) to the extent that such prepayment would cause Liquidity to
fall below the Minimum Liquidity Threshold.
(g) Section
2.07(a) is hereby amended
to be restated in its entirety to read as follows:
(a) The
Borrower agrees to pay to the Arranger and the Administrative Agent for their
own respective accounts fees in the amounts and at the times specified in the
Engagement Letter. Such fees shall be fully earned when paid and
shall not be refundable for any reason whatsoever.
(h) Section
2.07(c) is hereby amended
to add the following subsection (c) to read as follows:
(c) The
Borrower shall pay the Amendment Fee to the Administrative Agent, for the
ratable account of the Lenders executing the First Amendment on the First
Amendment Closing Date and again on September 30, 2008.
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(i) Section
2.13 is hereby amended to
be restated in its entirety to read as follows:
2.13 Reserved.
(j) Section
5.13 is hereby amended to
be restated in its entirety as follows:
5.13 Subsidiaries; Equity
Interests. As of the First Amendment Closing Date, the
Borrower has no Subsidiaries other than those specifically disclosed in Part (a)
of Schedule
5.13, and all of the outstanding Equity Interests in such Subsidiaries
have been validly issued, are fully paid and nonassessable and are owned by a
Loan Party in the amounts specified on Part (a) of Schedule 5.13 free
and clear of all Liens except those created under the Collateral Documents, the
L/C Collateral Documents and the Revolver Collateral Documents. The
Borrower has no equity investments in any other corporation or entity other than
those specifically disclosed in Part (b) of Schedule
5.13.
(k) Section
7.01(b) is hereby amended
to be restated in its entirety as follows:
(b) Liens
existing on the First Amendment Closing Date and listed on Schedule 7.01 and any
renewals or extensions thereof, provided, that (i) the property covered thereby
is not changed, (ii) the amount secured or benefited thereby is not increased,
and (iii) the direct or any contingent obligor with respect thereto is not
changed;
(l) Section
7.01(m) is hereby amended
to be restated in its entirety to read as follows:
(m) Liens
securing obligations under (i) the Revolver Loan Documents or (ii) the L/C
Facility Documents or securing (x) Refinancing Indebtedness permitted by Section 7.03(b)
or (y) L/C Refinancing Indebtedness permitted by Section 7.03(l),
covering Collateral that is also subject to Liens in favor of the Administrative
Agent, provided that such Liens are subject to the Intercreditor
Agreement;
(m) Section
7.02 is hereby amended to
restate subsections (f), (g) and (j) in their entirety to read as
follows:
(f) Investments
in non-wholly-owned Subsidiaries, provided that no Default
exists at the time of or as a result of such Investment and the dollar amount of
such Investments shall not exceed $10,000,000 in the aggregate in any fiscal
year;
(g) Investments
in Permitted Joint Ventures, provided that no Default
exists at the time of or as a result of such Investment and the
FIRST
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dollar
amount of such Investments shall not exceed $10,000,000 in the aggregate during
the term of this Agreement;
(j) other
Investments not exceeding $15,000,000 in the aggregate during the term of this
Agreement.
(n) Section
7.03(f) is hereby amended
to be restated in its entirety to read as follows:
(f) Indebtedness
of the Borrower or any Guarantor in respect of capital leases, Synthetic Lease
Obligations and purchase money obligations for fixed or capital assets within
the limitations set forth in Section 7.01(i);
provided, however, that the
aggregate amount of all such Indebtedness at any one time outstanding shall not
exceed $15,000,000;
(o) Section 7.03(i) is hereby amended to delete the "and"
at the end thereof.
(p) Section 7.03(j) is hereby amended to delete the "." at
the end thereof and substituting ";" in lieu thereof.
(q) Section
7.03 is hereby amended by
adding the following subsections (k) and (l) after Section
7.03(j):
(k) Indebtedness
of the Borrower or any Guarantor which has been subordinated to the Obligations,
the L/C Facility Indebtedness and the Revolver Indebtedness in form and
substance reasonably satisfactory to the Administrative Agent; and
(l) Indebtedness
of the Borrower under the L/C Facility Documents, any replacement credit
facility, and any refinancings, renewals or extensions of all or any part of the
foregoing, provided that (i) the material terms (other than pricing and
yield) of such refinancing, renewing, or extending Indebtedness or replacement
revolving credit facility ("L/C Refinancing
Indebtedness") or of any agreement entered into or of any instrument
issued in connection therewith are not less favorable in any material respect to
the Loan Parties or the Lenders than the terms of any agreement or instrument
governing the Indebtedness being refinanced, renewed, extended or replaced
("L/C Refinanced
Indebtedness"); (ii) if such LC Refinancing Indebtedness does not
contain terms pursuant to which availability thereunder is based on a borrowing
base, the aggregate amount of Indebtedness available under such Refinancing
Indebtedness shall not exceed $200,000,000; (iii) if such L/C Refinancing
Indebtedness is secured, no collateral secures the L/C Refinancing Indebtedness
other than collateral that secures the L/C Refinanced Indebtedness;
(iv) such L/C Refinancing Indebtedness (and, if applicable the Liens
securing same) do not contravene the provisions of the Intercreditor Agreement;
and (v) if such L/C Refinancing Indebtedness is secured, the holders of
such L/C
FIRST
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Refinancing
Indebtedness, or a duly authorized agent on their behalf, agree in writing to be
bound by the Intercreditor Agreement or enter into a replacement intercreditor
agreement containing terms that are substantially similar to those of the
Intercreditor Agreement, as may be acceptable to the Administrative
Agent.
(r) Section
7.06 is hereby amended to
be restated in its entirety to read as follows:
7.06 Restricted
Payments. Declare or make, directly or indirectly, any
Restricted Payment, or incur any obligation (contingent or otherwise) to do so,
except that:
(a) so
long as no Default shall have occurred and be continuing at the time of any
action described below or would result therefrom:
(i) each
Subsidiary may make Restricted Payments to the Borrower, the Guarantors and any
other Person that owns Equity Interests in such Subsidiary, ratably according to
their respective holdings of the type of Equity Interest in respect of which
such Restricted Payment is being made;
(ii) the
Borrower and each Subsidiary may declare and make dividend payments or other
distributions payable solely in the common stock or other common Equity
Interests of such Person; and
(iii) the
Borrower and each Subsidiary may purchase, redeem or otherwise acquire Equity
Interests issued by it with the proceeds received from the substantially
concurrent issue of new shares of its common stock or other common Equity
Interests; and
(b) the
Borrower may declare and pay cash dividends to its common stockholders after
December 31, 2009, provided that (i) a pro forma
Compliance Certificate required by Section 6.02(b) has
been furnished to the Administrative Agent for the fiscal period then ended
demonstrating compliance with the financial covenants set forth therein both
prior and subsequent to the payment of such dividends and (ii) the aggregate
amount paid during any fiscal year does not exceed the maximum dollar amount
calculated as follows: the maximum dollar amount for fiscal year 2010 shall be
$20,000,000 and the
maximum dollar amount for each succeeding fiscal year shall be calculated by
adding $5,000,000 to the maximum amount in effect for the prior fiscal year; and
provided
further that (A) no Default exists at the time such dividends are
declared or paid or would result from the payment thereof or (B) if such
dividends are paid within 75 days of declaration thereof, no Default exists
at the date of such declaration; and
FIRST
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(c) the
Borrower may declare and pay cash dividends to its preferred stockholders with
respect to preferred stock issued after the First Amendment Closing Date, provided that (i) a
pro forma Compliance Certificate required by Section 6.02(b) has
been furnished to the Administrative Agent demonstrating compliance with the
financial covenants set forth therein both prior and subsequent to the payment
of such dividends and (ii) no Default exists at the time such dividends are
declared or paid or would result from the payment thereof.
(s) Section
7.09 is hereby amended to
be restated in its entirety to read as follows:
7.09 Burdensome
Agreements. Enter into or permit to exist any Contractual
Obligation (other than this Agreement, the Revolving Credit Agreement, the L/C
Credit Agreement, agreements governing Refinancing Indebtedness (subject to
clause (iii) of Section 7.03(b)),
and agreements governing L/C Refinancing Indebtedness (subject to clause (iii)
of Section
7.03(l) that (a) limits the ability (i) of any Subsidiary to
make Restricted Payments to the Borrower or to any Guarantor or to otherwise
transfer property to the Borrower or any Guarantor, or (ii) of any
Subsidiary to Guarantee the Obligations of the Borrower, or (iii) of the
Borrower or any Subsidiary to create, incur, assume or suffer to exist Liens on
property of such Person, provided, however,
that this clause (iii) shall not prohibit any negative pledge in favor of
any holder of Indebtedness permitted under Section 7.03(f)
solely to the extent any such negative pledge or other restriction on transfer
of property relates to the property financed by or the subject of such
Indebtedness; or (b) requires the grant of a Lien to secure an obligation
of such Person if a Lien is granted to secure another obligation of such
Person.
(t) Section
7.11 is hereby amended to
be restated in its entirety to read as follows:
7.11 Financial
Covenants.
(a) Permit
the Consolidated Interest Coverage Ratio as of September 30, 2008 or as of
the end of any fiscal quarter thereafter to be less than the ratio set forth
below opposite such fiscal quarter:
|
Fiscal
Quarter Ending
|
Minimum
Consolidated Interest Coverage Ratio
|
|
|
September 30,
2008 through March 31, 2009
|
1.50
to 1.00
|
|
|
June
30, 2009
|
1.75
to 1.00
|
|
|
September
30, 2009
|
2.00
to 1.00
|
|
|
December
31, 2009 through September 30, 2010
|
2.50
to 1.00
|
|
|
December
31, 2010 and thereafter
|
2.75
to 1.00
|
FIRST
AMENDMENT TO TERM LOAN CREDIT AGREEMENT
Page
12
(b) Prior
to the issuance of Consolidated Subordinated Indebtedness, permit the
Consolidated Leverage Ratio as of March 31, 2009 or as of the end of any
fiscal quarter thereafter to be greater than the ratio set forth below opposite
such fiscal quarter:
|
Fiscal
Quarter Ending
|
Maximum
Consolidated Leverage
Ratio
|
|
|
March
31, 2009
|
5.00
to 1.00
|
|
|
June
30, 2009
|
4.75
to 1.00
|
|
|
September
30, 2009
|
4.50
to 1.00
|
|
|
December 31,
2009 through September 30, 2010
|
4.00
to 1.00
|
|
|
December
31, 2010 and thereafter
|
3.50
to 1.00
|
(c) Upon
the issuance of Consolidated Subordinated Indebtedness, permit the Consolidated
Leverage Ratio as of March 31, 2009 or as of the end of any fiscal quarter
thereafter to be greater than the ratio set forth below opposite such fiscal
quarter:
|
Fiscal
Quarter Ending
|
Maximum
Consolidated Leverage Ratio
|
|
|
March
31, 2009
|
5.50
to 1.00
|
|
|
June
30, 2009
|
5.25
to 1.00
|
|
|
September
30, 2009
|
5.00
to 1.00
|
|
|
December 31,
2009 through September 30, 2010
|
4.50
to 1.00
|
|
|
December
31, 2010 and thereafter
|
4.00
to 1.00
|
(d) Upon
the issuance of Consolidated Subordinated Indebtedness, permit the Consolidated
Senior Leverage Ratio as of March 31, 2009 or as of the end of any fiscal
quarter thereafter to be greater than the ratio set forth below opposite such
fiscal quarter:
|
Fiscal
Quarter Ending
|
Maximum
Consolidated Senior Leverage Ratio
|
|
|
March
31, 2009
|
4.50
to 1.00
|
|
|
June
30, 2009
|
4.25
to 1.00
|
|
|
September
30, 2009
|
4.00
to 1.00
|
|
|
December 31,
2009 through September 30, 2010
|
3.50
to 1.00
|
|
|
December
31, 2010 and thereafter
|
3.00
to 1.00
|
(e) Permit
Consolidated EBITDA to be less than (i) $100,000,000 for the period of two
consecutive fiscal quarters ending September 30, 2008 and (ii) $175,000,000 for
the period of three consecutive fiscal quarters ending December 31,
2008.
(u) Section
7.12 is hereby amended to
be restated in its entirety to read as follows:
7.12 Capital
Expenditures. Make or become legally obligated to make any
Capital Expenditure, except for Capital Expenditures not exceeding, in the
FIRST
AMENDMENT TO TERM LOAN CREDIT AGREEMENT
Page
13
aggregate
for the Borrower and its Subsidiaries, an amount, during each fiscal year set
forth below, equal to the amount set forth opposite such fiscal
year:
|
Fiscal Year
|
Amount
|
|
|
2008
|
$225,000,000
|
|
|
2009
|
$160,000,000
|
|
|
2010
and each fiscal year thereafter
|
$100,000,000
plus Required Regulatory Capital Expenditures for such fiscal
year
|
provided, however,
that so long as no Default has occurred and is continuing or would result from
such expenditure, any portion of any amount in Fiscal Year 2008, if not expended
in such fiscal year, may be carried over for expenditure to Fiscal Year
2009.
(v) The Required Lenders hereby consent to, and
waive the provisions of Section
7.14 of the Credit
Agreement to the extent necessary to permit, the amendments to the Revolver Loan
Documents effected by the First Revolver Amendment.
(w) Section
7.18 is hereby added to the
Agreement to read as follows:
7.18 Amendments to L/C
Facility Documents. Amend the terms of the L/C Facility
Documents or of documents governing L/C Refinancing Indebtedness, if such
amendment would (i) unless the availability of the Indebtedness thereunder
is tied to a borrowing base formula, increase the aggregate amount of
commitments thereunder to an amount exceeding $200,000,000 plus the amount of
reasonable fees and expenses incurred in connection with such amendment,
(ii) result in the material terms of such Indebtedness or of any agreement
entered into or of any instrument issued in connection therewith to be less
favorable in any material respect to the Loan Parties or the Lenders, or
(iii) contravene the provisions of the Intercreditor
Agreement.
(x) Section
8.01(e)(i) is hereby
amended to restate the second parenthetical appearing therein to read in its
entirety as follows:
(other
than Indebtedness hereunder, Indebtedness under Swap Contracts, Revolver
Indebtedness and L/C Facility Indebtedness)
(y) Section
8.01(e)(iii) is hereby
amended to be restated in its entirety as follows:
(iii) An
Event of Default as defined in the Revolving Loan Credit Agreement, the L/C
Credit Agreement, the agreements governing Refinancing Indebtedness or the
agreements governing L/C Refinancing Indebtedness shall occur; or
(z) Schedules 5.06, 5.13, 7.01, 7.02 and 10.02 to the Credit Agreement are hereby
updated with the Schedules attached hereto, and are hereby added to the Credit
FIRST
AMENDMENT TO TERM LOAN CREDIT AGREEMENT
Page
14
Agreement, and all references to such
Schedules in the Credit Agreement and the other Loan Documents shall mean the
Schedules attached hereto.
(aa) Exhibit
C to the Credit Agreement
is hereby updated with the Exhibit
C attached hereto, which is
hereby added to the Credit Agreement, and all references to such Exhibit in the
Credit Agreement and the other Loan Documents shall mean the Exhibit attached
hereto.
3. Amendment
to Intercreditor Agreement.
(a) The Required Lenders hereby
acknowledge and agree that the Intercreditor
Agreement shall be
amended
as of the date hereof to include the
L/C Facility Indebtedness as
Indebtedness that is
secured on a pari
passu
basis with the Revolver Indebtedness. Notwithstanding
anything herein or in any Loan Document to the
contrary, the Liens and security
interest granted to the Administrative
Agent pursuant to the
various Loan Documents and the
exercise of any right or remedy by the Administrative
Agent pursuant to the
Loan Documents are subject
to the provisions of the Intercreditor
Agreement, as amended
as of the date hereof. Pursuant to the terms of the Intercreditor
Agreement, in the
event of any conflict between the terms of the Intercreditor
Agreement and any of
the Loan Documents, the
provisions of the Intercreditor
Agreement shall govern
and control.
(b) Each Lender party hereto
authorizes and instructs the Administrative
Agent to enter into
the
First
Amendment to the
Intercreditor
Agreement dated as of the
First Amendment Closing Date on behalf of the
Lenders, and to take
all actions (and execute all documents) required (or deemed advisable) by it in
accordance with the terms of the Intercreditor
Agreement.
4. Consent of the
Guarantors. The Guarantors hereby consent, acknowledge and
agree to the amendments and hereby confirm, reaffirm and ratify in all respects
the Guaranties to which each such Guarantor is a party (including without
limitation the continuation of such Guarantor's payment and performance
obligations thereunder upon and after the effectiveness of this Amendment and
the amendments contemplated hereby) and the enforceability of such Guaranty
against such Guarantor in accordance with its terms.
5. Full Force and Effect of
Agreement. Except as hereby specifically amended, modified or
supplemented, the Borrower hereby acknowledges and agrees that the Credit
Agreement and all of the other Loan Documents are hereby confirmed and ratified
in all respects and shall remain in full force and effect according to their
respective terms.
6. Representations and
Warranties. The Borrower hereby certifies that after giving effect to this
Amendment:
(a) After giving effect to
this Amendment, the representations and warranties of the Borrower contained in
Article
V of the Credit Agreement,
or which are contained in any document furnished at any time under or in
connection with the Credit Agreement, that are qualified by materiality are true
and correct on and as of the date hereof, and each of the representations and
warranties of the Borrower contained in Article
V of the Credit
FIRST
AMENDMENT TO TERM LOAN CREDIT AGREEMENT
Page
15
Agreement, or which are contained in any
document furnished at any time under or in connection with the Credit Agreement,
that are not qualified by materiality are true and correct in all material
respects on and as of the date hereof, except to the extent that such
representations and warranties specifically refer to an earlier date, in which
case they are true and correct, or true and correct in all material respects, as
the case may be, as of such earlier date;
(b) The Persons appearing as
Guarantors on the signature pages to this Amendment constitute all Persons who are required
to be Guarantors pursuant to the terms of the Credit Agreement and the other
Loan Documents, including without limitation all Persons who were required to
become Guarantors after the Closing Date, and each of such Persons has become
and remains a party to a Guaranty as a Guarantor;
(c) This Amendment has been duly authorized, executed and
delivered by the Borrower and each Guarantor party hereto and constitutes a
legal, valid and binding obligation of such parties, except as may be limited by
general principles of equity, by concepts of reasonableness or by the effect of
any applicable bankruptcy, insolvency, reorganization, moratorium or similar law
affecting creditors' rights generally; and
(d) After giving effect to
this Amendment, no Default or Event of Default
exists.
7. Conditions to
Effectiveness. This Amendment shall not be effective
until the following conditions precedent have been satisfied:
(a) the Administrative Agent
shall have received counterparts of this Amendment executed by the Borrower, the
Administrative Agent and the Required Lenders;
(b) the Administrative Agent
shall have received payment or evidence of payment of (i) all fees due and
payable to Banc of America Securities LLC under the Engagement Letter and (ii)
all reasonable fees and expenses required to be reimbursed or paid by the Loan
Parties under the Loan Documents, including, without limitation, the reasonable
fees and expenses of Xxxxxxxx PC, counsel to the Administrative Agent and any
financial advisors to the Administrative Agent, in each case under this
clause
(b) to the extent invoiced
to the Borrower at least one Business Day prior to the First Amendment Closing
Date;
(c) the Administrative Agent
shall have received resolutions of the board of directors or other appropriate
body of the Borrower and each Guarantor certified by a Responsible Officer which
authorize the execution, delivery and performance by such Person of this
Amendment and such other Loan Documents to be executed in connection herewith to
which it is or is to be a party;
(d) the Administrative Agent
shall have received a certificate of incumbency certified by a Responsible
Officer of the Borrower and each Guarantor certifying as to the name of each
officer or other representative of such Person (i) who is authorized to sign
this Amendment or any Loan Documents to be executed in connection herewith to
which
FIRST
AMENDMENT TO TERM LOAN CREDIT AGREEMENT
Page
16
such Person is or is to be a party
(including any certificates contemplated herein), and (ii) who will, until
replaced by other officers or representatives duly authorized for that purpose,
act as its representative for the purposes of signing documents and giving
notices and other communications in connection with the Loan Documents and the
transactions contemplated thereby;
(e) the Administrative Agent
shall have received certified copies of any amendments of or other changes to
the bylaws or other analogous constitutional document of the Borrower and each
Guarantor since May 31, 2007, certified by a Responsible Officer of such
Person;
(f) the Administrative Agent
shall have received certificates of appropriate officials as to the existence
and good standing, status or compliance, as applicable, of the Borrower and each
Guarantor in its jurisdiction of incorporation or organization, each such
certificate to be dated as of a current date;
(g) the Administrative Agent
shall have received a fully executed copy of a First Amendment to the
Intercreditor Agreement in form and substance satisfactory to the Administrative
Agent; and
(h) the Administrative Agent
shall have received a legal opinion from Xxxxx Xxxx & Xxxxxxxx in form and
substance reasonably satisfactory to the Administrative
Agent.
Upon the
satisfaction of the conditions set forth in this Section 7, this
Amendment shall be effective as of the date hereof.
8. Condition
Subsequent. Within 30 days after the First Amendment Effective
Date, the Administrative Agent shall have received certified copies of any
amendments of or other changes to the articles or certificates of incorporation,
certificate of formation, certificate of limited partnership, partnership
agreement or other analogous constitutional document of the Borrower and of each
Guarantor since May 31, 2007, certified by the Secretary of State or other
applicable Governmental Authority of the state or other jurisdiction of
incorporation or organization of the Borrower and each Guarantor and dated as of
a current date.
9. Acknowledgement and
Ratification. The parties hereto acknowledge that the
Revolving Credit Agreement is being amended contemporaneously with this
Amendment, and ratify the terms of the Revolving Credit Agreement, as amended as
of the date hereof. The Intercreditor Agreement, as amended as of the
date hereof, is hereby ratified and confirmed in all respects and shall remain
in full force and effect in accordance with its terms.
10. Counterparts. This
Amendment may be executed in one or more counterparts, each of which shall be
deemed an original (including electronic copies) but all of which together shall
constitute one and the same instrument.
11. Governing
Law. This Amendment shall in all respects be governed by, and
construed in accordance with, the laws of the State of New York.
FIRST
AMENDMENT TO TERM LOAN CREDIT AGREEMENT
Page
17
12. Enforceability. Should
any one or more of the provisions of this Amendment be determined to be illegal
or unenforceable as to one or more of the parties hereto, all other provisions
nevertheless shall remain effective and binding on the parties
hereto.
13. No
Novation. This Amendment is given as an amendment and
modification of, and not as a payment of, the Obligations of the Borrower and
each other Loan Party under the Credit Agreement and is not intended to
constitute a novation of the Credit Agreement. All of the
indebtedness, liabilities and obligations owing by the Borrower and each other
Loan Party under the Credit Agreement and the other Loan Documents shall
continue.
14. Successors and
Assigns. This Amendment shall be binding upon and inure to the
benefit of each of the Borrower, the Lenders and the Administrative Agent and
their respective successors, assigns and legal representatives; provided, however, that the
Borrower, without the prior consent of the Administrative Agent, may not assign
any rights, powers, duties or obligations hereunder.
15. Expenses. Without
limiting the provisions of Section 10.04 of the
Credit Agreement, the Borrower agrees to pay all reasonable out of pocket costs
and expenses (including without limitation reasonable fees and expenses of any
counsel, financial advisor, industry advisor and agent for the Administrative
Agent) incurred before or after the date hereof by the Administrative Agent and
its Affiliates in connection with the preparation, negotiation, execution,
delivery and administration of this Amendment and the Loan
Documents.
16. Release. As
a material part of the consideration for the Administrative Agent and the
Lenders entering into this Amendment, the Borrower and each Guarantor signing
this Amendment (collectively "Releasor") agree as
follows (the "Release Provision"):
(a) Releasor hereby releases and forever
discharges the
Administrative Agent and each Lender and the Administrative Agent's and each
Lender's predecessors,
successors, assigns, officers, managers, directors, shareholders,
employees, agents,
attorneys, representatives,
parent corporations, subsidiaries, and affiliates
(hereinafter all of the
above collectively referred to as "Lender
Group") jointly and
severally from any and all
claims, counterclaims,
demands, damages, debts, agreements, covenants, suits, contracts,
obligations, liabilities,
accounts, offsets, rights,
actions, and causes of action of any nature
whatsoever occurring prior
to the date hereof,
including, without
limitation, all claims, demands, and causes of action for
contribution and indemnity,
whether arising at law or
in equity, presently possessed, whether known or unknown, whether
liability be direct or
indirect, liquidated or unliquidated, presently
accrued, whether absolute
or contingent, foreseen or
unforeseen, and whether or
not heretofore asserted ("Claims"), which Releasor may have or claim to have
against any of Lender
Group; except, as to any member of the Lender Group, to the extent that any such
Claims results from any of gross negligence or willful misconduct of that
member.
(b) Releasor agrees not to xxx any of Lender
Group or in any way assist
any other person or entity
in suing Lender Group with respect to any claim released
herein. The
Release Provision may be pleaded as a full and complete defense to,
and may be
FIRST
AMENDMENT TO TERM LOAN CREDIT AGREEMENT
Page
18
used as the basis for an
injunction against, any
action, suit, or other
proceeding which may be instituted, prosecuted, or attempted in breach of the
release contained herein.
(c) Releasor acknowledges, warrants, and
represents to Lender Group that:
(i) Releasor
has read and understands the effect of the Release
Provision. Releasor has had the assistance of independent counsel of
its own choice, or has had the opportunity to retain such independent counsel,
in reviewing, discussing, and considering all the terms of the Release
Provision; and if counsel was retained, counsel for Releasor has read and
considered the Release Provision and advised Releasor to execute the
same. Before execution of this Amendment, Releasor has had adequate
opportunity to make whatever investigation or inquiry it may deem necessary or
desirable in connection with the subject matter of the Release
Provision.
(ii) Releasor
is not acting in reliance on any representation, understanding, or agreement not
expressly set forth herein. Releasor acknowledges that Lender Group
has not made any representation with respect to the Release Provision except as
expressly set forth herein.
(iii) Releasor
has executed this Amendment and the Release Provision thereof as its free and
voluntary act, without any duress, coercion, or undue influence exerted by or on
behalf of any person.
(iv) Releasor
is the sole owner of the claims released by the Release Provision, and Releasor
has not heretofore conveyed or assigned any interest in any such claims to any
other person or entity.
(d) Releasor understands that the Release
Provision was a material consideration in the agreement of
the Administrative Agent
and each Lender to enter
into this Amendment.
(e) It is the express intent of Releasor
that the release and discharge set forth in the Release Provision be
construed as broadly as possible in favor of Lender Group so as to foreclose
forever the assertion by Releasor of any claims released hereby against Lender
Group.
(f) If any term, provision, covenant, or
condition of the Release Provision is held by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, the remainder of the
provisions shall remain in full force and effect.
[Remainder
of Page Intentionally Left Blank. Signature Pages
Follow.]
FIRST AMENDMENT TO
TERM LOAN CREDIT AGREEMENT
Page
19
IN WITNESS WHEREOF, the
parties hereto have caused this Amendment to be duly executed by their duly
authorized officers, all as of the day and year first above
written.
|
BORROWER:
a
Delaware corporation
|
|
|
By:
|
/s/ Xxxxx X. Xxxxxx
|
|
Name:
|
Xxxxx X. Xxxxxx
|
|
Title:
|
Vice President & Assistant
Secretary
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BANK
OF AMERICA, N.A.,
as
Administrative Agent
|
|
|
By:
|
/s/ Xxxxx X. Xxxxxxx
|
|
Name:
|
Xxxxx X. Xxxxxxx
|
|
Title:
|
Senior Vice
President
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
1776 CLO I,
LTD.,
as a
Lender
|
|
|
By:
|
/s/ Xxxxx Xxxxxx
|
|
Name:
|
Xxxxx Xxxxxx
|
|
Title:
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
1888 FUND,
LTD.,
as a
Lender
|
|
|
By:
|
/s/ Xxxxxxx Xxxxx
|
|
Name:
|
Xxxxxxx Xxxxx
|
|
Title:
|
Director
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ABERDEEN LOAN FUNDING
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
as
Collateral Manager
|
||
|
By:
|
Strand
Advisors, Inc.,
Its
General Partner
|
||
|
By:
|
/s/ Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx Xxxxxxxx
|
||
|
Title:
|
Chief Operating
Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ABS LOAN 2007
LIMITED,
a
subsidiary of Xxxxxxx Xxxxx Institutional Funds II PLC,
as a
Lender
|
|
|
By:
|
/s/ Xxxx Xxxx
|
|
Name:
|
Xxxx Xxxx
|
|
Title:
|
Assistant Vice
President
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
AMERICAN INTERNATIONAL GROUP,
INC.,
as a
Lender
|
||
|
By:
|
AIG
Global Investment Corp.,
Its
Investment Adviser
|
|
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
|
Xxxxx X. Xxxxx
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
AMERIPRISE FINANCIAL,
INC.,
as
a Lender
|
|
|
By:
|
/s/ Xxxxx X.
Xxxxxxx
|
|
Name:
|
Xxxxx X.
Xxxxxxx
|
|
Title:
|
Assistant Vice
President
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
AMMC CLO IV,
LIMITED,
as
a Lender
|
||
|
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 TO TERM LOAN CREDIT AGREEMENT
|
AMMC CLO VI,
LIMITED,
as
a Lender
|
||
|
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 TO TERM LOAN CREDIT AGREEMENT
|
AMMC CLO VII,
LIMITED,
as
a Lender
|
||
|
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 TO TERM LOAN CREDIT AGREEMENT
|
AMMC CLO VIII,
LIMITED,
as
a Lender
|
||
|
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 TO TERM LOAN CREDIT AGREEMENT
|
APIDOS CDO
I,
as
a Lender
|
||
|
By:
|
its
investment adviser Apidos
Capital
Management, LLC
|
|
|
By:
|
/s/ Xxxx
Xxxxxxxxx
|
|
|
Name:
|
Xxxx
Xxxxxxxxx
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
APIDOS CDO
II,
as
a Lender
|
||
|
By:
|
its
investment adviser Apidos
Capital
Management, LLC
|
|
|
By:
|
/s/ Xxxx
Xxxxxxxxx
|
|
|
Name:
|
Xxxx
Xxxxxxxxx
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
APIDOS CDO
III,
as
a Lender
|
||
|
By:
|
its
investment adviser Apidos
Capital
Management, LLC
|
|
|
By:
|
/s/ Xxxx
Xxxxxxxxx
|
|
|
Name:
|
Xxxx
Xxxxxxxxx
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
APIDOS CDO
IV,
as
a Lender
|
||
|
By:
|
its
investment adviser Apidos
Capital
Management, LLC
|
|
|
By:
|
/s/ Xxxx
Xxxxxxxxx
|
|
|
Name:
|
Xxxx
Xxxxxxxxx
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
APIDOS CDO
V,
as
a Lender
|
||
|
By:
|
its
investment adviser Apidos
Capital
Management, LLC
|
|
|
By:
|
/s/ Xxxx
Xxxxxxxxx
|
|
|
Name:
|
Xxxx
Xxxxxxxxx
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
APIDOS CINCO
CDO,
as
a Lender
|
||
|
By:
|
its
investment adviser Apidos
Capital
Management, LLC
|
|
|
By:
|
/s/ Xxxx
Xxxxxxxxx
|
|
|
Name:
|
Xxxx
Xxxxxxxxx
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
APIDOS QUATTRO
CDO,
as
a Lender
|
||
|
By:
|
its
investment adviser Apidos
Capital
Management, LLC
|
|
|
By:
|
/s/ Xxxx
Xxxxxxxxx
|
|
|
Name:
|
Xxxx
Xxxxxxxxx
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXXXXX LOAN FUNDING
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
Its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXX LOAN FUND 2007-I,
LTD.,
as a
Lender
|
|||
|
By:
|
Babson
Capital Management LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxxxx Xxxxxx
|
||
|
Name:
|
Xxxxxxxx
Xxxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ATLAS LOAN FUNDING (NAVIGATOR),
LLC,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxxx X. Xxxxxx
|
|
Name:
|
Xxxxxxx
X. Xxxxxx
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ATRIUM III,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
|
Name:
|
Xxxxxx
Xxxxxxxx
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ATRIUM V,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
|
Name:
|
Xxxxxx
Xxxxxxxx
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ATRIUM VI,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
|
Name:
|
Xxxxxx
Xxxxxxxx
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
AVENUE CLO II,
LTD.,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxxx X’Xxxxxxx
|
|
Name:
|
Xxxxxxx
X’Xxxxxxx
|
|
Title:
|
Senior
Portfolio Manager
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
AVENUE CLO III,
LTD.,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxxx X’Xxxxxxx
|
|
Name:
|
Xxxxxxx
X’Xxxxxxx
|
|
Title:
|
Senior
Portfolio Manager
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
AVENUE CLO IV,
LTD.,
as a
Lender
|
||
|
By:
|
/s/
Xxxxxxx X’Xxxxxxx
|
|
|
Name:
|
Xxxxxxx
X’Xxxxxxx
|
|
|
Title:
|
Senior
Portfolio Manager
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
AVENUE CLO V,
LTD.,
as a
Lender
|
||
|
By:
|
/s/
Xxxxxxx X’Xxxxxxx
|
|
|
Name:
|
Xxxxxxx
X’Xxxxxxx
|
|
|
Title:
|
Senior
Portfolio Manager
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
AVENUE CLO VI,
LTD.,
as a
Lender
|
||
|
By:
|
/s/
Xxxxxxx X’Xxxxxxx
|
|
|
Name:
|
Xxxxxxx
X’Xxxxxxx
|
|
|
Title:
|
Senior
Portfolio Manager
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXX POINT CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Sankaty
Advisors, LLC,
|
|
|
its
Collateral Manager
|
||
|
By:
|
/s/
Xxxx X. Xxxxxxxxx
|
|
|
Name:
|
Xxxx
X. Xxxxxxxxx
|
|
|
Title:
|
Chief
Compliance Officer/
|
|
|
Assistant
Secretary
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BABSON CLO LTD.
2004-I,
as a
Lender
|
||
|
By:
|
Babson
Capital Management LLC,
|
|
|
as
Collateral Manager
|
||
|
By:
|
/s/
Xxxxxxxx Xxxxxx
|
|
|
Name:
|
Xxxxxxxx
Xxxxxx
|
|
|
Title:
|
Director
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BABSON CLO LTD.
2005-I,
as a
Lender
|
||
|
By:
|
Babson
Capital Management LLC,
|
|
|
as
Collateral Manager
|
||
|
By:
|
/s/
Xxxxxxxx Xxxxxx
|
|
|
Name:
|
Xxxxxxxx
Xxxxxx
|
|
|
Title:
|
Director
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BABSON CLO LTD.
2005-II,
as a
Lender
|
||
|
By:
|
Babson
Capital Management LLC,
|
|
|
as
Collateral Manager
|
||
|
By:
|
/s/
Xxxxxxxx Xxxxxx
|
|
|
Name:
|
Xxxxxxxx
Xxxxxx
|
|
|
Title:
|
Director
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BABSON CLO LTD.
2005-III,
as a
Lender
|
||
|
By:
|
Babson
Capital Management LLC,
|
|
|
as
Collateral Manager
|
||
|
By:
|
/s/
Xxxxxxxx Xxxxxx
|
|
|
Name:
|
Xxxxxxxx
Xxxxxx
|
|
|
Title:
|
Director
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BABSON CLO LTD.
2006-II,
as a
Lender
|
|||
|
By:
|
Babson
Capital Management LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxxxx Xxxxxx
|
||
|
Name:
|
Xxxxxxxx
Xxxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BABSON CLO LTD.
2007-I,
as a
Lender
|
|||
|
By:
|
Babson
Capital Management LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxxxx Xxxxxx
|
||
|
Name:
|
Xxxxxxxx
Xxxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BABSON CLO LTD.
2008-I,
as a
Lender
|
|||
|
By:
|
Babson
Capital Management LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxxxx Xxxxxx
|
||
|
Name:
|
Xxxxxxxx
Xxxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BALLYROCK CLO 2006-2
LTD.,
as a
Lender
|
|||
|
By:
|
Ballyrock
Investment Advisors LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx Xxxxx
|
||
|
Name:
|
Xxxx
Xxxxx
|
||
|
Title:
|
Assistant
Treasurer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BANK OF AMERICA,
N.A.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxx Xxxx
|
||
|
Name:
|
Xxxxxxx
Xxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BEAR XXXXXXX LOAN
TRUST,
as a
Lender
|
|||
|
By:
|
Bear
Xxxxxxx Asset Management, Inc.,
|
||
|
as
its attorney in fact
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Senior
Managing Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BLACK DIAMOND CLO 2006-1
(CAYMAN) LTD.,
as a
Lender
|
|||
|
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 TO TERM LOAN CREDIT AGREEMENT
|
BLACKROCK DEBT STRATEGIES FUND,
INC.,
as a
Lender
|
|||
|
By:
|
/s/
XxxXxxxx Xxxxx
|
||
|
Name:
|
XxxXxxxx
Xxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BLACKROCK FLOATING RATE INCOME
STRATEGIES FUND, INC.,
as a
Lender
|
|||
|
By:
|
/s/
XxxXxxxx Xxxxx
|
||
|
Name:
|
XxxXxxxx
Xxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BLACKROCK FLOATING RATE INCOME
STRATEGIES FUND II, INC.,
as a
Lender
|
|||
|
By:
|
/s/
XxxXxxxx Xxxxx
|
||
|
Name:
|
XxxXxxxx
Xxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BLACKROCK GLOBAL FLOATING RATE
INCOME TRUST,
as a
Lender
|
|||
|
By:
|
/s/
XxxXxxxx Xxxxx
|
||
|
Name:
|
XxxXxxxx
Xxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BLACKROCK LIMITED DURATION
INCOME TRUST SENIOR LOAN PORTFOLIO,
as a
Lender
|
|||
|
By:
|
/s/
XxxXxxxx Xxxxx
|
||
|
Name:
|
XxxXxxxx
Xxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BLACKROCK SENIOR FLOATING RATE
TRUST,
as a
Lender
|
|||
|
By:
|
/s/
XxxXxxxx Xxxxx
|
||
|
Name:
|
XxxXxxxx
Xxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BLACKROCK SENIOR HIGH INCOME
FUND, INC.,
as a
Lender
|
|||
|
By:
|
/s/
XxxXxxxx Xxxxx
|
||
|
Name:
|
XxxXxxxx
Xxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BLUE MOUNTAIN CLO
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxx
Name:
Xxxxxx Xxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BLUE MOUNTAIN CLO II
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxx
|
||
|
Name:
|
Xxxxxx
Xxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BLUE MOUNTAIN CLO III
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxx
|
||
|
Name:
|
Xxxxxx
Xxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BOEING COMPANY EMPLOYEES
RETIREMENT PLAN,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxx X. News
|
||
|
Name:
|
Xxxxx
X. News
|
||
|
Title:
|
Senior
Portfolio Manager
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BRENTWOOD CLO
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
Its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BRIDGEPORT CLO
LTD.,
as a
Lender
|
|||
|
By:
|
Deerfield
Capital Management LLC,
|
||
|
as
its Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxxxxx
|
||
|
Title:
|
Managing
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
BRIDGEPORT II CLO
LTD.,
as a
Lender
|
|||
|
By:
|
Deerfield
Capital Management LLC,
|
||
|
as
its Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxxxxx
|
||
|
Title:
|
Managing
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXX RIDGE CLO PLUS
LTD.,
as a
Lender
|
|||
|
By:
|
Deerfield
Capital Management LLC,
|
||
|
as
its Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxxxxx
|
||
|
Title:
|
Managing
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CANADIAN IMPERIAL BANK OF
COMMERCE,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxx Xxxxxxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CARMEL FUNDING,
LLC,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxx
|
||
|
Title:
|
Attorney-in-Fact
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CASTLE GARDEN
FUNDING,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CASTLE HILL III CLO,
LIMITED,
as a
Lender
|
|||
|
By:
|
Sankaty
Advisors, LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxxxxx
|
||
|
Title:
|
Chief
Compliance Officer/
|
||
|
Assistant
Secretary
|
|||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CENT CDO 10,
LTD.,
as a
Lender
|
|||
|
By:
|
RiverSource
Investments, LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Director
of Operations
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CENT CDO 12,
LTD.,
as a
Lender
|
|||
|
By:
|
RiverSource
Investments, LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Director
of Operations
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CENT CDO 14,
LTD.,
as a
Lender
|
|||
|
By:
|
RiverSource
Investments, LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Director
of Operations
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CENT CDO 15,
LTD.,
as a
Lender
|
|||
|
By:
|
RiverSource
Investments, LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Director
of Operations
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CENT CDO XI,
LTD.,
as a
Lender
|
|||
|
By:
|
RiverSource
Investments, LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Director
of Operations
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CENTAURUS LOAN
TRUST,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CENTURION CDO 8,
LIMITED,
as a
Lender
|
|||
|
By:
|
RiverSource
Investments, LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Director
of Operations
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CENTURION CDO 9,
LIMITED,
as a
Lender
|
|||
|
By:
|
RiverSource
Investments, LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Director
of Operations
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CENTURION CDO VI,
LIMITED,
as a
Lender
|
|||
|
By:
|
RiverSource
Investments, LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Director
of Operations
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CENTURION CDO VII,
LIMITED,
as a
Lender
|
|||
|
By:
|
RiverSource
Investments, LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Director
of Operations
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CHATHAM LIGHT II CLO,
LIMITED,
as a
Lender
|
|||
|
By:
|
Sankaty
Advisors LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxxxxx
|
||
|
Title:
|
Chief
Compliance Officer
|
||
|
Assistant
Secretary
|
|||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CHATHAM LIGHT III CLO,
LIMITED,
as a
Lender
|
|||
|
By:
|
Sankaty
Advisors LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxxxxx
|
||
|
Title:
|
Chief
Compliance Officer
|
||
|
Assistant
Secretary
|
|||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CIFC FUNDING 2006-IB,
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxxxx
|
||
|
Title:
|
General
Counsel
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CIFC FUNDING 2006-II,
LTD.,
|
|||
|
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxxxx
|
||
|
Title:
|
General
Counsel
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CIFC FUNDING 2007-I,
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxxxx
|
||
|
Title:
|
General
Counsel
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CIFC FUNDING 2007-II,
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxxxx
|
||
|
Title:
|
General
Counsel
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CIFC FUNDING 2007-48,
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxxxx
|
||
|
Title:
|
General
Counsel
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CITIBANK,
N.A.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxx
|
||
|
Title:
|
Attorney-In-Fact
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CL2 LEVERAGE LOAN
TRUST,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CLYDESDALE CLO 2003
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CLYDESDALE CLO 2004
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CLYDESDALE CLO 2005
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CLYDESDALE CLO 2006
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CLYDESDALE STRATEGIC CLO I
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
COLUMBUS PARK CDO
LTD.,
as a
Lender
|
|||
|
By:
|
GSO
Debt Funds Management LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
COLUMBUSNOVA CLO LTD.
2007-II,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CONFLUENT 3
LIMITED,
as a
Lender
|
|||
|
By:
|
Xxxxxx
Xxxxxxx Investment Management Inc.,
|
||
|
as
Investment Manager
|
|||
|
By:
|
/s/
Xxxx Xxxxx
|
||
|
Name:
|
Xxxx
Xxxxx
|
||
|
Title:
|
Executive
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
COPPER RIVER CLO
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CORNERSTONE CLO
LTD.,
as a
Lender
|
|||
|
By:
|
Stone
Tower Debt Advisors LLC,
|
||
|
as
its collateral manager
|
|||
|
By:
|
/s/
Xxxxxxx X. Xxxxxxxxx
|
||
|
Name:
|
Xxxxxxx
X. Xxxxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CREDIT OPPORTUNITY ASSOCIATES
FINANCING, LTD.,
as a
Lender
|
|||
|
By:
|
FS
COA Management, LLC as Ramp Up,
Investment
Manager
|
||
|
By:
|
/s/
Xxxx X. Xxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxx
|
||
|
Title:
|
Managing
Partner
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CREDIT SUISSE SYNDICATED LOAN
FUND,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CRP V,
as a
Lender
|
|||
|
By:
|
Oak
Hill Advisors, L.P.,
|
||
|
its
Portfolio Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Authorized
Person
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CSAM FUNDING
III,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CSAM FUNDING
IV,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CUMBERLAND II CLO
LTD.,
as a
Lender
|
|||
|
By:
|
Deerfield
Capital Management LLC,
|
||
|
as
its Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxxxxx
|
||
|
Title:
|
Managing
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
DEUTSCHE ASSET MANAGEMENT
VARIABLE FUNDING, LTD.,
as a
Lender
|
|||
|
By:
|
Deutsche
Investment Management Americas,
|
||
|
Inc.,
as its Investment Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxx
|
||
|
Title:
|
Director
|
||
|
By:
|
/s/
Xxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
DEUTSCHE BANK, AG
LONDON,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
DEUTSCHE BANK AG NEW YORK
BRANCH,
as a
Lender
|
|||
|
By:
|
DB
Services New Jersey, Inc.
|
||
|
By:
|
/s/
Xxxxxxxx Xxxx
|
||
|
Name:
|
Xxxxxxxx
Xxxx
|
||
|
Title:
|
Assistant
Vice President
|
||
|
By:
|
/s/
Xxxxxxx Xxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxx
|
||
|
Title:
|
Assistant
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX VII – LEVERAGED LOAN CDO
2004,
as a
Lender
|
|||
|
By:
|
Prudential
Investment Management, Inc.,
|
||
|
as
Collateral Manager,
|
|||
|
By:
|
/s/
Xxxxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxxxx
X. Xxxxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX VIII – LEVERAGED LOAN
CDO 2005,
as a
Lender
|
|||
|
By:
|
Prudential
Investment Management, Inc.,
|
||
|
as
Collateral Manager,
|
|||
|
By:
|
/s/
Xxxxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxxxx
X. Xxxxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX XI – LEVERAGED LOAN CDO
2006,
as a
Lender
|
|||
|
By:
|
Prudential
Investment Management, Inc.,
|
||
|
as
Collateral Manager,
|
|||
|
By:
|
/s/
Xxxxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxxxx
X. Xxxxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX XVIII – LEVERAGED LOAN
CDO 2007 LTD.,
as a
Lender
|
|||
|
By:
|
Prudential
Investment Management, Inc.,
|
||
|
as
Collateral Manager,
|
|||
|
By:
|
/s/
Xxxxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxxxx
X. Xxxxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXX STREET CLO I,
LTD.,
as a
Lender
|
|||
|
By:
|
XxXxxx
Xxxxx Capital LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXX STREET CLO II,
LTD.,
as a
Lender
|
|||
|
By:
|
XxXxxx
Xxxxx Capital LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXX STREET CLO III,
LTD.,
as a
Lender
|
|||
|
By:
|
XxXxxx
Xxxxx Capital LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXX STREET CLO IV,
LTD.,
as a
Lender
|
|||
|
By:
|
XxXxxx
Xxxxx Capital LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXX STREET CLO V,
LTD.,
as a
Lender
|
|||
|
By:
|
XxXxxx
Xxxxx Capital LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
EAGLE LOAN
TRUST,
as a
Lender
|
|||
|
By:
|
Xxxxxxxxx
Capital Partners, LLC,
|
||
|
as
its Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxxxxxxx Xxxxxx
|
||
|
Name:
|
Xxxxxxxxxxx
Xxxxxx
|
||
|
Title:
|
Managing
Partner
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
EAGLE MASTER FUND
LTD.,
as a
Lender
|
|||
|
By:
|
Citigroup
Alternative Investments LLC
|
||
|
as
Investment Manager for and on behalf of,
|
|||
|
Eagle
Master Fund Ltd.
|
|||
|
By:
|
/s/
Xxxxx Xxx
|
||
|
Name:
|
Xxxxx
Xxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
EASTLAND CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
EMERALD ORCHARD
LIMITED,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ERSTE
BANK DER OESTERREICHISCHEN
SPARKASSEN
AG,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxx X. Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
X. Xxxxxxxx
|
||
|
Title:
|
Director
|
||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Managing
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FAIRVIEW FUNDING,
LLC,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Attorney-In-Fact
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FIDELITY
ADVISOR SERIES I: FIDELITY ADVISOR FLOATING RATE
HIGH INCOME FUND, as a
Lender
|
|||
|
By:
|
/s/
Xxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxxxx
|
||
|
Title:
|
Assistant
Treasurer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FIDELITY CENTRAL INVESTMENT
PORTFOLIOS LLC: FIDELITY
FLOATING RATE CENTRAL INVESTMENT PORTFOLIO, as a
Lender
|
|||
|
By:
|
/s/
Xxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxxxx
|
||
|
Title:
|
Assistant
Treasurer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FIRST TRUST/FOUR CORNERS SENIOR
FLOATING RATE INCOME FUND II,
as a
Lender
|
|||
|
By:
|
Four
Corners Capital Management, LLC,
|
||
|
As
Sub-Advisor
|
|||
|
By:
|
/s/
Xxxx X’Xxxx
|
||
|
Name:
|
Xxxx
X’Xxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FLAGSHIP CLO
III,
as a
Lender
|
|||
|
By:
|
Deutsche
Investment Management
|
||
|
Americas,
Inc. (as successor in interest to
|
|||
|
Deutsche
Asset Management, Inc.),
|
|||
|
As
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxx
|
||
|
Title:
|
Managing
Director
|
||
|
By:
|
/s/
Xxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FLAGSHIP CLO
IV,
as a
Lender
|
|||
|
By:
|
Deutsche
Investment Management
|
||
|
Americas,
Inc. (as successor in interest to
|
|||
|
Deutsche
Asset Management, Inc.),
|
|||
|
As
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxx
|
||
|
Title:
|
Managing
Director
|
||
|
By:
|
/s/
Xxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FLAGSHIP CLO
V,
as a
Lender
|
|||
|
By:
|
Deutsche
Investment Management
|
||
|
Americas,
Inc. (as successor in interest to
|
|||
|
Deutsche
Asset Management, Inc.),
|
|||
|
As
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxx
|
||
|
Title:
|
Managing
Director
|
||
|
By:
|
/s/
Xxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FLAGSHIP CLO
VI,
as a
Lender
|
|||
|
By:
|
Deutsche
Investment Management
|
||
|
Americas,
Inc. (as successor in interest to
|
|||
|
Deutsche
Asset Management, Inc.),
|
|||
|
As
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxx
|
||
|
Title:
|
Managing
Director
|
||
|
By:
|
/s/
Xxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FM LEVERAGED CAPITAL FUND
I,
as a
Lender
|
|||
|
By:
|
GSO
Debt Funds Management LLC,
|
||
|
as
Subadviser to Friedberg Xxxxxxxx LLC
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FM LEVERAGED CAPITAL FUND
II,
as a
Lender
|
|||
|
By:
|
GSO
Debt Funds Management LLC,
|
||
|
as
Subadviser to Friedberg Xxxxxxxx LLC
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FOOTHILL CLO I,
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxx
|
||
|
Name:
|
Xxxx
Xxxxx
|
||
|
Title:
|
Senior
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
THE FOOTHILL GROUP,
INC.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxx
|
||
|
Name:
|
Xxxx
Xxxxx
|
||
|
Title:
|
Senior
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FORE CLO LTD.
2007-I,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxx Xin
|
||
|
Name:
|
Xxxxx
Xin
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FOREST CREEK CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
Deerfield
Capital Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxxxxx
|
||
|
Title:
|
Managing
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FOUNTAIN COURT MASTER
FUND,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FRASER XXXXXXXX CLO II,
LTD.,
as a
Lender
|
|||
|
By:
|
WCAS
Fraser Xxxxxxxx Investment
|
||
|
Management,
LLC,
|
|||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxx
|
||
|
Title:
|
Managing
Partner
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
FRASER XXXXXXXX CLO III,
LTD.,
as a
Lender
|
|||
|
By:
|
WCAS
Fraser Xxxxxxxx Investment
|
||
|
Management,
LLC,
|
|||
|
as
Ramp Up Investment Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxx
|
||
|
Title:
|
Managing
Partner
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GALAXY V CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
AIG
Global Investment Corp.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GALAXY VI CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
AIG
Global Investment Corp.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GALAXY VII CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
AIG
Global Investment Corp.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GALAXY VIII CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
AIG
Global Investment Corp.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GALAXY X CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
AIG
Global Investment Corp.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXX FORCE 1 CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
GSO
Debt Funds Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXX FORCE 4 CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
GSO
Debt Funds Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GALLATIN CLO II 2005-1
LTD.,
as a
Lender
|
|||
|
By:
|
Bear
Xxxxxxx Asset Management Inc.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Senior
Managing Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GALLATIN CLO III 2007-1,
LTD.,
as a
Lender
|
|||
|
By:
|
Bear
Xxxxxxx Asset Management Inc.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Senior
Managing Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GENESIS CLO 2007-1
LTD.,
as a
Lender
|
|||
|
By:
|
Ore
Hill Partners LLC,
|
||
|
its
Investment Advisor
|
|||
|
By:
|
/s/
Xxxxxx X. Xxxx, Esq.
|
||
|
Name:
|
Xxxxxx
X. Xxxx, Esq.
|
||
|
Title:
|
General
Counsel
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GENESIS CLO 2007-2
LTD.,
as a
Lender
|
|||
|
By:
|
LLCP
Advisors LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx X. Xxxx
|
||
|
Name:
|
Xxxxxx
X. Xxxx
|
||
|
Title:
|
Sr.
Portfolio Manager
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ACCT# 611 – XXXXXX
XXXXXX,
THE XXXXXX XXXXXX FUND OF
BOSTON,
as a
Lender
|
|||
|
By:
|
Xxxxxx
Investment Management, LLC,
|
||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GLENEAGLES CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXXX XXXXX ASSET MANAGEMENT
CLO, PUBLIC LIMITED COMPANY,
as a
Lender
|
|||
|
By:
|
Xxxxxxx
Sachs Asset Manager, L.P.,
|
||
|
its
Manager
|
|||
|
By:
|
/s/
Xxxx Xxxx
|
||
|
Name:
|
Xxxx
Xxxx
|
||
|
Title:
|
|||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXX CAPITAL MANAGEMENT CLO
2007-1, LTD.,
as a
Lender
|
|||
|
By:
|
Xxxxx
Capital Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxxxx
X. Xxxxxxx
|
||
|
Title:
|
Portfolio
Manager
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXX CAPITAL SENIOR LOAN
OPPORTUNITY FUND, LTD.,
as a
Lender
|
|||
|
By:
|
Xxxxx
Capital Incorporated,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxxxx
X. Xxxxxxx
|
||
|
Title:
|
Portfolio
Manager
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GRAND CENTRAL ASSET TRUST, EAP
SERIES, as a Lender
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Attorney-In-Fact
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GRAND CENTRAL ASSET TRUST, SOLA
SERIES, as a Lender
|
|||
|
By:
|
/s/
Xxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxxx
|
||
|
Title:
|
Attorney-In-Fact
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GRAND CENTRAL ASSET TRUST, ULT
SERIES, as a Lender
|
|||
|
By:
|
/s/
Xxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxxx
|
||
|
Title:
|
Attorney-In-Fact
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GRANITE VENTURES I,
LTD.,
as a
Lender
|
|||
|
By:
|
Stone
Tower Debt Advisors LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxxx X. Xxxxxxxxx
|
||
|
Name:
|
Xxxxxxx
X. Xxxxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GRANITE VENTURES II,
LTD.,
as a
Lender
|
|||
|
By:
|
Stone
Tower Debt Advisors LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxxx X. Xxxxxxxxx
|
||
|
Name:
|
Xxxxxxx
X. Xxxxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GRANITE VENTURES III,
LTD.,
as a
Lender
|
|||
|
By:
|
Stone
Tower Debt Advisors LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxxx X. Xxxxxxxxx
|
||
|
Name:
|
Xxxxxxx
X. Xxxxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXXX CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GRAYSTON CLO II 2004-1
LTD.,
as a
Lender
|
|||
|
By:
|
Bear
Xxxxxxx Asset Management Inc.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Senior
Managing Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GREEN LANE CLO
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GREENBRIAR CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GULF STREAM-COMPASS CLO 2004-I
LTD.,
as a
Lender
|
|||
|
By:
|
Gulf
Stream Asset Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxx
|
||
|
Title:
|
Head
Trader
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GULF STREAM-COMPASS CLO 2005-I
LTD.,
as a
Lender
|
|||
|
By:
|
Gulf
Stream Asset Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxx
|
||
|
Title:
|
Head
Trader
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GULF STREAM-COMPASS CLO 2007-I
LTD.,
as a
Lender
|
|||
|
By:
|
Gulf
Stream Asset Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxx
|
||
|
Title:
|
Head
Trader
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
GULF STREAM-SEXTANT CLO 2007-I
LTD.,
as a
Lender
|
|||
|
By:
|
Gulf
Stream Asset Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxx
|
||
|
Title:
|
Head
Trader
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HALCYON LOAN INVESTORS CLO I,
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Controller
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HALCYON LOAN INVESTORS CLO II,
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Controller
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HALCYON STRUCTURED ASSET
MANAGEMENT CLO I LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Controller
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HALCYON STRUCTURED ASSET
MANAGEMENT LONG SECURED/SHORT UNSECURED CLO 2006-1
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Controller
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HALCYON STRUCTURED ASSET
MANAGEMENT LONG SECURED/SHORT UNSECURED CLO 2007-1
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Controller
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HALCYON STRUCTURED ASSET
MANAGEMENT LONG SECURED/SHORT UNSECURED CLO 2007-2
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Controller
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HALCYON STRUCTURED ASSET
MANAGEMENT LONG SECURED/SHORT UNSECURED CLO II LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Controller
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HALCYON STRUCTURED ASSET
MANAGEMENT LONG SECURED/SHORT UNSECURED CLO III LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Controller
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HARBOURMASTER CLO 9
B.V.,
as a
Lender
|
|
|
By:
|
/s/
Xxxx Xxxx
|
|
Name:
|
Xxxx
Xxxx
|
|
Title:
|
|
| By | /s/ Xxxxxx Xxxxxxxx |
|
Name:
|
Xxxxxx
Xxxxxxxx
|
|
Title:
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HARBOURMASTER PRORATA CLO 3
B.V., as a
Lender |
|
|
By:
|
/s/
Xxxx Xxxx
|
|
Name:
|
Xxxx
Xxxx
|
|
Title:
|
|
| By | /s/ Xxxxxx Xxxxxxxx |
|
Name:
|
Xxxxxx
Xxxxxxxx
|
|
Title:
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HARBOUR VIEW CLO
2006-1,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxx
|
||
|
Title:
|
Assistant
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HARCH CLO III,
LIMITED,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxx X. Xxxxxx
|
||
|
Name:
|
Xxxxxxx
X. Xxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HARTFORD ACCIDENT AND INDEMNITY
COMPANY, as a Lender
|
|||
|
By:
|
Hartford
Investment Management
|
||
|
Company,
|
|||
|
its
Agent and Attorney-in-Fact
|
|||
|
By:
|
/s/
Adrayll Xxxxx
|
||
|
Name:
|
Adrayll
Xxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HARTFORD INSTITUTIONAL TRUST,
ON BEHALF OF ITS FLOATING RATE BANK LOAN SERIES, as a
Lender
|
|||
|
By:
|
Hartford
Investment Management
|
||
|
Company,
|
|||
|
its
Investment Manager
|
|||
|
By:
|
/s/
Adrayll Xxxxx
|
||
|
Name:
|
Adrayll
Xxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HARTFORD LIFE INSURANCE
COMPANY,
as a
Lender
|
|||
|
By:
|
Hartford
Investment Management
|
||
|
Company,
|
|||
|
its
Agent and Attorney-in-Fact
|
|||
|
By:
|
/s/
Adrayll Xxxxx
|
||
|
Name:
|
Adrayll
Xxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
THE HARTFORD MUTUAL FUNDS,
INC., ON BEHALF OF THE HARTFORD FLOATING RATE FUND, as a
Lender
|
|||
|
By:
|
Hartford
Investment Management
|
||
|
Company,
|
|||
|
its
Sub-advisor
|
|||
|
By:
|
/s/
Adrayll Xxxxx
|
||
|
Name:
|
Adrayll
Xxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX’X ISLAND CLO III,
LTD.,
as a
Lender
|
|||
|
By:
|
CypressTree
Investment Management
|
||
|
Company,
Inc.,
|
|||
|
its
Portfolio Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Managing
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX’X ISLAND CLO IV,
LTD.,
as a
Lender
|
|||
|
By:
|
CypressTree
Investment Management
|
||
|
Company,
Inc.,
|
|||
|
its
Portfolio Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Managing
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX’X ISLAND CLO VI,
LTD.,
as a
Lender
|
|||
|
By:
|
CypressTree
Investment Management
|
||
|
Company,
Inc.,
|
|||
|
its
Portfolio Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxx
|
||
|
Title:
|
Managing
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HIGHLAND LOAN FUNDING V
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
HIGHLAND OFFSHORE PARTNERS,
L.P.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX CBNA LOAN FUNDING
LLC,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxx
|
||
|
Title:
|
Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX CANYON FUNDING II,
LTD.,
as a
Lender
|
|||
|
By:
|
INVESCO
Senior Secured Management,
|
||
|
Inc.,
|
|||
|
its
Collateral Manager and Attorney In Fact
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX CANYON FUNDING II
SUBSIDIARY HOLDING COMPANY II LLC,
as a
Lender
|
|||
|
By:
|
INVESCO
Senior Secured Management,
|
||
|
Inc.,
|
|||
|
its
Collateral Manager and Attorney In Fact
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
IKB CAPITAL
CORPORATION,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxx Xxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxx
|
||
|
Title:
|
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ING INTERNATIONAL (II) – SENIOR
BANK LOANS EURO, as a Lender
|
|||
|
By:
|
ING
Investment Management Co.,
|
||
|
its
Investment Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Assistant
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ING INTERNATIONAL (II) – SENIOR
BANK LOANS USD, as a Lender
|
|||
|
By:
|
ING
Investment Management Co.,
|
||
|
its
Investment Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Assistant
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ING INVESTMENT MANAGEMENT CLO
II, LTD., as a Lender
|
|||
|
By:
|
ING
Alternative Asset Management LLC,
|
||
|
its
Investment Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Assistant
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ING INVESTMENT MANAGEMENT CLO
III, LTD., as a Lender
|
|||
|
By:
|
ING
Alternative Asset Management LLC,
|
||
|
its
Investment Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Assistant
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ING INVESTMENT MANAGEMENT CLO
IV, LTD., as a Lender
|
|||
|
By:
|
ING
Alternative Asset Management LLC,
|
||
|
its
Investment Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Assistant
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ING INVESTMENT MANAGEMENT CLO
V, LTD., as a Lender
|
|||
|
By:
|
ING
Alternative Asset Management LLC,
|
||
|
its
Investment Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Assistant
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ING PRIME RATE
TRUST,
as a
Lender
|
|||
|
By:
|
ING
Investment Management Co.,
|
||
|
its
Investment Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Assistant
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ING SENIOR INCOME
FUND,
as a
Lender
|
|||
|
By:
|
ING
Investment Management Co.,
|
||
|
its
Investment Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxx
|
||
|
Title:
|
Assistant
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
INTERPOLIS PENSIOENEN GLOBAL
HIGH YIELD POOL,
as a
Lender
|
|||
|
By:
|
The
Xxxxxx Advisory Company, LLC
|
||
|
By:
|
/s/
Xxxxxx Xxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
INWOOD PARK CDO
LTD.,
as a
Lender
|
|||
|
By:
|
Blackstone
Debt Advisors L.P.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
X. X. XXXXXX WHITEFRIARS
INC.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxxx Xxxxxx
|
||
|
Name:
|
Xxxxxxxx
Xxxxxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
JASPER CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
JEFFERIES FINANCE CP FUNDING
LLC,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx Xxxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxxx
|
||
|
Title:
|
Managing
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
JFIN CLO 2007
LTD.,
as a
Lender
|
|||
|
By:
|
Xxxxxxxx
Finance LLC,
|
||
|
as
Collateral Manager
|
|||
|
By:
|
/s/
Xxxx Xxxxxxxx
|
||
|
Name:
|
Xxxx
Xxxxxxxx
|
||
|
Title:
|
Managing
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
KATONAH V,
LTD.,
as a
Lender
|
|||
|
By:
|
INVESCO
Senior Secured Management,
|
||
|
Inc.,
its Investment Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
KATONAH VII CLO
LTD.,
as a
Lender
|
|||
|
By:
|
Katonah
Debt Advisors, L.L.C.,
|
||
|
its
Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Authorized
Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
KATONAH VIII CLO
LTD.,
as a
Lender
|
|||
|
By:
|
Katonah
Debt Advisors, L.L.C.,
|
||
|
its
Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Authorized
Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
KATONAH IX CLO
LTD.,
as a
Lender
|
|||
|
By:
|
Katonah
Debt Advisors, L.L.C.,
|
||
|
its
Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Authorized
Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
KATONAH X CLO
LTD.,
as a
Lender
|
|||
|
By:
|
Katonah
Debt Advisors, L.L.C.,
|
||
|
its
Manager
|
|||
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxx
Xxxxxxxx
|
||
|
Title:
|
Authorized
Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
KDP ASSET
MANAGEMENT,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxx X. News
|
||
|
Name:
|
Xxxxx
X. News
|
||
|
Title:
|
Senior
Portfolio Manager
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
KENNECOTT FUNDING
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxx
|
||
|
Title:
|
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
KKR FINANCIAL CLO 2005-2,
LIMITED,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxx Xxxxxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
KKR FINANCIAL CLO 2006-1,
LIMITED,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxx Xxxxxxxxx
|
||
|
Name:
|
Xxxxx
Xxxxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LANDMARK IX CDO
LTD.,
as a
Lender
|
|||
|
By:
|
Aladdin
Capital Management LLC
|
||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Associate
Director
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LATITUDE CLO I,
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxxx X. Xxxxxx, III
|
||
|
Name:
|
Xxxxxxxx
X. Xxxxxx, III
|
||
|
Title:
|
CIO
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LATITUDE CLO II,
LTD.,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxxx X. Xxxxxx, III
|
||
|
Name:
|
Xxxxxxxx
X. Xxxxxx, III
|
||
|
Title:
|
CIO
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LCM I LIMITED
PARTNERSHIP,
as a
Lender
|
|||
|
By:
|
Lyon
Capital Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxxx
X. Xxxxx
|
||
|
Title:
|
Portfolio
Manager
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LCM II LIMITED
PARTNERSHIP,
as a
Lender
|
|||
|
By:
|
Lyon
Capital Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxxx
X. Xxxxx
|
||
|
Title:
|
Portfolio
Manager
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LCM III,
LTD.,
as a
Lender
|
|||
|
By:
|
Lyon
Capital Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxxx
X. Xxxxx
|
||
|
Title:
|
Portfolio
Manager
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LCM IV,
LTD.,
as a
Lender
|
|||
|
By:
|
Lyon
Capital Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxxx
X. Xxxxx
|
||
|
Title:
|
Portfolio
Manager
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LCM V,
LTD.,
as a
Lender
|
|||
|
By:
|
Lyon
Capital Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxxx
X. Xxxxx
|
||
|
Title:
|
Portfolio
Manager
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LCM VI,
LTD.,
as a
Lender
|
|||
|
By:
|
Lyon
Capital Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxxx
X. Xxxxx
|
||
|
Title:
|
Portfolio
Manager
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LCM VII,
LTD.,
as a
Lender
|
|||
|
By:
|
Lyon
Capital Management LLC,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
/s/
Xxxxxx X. Xxxxx
|
||
|
Name:
|
Xxxxxx
X. Xxxxx
|
||
|
Title:
|
Portfolio
Manager
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LFC2 LOAN FUNDING
LLC,
as a
Lender
|
|||
|
By:
|
/s/
Xxxxxxxxx Xxxxxxx
|
||
|
Name:
|
Xxxxxxxxx
Xxxxxxx
|
||
|
Title:
|
Attorney-In-Fact
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LIBERTY CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LIME ST. CLO, LTD.,
as a
Lender
|
|||
|
By:
|
/s/
R. Xxx X’Xxxxxx
|
||
|
Name:
|
R.
Xxx X’Xxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LL VICTORY FUNDING
LLC,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx X. Xxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxx
|
||
|
Title:
|
Authorized
Agent
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LMP CORPORATE LOAN FUND,
INC.,
as a
Lender
|
|||
|
By:
|
Citigroup
Alternative Investments LLC
|
||
|
By:
|
/s/
Xxxxx Xxx
|
||
|
Name:
|
Xxxxx
Xxx
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LOAN FUNDING III
LLC,
as a
Lender
|
|||
|
By:
|
Pacific
Investment Management Company,
|
||
|
LLC,
its Investment Advisor
|
|||
|
By:
|
/s/
Xxxxxx Y. D. Xxx
|
||
|
Name:
|
Xxxxxx
Y. D. Ong
|
||
|
Title:
|
Senior
Vice President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LOAN FUNDING IV
LLC,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LOAN FUNDING V,
LLC,
as a
Lender
|
|||
|
By:
|
Prudential
Investment Management,
|
||
|
Inc.,
its Portfolio Manager
|
|||
|
By:
|
/s/
Xxxxxxx X.
|
||
|
Name:
|
Xxxxxxx
X.
|
||
|
Title:
|
Vice
President
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LOAN
FUNDING VI LLC,
FOR ITSELF OR AS AGENT FOR
CORPORATE LOAN FUNDING VI LLC,
as a
Lender
|
|||
|
By:
|
/s/
Xxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxx
X. Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LOAN FUNDING VII
LLC,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LOAN FUNDING IX
LLC,
as a
Lender
|
|||
|
By:
|
INVESCO
Senior Secured Management,
|
||
|
Inc.,
its Portfolio Manager
|
|||
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx
X. Xxxxxxx
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LONE STAR STATE
TRUST,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
|
||
|
its
Collateral Manager
|
|||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
its
General Partner
|
|||
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
||
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
LONG GROVE CLO,
LIMITED,
as a
Lender
|
||
|
By:
|
Deerfield
Capital Management LLC,
|
|
|
its
Collateral Manager
|
||
|
By:
|
/s/
Xxxx X. Xxxxxxxxx
|
|
|
Name:
|
Xxxx
X. Xxxxxxxxx
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MADISON PARK FUNDING
I,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
|
Name:
|
Xxxxxx
Xxxxxxxx
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MADISON PARK FUNDING
II,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
|
Name:
|
Xxxxxx
Xxxxxxxx
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MADISON PARK FUNDING
III,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
|
Name:
|
Xxxxxx
Xxxxxxxx
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MADISON PARK FUNDING
IV,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
|
Name:
|
Xxxxxx
Xxxxxxxx
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MADISON PARK FUNDING
V,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
|
Name:
|
Xxxxxx
Xxxxxxxx
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MADISON PARK FUNDING
VI,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxx
|
|
Name:
|
Xxxxxx
Xxxxxxxx
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MARATHON CLO I
LTD.,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxxxx, Esq., CPA
|
|
Name:
|
Xxxxxx
Xxxxxxxxxx, Esq., CPA
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MARATHON CLO II
LTD.,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxxxx, Esq., CPA
|
|
Name:
|
Xxxxxx
Xxxxxxxxxx, Esq., CPA
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MARATHON FINANCING I
B.V.,
as a
Lender
|
||
|
By:
|
Marathon
Asset Management LLC,
Its
Portfolio Manager and Authorized
Signatory
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxxxx, Esq., CPA
|
|
|
Name:
|
Xxxxxx
Xxxxxxxxxx, Esq., CPA
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MARQUETTE
PARK CLO LTD.
|
||
|
By:
|
Deerfield
Capital Management LLC,
as
its Collateral Manager, as a Lender
|
|
|
By:
|
/s/
Xxxx X. Xxxxxxxxx
|
|
|
Name:
|
Xxxx
X. Xxxxxxxxx
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXX & XXXXXXXX COMPANIES,
INC.
U.S. RETIREMENT PLAN –
HIGH YIELD,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxxx Xxxxxxxx
|
|
Name:
|
Xxxxxxx
Xxxxxxxx
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MAYPORT CLO
LTD.,
as a
Lender
|
||
|
By:
|
Pacific
Investment Management Company
LLC,
as its Investment Advisor
|
|
|
By:
|
/s/
Xxxxxx Y. D. Ong
|
|
|
Name:
|
Xxxxxx
Y. D. Xxx
|
|
|
Title:
|
Senior
Vice President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MIZUHO CORPORATE BANK,
LTD.,
as a
Lender
|
|
|
By:
|
/s/
Xxxx Mo
|
|
Name:
|
Xxxx
Mo
|
|
Title:
|
Senior
Vice President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MONUMENT PARK CDO
LTD.,
as a
Lender
|
||
|
By:
|
Blackstone
Debt Advisors L.P.,
its
Collateral Manager
|
|
|
By:
|
/s/
Xxxx X. Xxxxxxx
|
|
|
Name:
|
Xxxx
X. Xxxxxxx
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX XXXXXXX INVESTMENT
MANAGEMENT CROTON,
LTD.,
as a
Lender
|
||
|
By:
|
Xxxxxx
Xxxxxxx Investment Management
Inc.,
as Collateral Manager
|
|
|
By:
|
/s/
Xxxx Xxxxx
|
|
|
Name:
|
Xxxx
Xxxxx
|
|
|
Title:
|
Executive
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX XXXXXXX PRIME INCOME
TRUST,
as a
Lender
|
||
|
By:
|
Xxxxxx
Xxxxxxx Investment Management
Inc.,
as Investment Advisor
|
|
|
By:
|
/s/
Xxxx Xxxxx
|
|
|
Name:
|
Xxxx
Xxxxx
|
|
|
Title:
|
Executive
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XXXXXX XXXXXXX SENIOR FUNDING,
INC.,
as a
Lender
|
|
|
By:
|
/s/
Xxx X. Xxxxxxx
|
|
Name:
|
Xxx
X. Xxxxxxx
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MOSELLE CLO
S.A.,
as a
Lender
|
||
|
By:
|
INVESCO
Senior Secured Management,
Inc.,
as Collateral Manager
|
|
|
By:
|
/s/
Xxxxx X. Xxxxxxx
|
|
|
Name:
|
Xxxxx
X. Xxxxxxx
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MOUNTAIN VIEW CLO III
LTD.,
as a
Lender
|
||
|
By:
|
Seix
Investment Advisors LLC,
as
Collateral Manager
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxxx
|
|
|
Name:
|
Xxxxxx
Xxxxxxxxx
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MSIM PECONIC BAY,
LTD.,
as a
Lender
|
||
|
By:
|
Xxxxxx
Xxxxxxx Investment Management
Inc.,
as Interim Collateral Manager
|
|
|
By:
|
/s/
Xxxx Xxxxx
|
|
|
Name:
|
Xxxx
Xxxxx
|
|
|
Title:
|
Executive
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
MUZINICH SPC FOR THE ACCOUNT OF
A
MUZINICH EXTRAYIELD $
SEGREGATED
PORTFOLIO,
as a
Lender
|
|
|
By:
|
/s/
Xxxxxx Xxxxxxxxx
|
|
Name:
|
Xxxxxx
Xxxxxxxxx
|
|
Title:
|
Director
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
NANTUCKET CLO I
LTD,
as a
Lender
|
||
|
By:
|
Fortis
Investment Management USA, Inc.,
as
Attorney-in-Fact
|
|
|
By:
|
/s/
Xxxxxx Xxxxxx
|
|
|
Name:
|
Xxxxxx
Xxxxxx
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
NATIXIS,
as a
Lender
|
|
|
By:
|
/s/
Xxxxx X. Xxxxxxx, III
|
|
Name:
|
Xxxxx
X. Xxxxxxx, III
|
|
Title:
|
Managing
Director
|
|
By:
|
/s/
Daniel Payer
|
|
Name:
|
Daniel
Payer
|
|
Title:
|
Director
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
NAUTIQUE FUNDING
LTD.,
as a
Lender
|
||
|
By:
|
INVESCO
Senior Secured Management,
Inc.,
as Collateral Manager
|
|
|
By:
|
/s/
Peter C. Wollman
|
|
|
Name:
|
Peter
C. Wollman
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
NAVIGARE FUNDING I CLO
LTD,
as a
Lender
|
||
|
By:
|
Navigare
Partners LLC,
as
Collateral Manager
|
|
|
By:
|
/s/
Joel G. Serebransky
|
|
|
Name:
|
Joel
G. Serebransky
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
NAVIGARE FUNDING II CLO
LTD,
as a
Lender
|
||
|
By:
|
Navigare
Partners LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Joel G. Serebransky
|
|
|
Name:
|
Joel
G. Serebransky
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
NAVIGARE FUNDING III CLO
LTD,
as a
Lender
|
||
|
By:
|
Navigare
Partners LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Joel G. Serebransky
|
|
|
Name:
|
Joel
G. Serebransky
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
NCRAM LOAN
TRUST,
as a
Lender
|
|
|
By:
|
/s/
Robert Hoffman
|
|
Name:
|
Robert
Hoffman
|
|
Title:
|
Director
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
NCRAM SENIOR LOAN TRUST
2005,
as a
Lender
|
|
|
By:
|
/s/
Robert Hoffman
|
|
Name:
|
Robert
Hoffman
|
|
Title:
|
Director
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
NEPTUNE FINANCE CCS,
LTD.,
as a
Lender
|
||
|
By:
|
Gulf
Stream Asset Management LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Mark D. Abrahm
|
|
|
Name:
|
Mark
D. Abrahm
|
|
|
Title:
|
Head
Trader
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
NOB HILL CLO II,
LIMITED,
as a
Lender
|
|
|
By:
|
/s/
Bradley Kane
|
|
Name:
|
Bradley
Kane
|
|
Title:
|
Portfolio
Manager
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
NOMURA BOND & LOAN
FUND,
as a
Lender
|
|
|
By:
|
/s/
Robert Hoffman
|
|
Name:
|
Robert
Hoffman
|
|
Title:
|
Director
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
NZC OPPORTUNITIES (FUNDING) II
LIMITED,
as a
Lender
|
|
|
By:
|
/s/
Kaitlin Trinh
|
|
Name:
|
Kaitlin
Trinh
|
|
Title:
|
Director
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
OAK HILL CREDIT PARTNERS II,
LIMITED,
as a
Lender
|
||
|
By:
|
Oak
Hill CLO Management II, LLC,
its
Investment Manager
|
|
|
By:
|
/s/
Scott D. Krase
|
|
|
Name:
|
Scott
D. Krase
|
|
|
Title:
|
Authorized
Person
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
OAK HILL CREDIT PARTNERS III,
LIMITED,
as a
Lender
|
||
|
By:
|
Oak
Hill CLO Management III, LLC,
its
Investment Manager
|
|
|
By:
|
/s/
Scott D. Krase
|
|
|
Name:
|
Scott
D. Krase
|
|
|
Title:
|
Authorized
Person
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
OAK HILL CREDIT PARTNERS IV,
LIMITED,
as a
Lender
|
||
|
By:
|
Oak
Hill CLO Management IV, LLC,
its
Investment Manager
|
|
|
By:
|
/s/
Scott D. Krase
|
|
|
Name:
|
Scott
D. Krase
|
|
|
Title:
|
Authorized
Person
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
OAK HILL CREDIT PARTNERS V,
LIMITED,
as a
Lender
|
||
|
By:
|
Oak
Hill CLO Management V, LLC,
its
Investment Manager
|
|
|
By:
|
/s/
Scott D. Krase
|
|
|
Name:
|
Scott
D. Krase
|
|
|
Title:
|
Authorized
Person
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
OCEAN TRAILS CLO
I,
as a
Lender
|
||
|
By:
|
West
Gate Horizons Advisors LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Robert D. Cohen
|
|
|
Name:
|
Robert
D. Cohen
|
|
|
Title:
|
Senior
Credit Analyst
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
OCEAN TRAILS CLO
II,
as a
Lender
|
||
|
By:
|
West
Gate Horizons Advisors LLC,
its
Investment Manager
|
|
|
By:
|
/s/
Robert D. Cohen
|
|
|
Name:
|
Robert
D. Cohen
|
|
|
Title:
|
Senior
Credit Analyst
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
OHA PARK AVENUE CLO I,
LTD.,
as a
Lender
|
||
|
By:
|
Oak
Hill Advisors, L.P.,
its
Investment Manager
|
|
|
By:
|
/s/
Scott D. Krase
|
|
|
Name:
|
Scott
D. Krase
|
|
|
Title:
|
Authorized
Person
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ONE WALL STREET CLO II
LTD.,
as a
Lender
|
|
|
By:
|
/s/
Dean Stephan
|
|
Name:
|
Dean
Stephan
|
|
Title:
|
Managing
Director
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
OPPENHEIMER MASTER LOAN FUND,
LLC,
as a
Lender
|
|
|
By:
|
/s/
Lisa Chaffee
|
|
Name:
|
Lisa
Chaffee
|
|
Title:
|
Assistant
Vice President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
OPPENHEIMER SENIOR FLOATING
RATE FUND, LLC,
as a
Lender
|
|
|
By:
|
/s/
Lisa Chaffee
|
|
Name:
|
Lisa
Chaffee
|
|
Title:
|
Assistant
Vice President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ORIX FINANCE
CORP.,
as a
Lender
|
|
|
By:
|
/s/
Christopher L. Smith
|
|
Name:
|
Christopher
L. Smith
|
|
Title:
|
Authorized
Representative
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PENNANT PARK INVESTMENT
CORPORATION,
as a
Lender
|
|
|
By:
|
/s/
Arthur H. Penn
|
|
Name:
|
Arthur
H. Penn
|
|
Title:
|
CEO
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PETRUSSE EUROPEAN CLO
S.A.,
as a
Lender
|
||
|
By:
|
INVESCO
Senior Secured Management,
|
|
|
Inc.,
its Collateral Manager
|
||
|
By:
|
/s/
Peter C. Wollman
|
|
|
Name:
|
Peter
C. Wollman
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PORTOLA CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Pacific
Investment Management Company
LLC,
its Investment Advisor
|
|
|
By:
|
/s/
Arthur Y. D. Ong
|
|
|
Name:
|
Arthur
Y. D. Ong
|
|
|
Title:
|
Senior
Vice President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PRIMUS CLO
II,
as a
Lender
|
|
|
By:
|
/s/
Don Young
|
|
Name:
|
Don
Young
|
|
Title:
|
Senior
Portfolio Manager
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PROSPERO CLO I
BV,
as a
Lender
|
|
|
By:
|
/s/
John T. Spellman
|
|
Name:
|
John
T. Spellman
|
|
Title:
|
Attorney-In-Fact
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ACCT# 2SR – CBO I, THE PUTNAM
ADVISORY COMPANY, LLC, ON
BEHALF
OF PUTNAM CBO II,
LTD.,
as a
Lender
|
|
|
By:
|
/s/
Suzanne Deshaies
|
|
Name:
|
Suzanne
Deshaies
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ACCT# 3GU – CBO III, THE PUTNAM
ADVISORY COMPANY, LLC, ON
BEHALF
OF ML CBO XXVI (CAYMAN),
LTD.,
as a
Lender
|
|
|
By:
|
/s/
Suzanne Deshaies
|
|
Name:
|
Suzanne
Deshaies
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ACCT# 256 – ASSET BALANCE,
PUTNAM ASSET
ALLOCATION FUND: BALANCED
PORTFOLIO,
as a
Lender
|
||
|
By:
|
Putnam
Investment Management, LLC
|
|
|
By:
|
/s/
Suzanne Deshaies
|
|
|
Name:
|
Suzanne
Deshaies
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PUTNAM BANK LOAN FUND (CAYMAN)
MASTER FUND, A SERIES OF THE
PUTNAM
OFFSHORE MASTER SERIES
TRUST,
as a
Lender
|
||
|
By:
|
The
Putnam Advisory Company, LLC
|
|
|
By:
|
/s/
Angela Patel
|
|
|
Name:
|
Angela
Patel
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PUTNAM DIVERSIFIED INCOME
TRUST,
as a
Lender
|
|
|
By:
|
/s/
Beth Mazor
|
|
Name:
|
Beth
Mazor
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PUTNAM DIVERSIFIED INCOME TRUST
(CAYMAN) MASTER
FUND,
as a
Lender
|
||
|
By:
|
The
Putnam Advisory Company, LLC
|
|
|
By:
|
/s/
Angela Patel
|
|
|
Name:
|
Angela
Patel
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PUTNAM FLOATING RATE INCOME
FUND,
as a
Lender
|
|
|
By:
|
/s/
Beth Mazor
|
|
Name:
|
Beth
Mazor
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ACCT# 644 – INCOME FUND, PUTNAM
FUNDS TRUST, ON BEHALF OF ITS
SERIES,
PUTNAM INCOME
FUND,
as a
Lender
|
||
|
By:
|
Putnam
Investment Management, LLC
|
|
|
By:
|
/s/
Suzanne Deshaies
|
|
|
Name:
|
Suzanne
Deshaies
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PUTNAM HIGH YIELD ADVANTAGE
FUND,
as a
Lender
|
|
|
By:
|
/s/
Beth Mazor
|
|
Name:
|
Beth
Mazor
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PUTNAM HIGH YIELD
TRUST,
as a
Lender
|
|
|
By:
|
/s/
Beth Mazor
|
|
Name:
|
Beth
Mazor
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ACCT# – ASSET CONSERVATIVE,
PUTNAM
INVESTMENT MANAGEMENT LLC, ON
BEHALF OF ITS SERIES, ASSET
ALLOCATION
CONSERVATIVE,
as a
Lender
|
||
|
By:
|
Putnam
Investment Management, LLC
|
|
|
By:
|
/s/
Suzanne Deshaies
|
|
|
Name:
|
Suzanne
Deshaies
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ACCT# 2QM – ASSET GROWTH,
PUTNAM
INVESTMENT MANAGEMENT LLC, ON
BEHALF OF ITS SERIES, ASSET
ALLOCATION
GROWTH,
as a
Lender
|
||
|
By:
|
Putnam
Investment Management, LLC
|
|
|
By:
|
/s/
Suzanne Deshaies
|
|
|
Name:
|
Suzanne
Deshaies
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ACCT# 7HK – SEASON SERIES
TRUST,
PUTNAM INVESTMENT MANAGEMENT,
LLC, ON BEHALF OF ITS SEASONS
SERIES
TRUST (SUN AMERICA) – ASSET
ALLOCATION:
DIVERSIFIED GROWTH
PORTFOLIO,
as a
Lender
|
|
|
By:
|
/s/
Suzanne Deshaies
|
|
Name:
|
Suzanne
Deshaies
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PUTNAM MASTER INTERMEDIATE
INCOME TRUST,
as a
Lender
|
|
|
By:
|
/s/
Beth Mazor
|
|
Name:
|
Beth
Mazor
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PUTNAM PREMIER INCOME
TRUST,
as a
Lender
|
|
|
By:
|
/s/
Beth Mazor
|
|
Name:
|
Beth
Mazor
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PUTNAM VARIABLE TRUST – PVT
DIVERSIFIED INCOME
FUND,
as a
Lender
|
|
|
By:
|
/s/
Beth Mazor
|
|
Name:
|
Beth
Mazor
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
PUTNAM VARIABLE TRUST – PVT
HIGH YIELD FUND,
as a
Lender
|
|
|
By:
|
/s/
Beth Mazor
|
|
Name:
|
Beth
Mazor
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
QUALCOMM GLOBAL TRADING,
INC.,
as a
Lender
|
||
|
By:
|
Morgan
Stanley Investment Management,
Inc.,
as Investment Manager
|
|
|
By:
|
/s/
John Hayes
|
|
|
Name:
|
John
Hayes
|
|
|
Title:
|
Executive
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
RACE POINT II CLO,
LIMITED,
as a
Lender
|
||
|
By:
|
Sankaty
Advisors, LLC,
as
Collateral Manager
|
|
|
By:
|
/s/
Alan K. Halfenger
|
|
|
Name:
|
Alan
K. Halfenger
|
|
|
Title:
|
Chief
Compliance Officer/
|
|
|
Assistant
Secretary
|
||
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
RACE POINT III CLO,
LIMITED,
as a
Lender
|
||
|
By:
|
Sankaty
Advisors, LLC,
as
Collateral Manager
|
|
|
By:
|
/s/
Alan K. Halfenger
|
|
|
Name:
|
Alan
K. Halfenger
|
|
|
Title:
|
Chief
Compliance Officer/
|
|
|
Assistant
Secretary
|
||
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
RACE POINT IV CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Sankaty
Advisors, LLC,
as
Collateral Manager
|
|
|
By:
|
/s/
Alan K. Halfenger
|
|
|
Name:
|
Alan
K. Halfenger
|
|
|
Title:
|
Chief
Compliance Officer/
|
|
|
Assistant
Secretary
|
||
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
RAMPART CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Stone
Tower Debt Advisors LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Michael W. Delpercio
|
|
|
Name:
|
Michael
W. Delpercio
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
RAMPART CLO 2007,
LTD.,
as a
Lender
|
|||
|
By: |
Stone
Tower Debt Advisors LLC,
its
Collateral Manager
|
||
|
By:
|
/s/
Michael W. Delpercio
|
||
|
Name:
|
Michael
W. Delpercio
|
||
|
Title:
|
Authorized
Signatory
|
||
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
RAYMOND JAMES BANK,
FSB,
as a
Lender
|
|
|
By:
|
/s/
Garrett McKinnon
|
|
Name:
|
Garrett
McKinnon
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
RED RIVER CLO
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
its
Collateral Manager
|
||
|
By:
|
Strand
Advisors, Inc.,
|
||
|
its
General Partner
|
|||
|
By:
|
/s/
Michael Pusateri
|
||
|
Name:
|
Michael
Pusateri
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
REGATTA FUNDING
LTD.,
as a
Lender
|
||
|
By:
|
Citigroup
Alternative Investments LLC,
its
Attorney-in-Fact
|
|
|
By:
|
/s/
Roger Yee
|
|
|
Name:
|
Roger
Yee
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
RELATASI CAPITAL
LIMITED,
as a
Lender
|
||
|
By:
|
Goldman
Sachs Asset Management, L.P.,
its
Investment Advisor
|
|
|
By:
|
/s/
John Mack
|
|
|
Name:
|
John
Mack
|
|
|
Title:
|
||
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
RIDGEWORTH FUNDS – SEIX
FLOATING
RATE HIGH INCOME
FUND,
as a
Lender
|
||
|
By:
|
Seix
Investment Advisors LLC,
as
Subadvisor
|
|
|
By:
|
/s/
George Goudelias
|
|
|
Name:
|
George
Goudelias
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
RIVERSIDE PARK CLO,
LTD.,
as a
Lender
|
||
|
By:
|
GSO
Debt Funds Management LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Dean T. Criares
|
|
|
Name:
|
Dean
T. Criares
|
|
|
Title:
|
Senior
Managing Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
RIVERSOURCE BOND SERIES, INC. –
RIVERSOURCE FLOATING RATE
FUND,
as a
Lender
|
|
|
By:
|
/s/
Robin C. Stancil
|
|
Name:
|
Robin
C. Stancil
|
|
Title:
|
Assistant
Vice President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
RIVERSOURCE STRATEGIC
ALLOCATION
SERIES, INC. – RIVERSOURCE
STRATEGIC
INCOME ALLOCATION
FUND,
as a
Lender
|
|
|
By:
|
/s/
Robin C. Stancil
|
|
Name:
|
Robin
C. Stancil
|
|
Title:
|
Assistant
Vice President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ROCKWALL CDO
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
its
Collateral Manager
|
||
|
By:
|
Strand
Advisors, Inc.,
its
General Partner
|
||
|
By:
|
/s/
Michael Pusateri
|
||
|
Name:
|
Michael
Pusateri
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ROCKWALL CLO II
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
its
Collateral Manager
|
||
|
By:
|
Strand
Advisors, Inc.,
its
General Partner
|
||
|
By:
|
/s/
Michael Pusateri
|
||
|
Name:
|
Michael
Pusateri
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ROSEDALE CLO
LTD.,
as a
Lender
|
||
|
By:
|
Princeton
Advisory Group, Inc.,
as
Collateral Manager
|
|
|
By:
|
/s/
Anna L. Chin
|
|
|
Name:
|
Anna
L. Chin
|
|
|
Title:
|
Senior
Analyst
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SAGAMORE CLO
LTD.,
as a
Lender
|
||
|
By:
|
INVESCO
Senior Secured Management,
Inc.,
its Collateral Manager
|
|
|
By:
|
/s/
Peter C. Wollman
|
|
|
Name:
|
Peter
C. Wollman
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SANKATY HIGH YIELD PARTNERS II,
L.P.,
as a
Lender
|
|
|
By:
|
/s/
Alan K. Halfenger
|
|
Name:
|
Alan
K. Halfenger
|
|
Title:
|
Chief
Compliance Officer/
|
|
Assistant
Secretary
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SAPPHIRE VALLEY CDO I,
LTD.,
as a
Lender
|
||
|
By:
|
Babson
Capital Management LLC,
as
Collateral Manager
|
|
|
By:
|
/s/
Geoffrey Takacs
|
|
|
Name:
|
Geoffrey
Takacs
|
|
|
Title:
|
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SARATOGA CLO I,
LIMITED,
as a
Lender
|
||
|
By: |
INVESCO
Senior Secured Management,
Inc.,
its Asset Manager
|
|
|
By:
|
/s/
Peter C. Wollman
|
|
|
Name:
|
Peter
C. Wollman
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SCHILLER PARK CLO
LTD.,
as a
Lender
|
||
|
By:
|
Deerfield
Capital Management LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Mark E. Wittnebel
|
|
|
Name:
|
Mark
E. Wittnebel
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SCOTIABANC
INC.,
as a
Lender
|
|
|
By:
|
/s/
J. F. Todd
|
|
Name:
|
J.
F. Todd
|
|
Title:
|
Managing
Director
|
|
By:
|
/s/
R. Blackwood
|
|
Name:
|
R.
Blackwood
|
|
Title:
|
Director
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SCOTIABANC (IRELAND)
LTD.,
as a
Lender
|
|
|
By:
|
/s/
Neam Ahmed
|
|
Name:
|
Neam
Ahmed
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SENIOR LOAN
PORTFOLIO,
as a
Lender
|
|
|
By:
|
/s/
AnnMarie Smith
|
|
Name:
|
AnnMarie
Smith
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SF-3 SEGREGATED PORTFOLIO, A
SEGREGATED PORTFOLIO OF
SHIPROCK
FINANCE, SPC, FOR WHICH
SHIPROCK
FINANCE, SPC IS ACTING ON
BEHALF OF
AND FOR THE ACCOUNT OF SF-3
SEGREGATED
PORTFOLIO,
as a
Lender
|
|
|
By:
|
/s/
Sean Bresnahan
|
|
Name:
|
Sean
Bresnaham
|
|
Title:
|
Attorney
In Fact
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SFR, LTD.,
as a
Lender
|
||
|
By: |
Four
Corners Capital Management LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Matt O’Mara
|
|
|
Name:
|
Matt
O’Mara
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SIEMENS FINANCIAL SERVICES,
INC.,
as a
Lender
|
|
|
By:
|
/s/
David Kantes
|
|
Name:
|
David
Kantes
|
|
Title:
|
Senior
Vice President/Chief Risk Officer
|
|
By:
|
/s/
Todd W. Tucker
|
|
Name:
|
Todd
W. Tucker
|
|
Title:
|
Vice
President – Operations
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SMBC MVI
SPC,
as a
Lender
|
||
|
By: |
Oak
Hill Separate Account Management I,
LLC,
its Investment Manager
|
|
|
By:
|
/s/
Scott D. Krase
|
|
|
Name:
|
Scott
D. Krase
|
|
|
Title:
|
Authorized
Person
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SOLUS CORE OPPORTUNITIES MASTER
FUND LTD.,
as a
Lender
|
|
|
By:
|
/s/
Chris Pucillo
|
|
Name:
|
Chris
Pucillo
|
|
Title:
|
Director
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SOUTHFORK CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
its
Collateral Manager
|
||
|
By:
|
Strand
Advisors, Inc.,
its
General Partner
|
||
|
By:
|
/s/
Michael Pusateri
|
||
|
Name:
|
Michael
Pusateri
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SOUTHPORT CLO,
LIMITED,
as a
Lender
|
||
|
By:
|
Pacific
Investment Management Company
LLC,
as its Investment Adviser
|
|
|
By:
|
/s/
Arthur Y. D. Ong
|
|
|
Name:
|
Arthur
Y. D. Ong
|
|
|
Title:
|
Senior
Vice President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SSS FUNDING
II,
as a
Lender
|
||
|
By:
|
Sankaty
Advisors, LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Alan K. Halfenger
|
|
|
Name:
|
Alan
K. Halfenger
|
|
|
Title:
|
Chief
Compliance Officer/
|
|
|
Assistant
Secretary
|
||
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SSSI CBNA LOAN FUNDING
LLC,
as a
Lender
|
|
|
By:
|
/s/
Valerie Opperman
|
|
Name:
|
Valerie
Opperman
|
|
Title:
|
Attorney-In-Fact
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STANFIELD ARNAGE CLO
LTD.,
as a
Lender
|
||
|
By:
|
Stanfield
Capital Partners, LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Christopher Jansen
|
|
|
Name:
|
Christopher
Jansen
|
|
|
Title:
|
Managing
Partner
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STANFIELD AZURE CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Stanfield
Capital Partners, LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Christopher Jansen
|
|
|
Name:
|
Christopher
Jansen
|
|
|
Title:
|
Managing
Partner
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STANFIELD BRISTOL CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Stanfield
Capital Partners, LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Christopher Jansen
|
|
|
Name:
|
Christopher
Jansen
|
|
|
Title:
|
Managing
Partner
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STANFIELD CARRERA CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Stanfield
Capital Partners, LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Christopher Jansen
|
|
|
Name:
|
Christopher
Jansen
|
|
|
Title:
|
Managing
Partner
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STANFIELD DAYTONA CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Stanfield
Capital Partners, LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Christopher Jansen
|
|
|
Name:
|
Christopher
Jansen
|
|
|
Title:
|
Managing
Partner
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STANFIELD McLAREN CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Stanfield
Capital Partners, LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Christopher Jansen
|
|
|
Name:
|
Christopher
Jansen
|
|
|
Title:
|
Managing
Partner
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STANFIELD MODENA CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Stanfield
Capital Partners, LLC,
its
Asset Manager
|
|
|
By:
|
/s/
Christopher Jansen
|
|
|
Name:
|
Christopher
Jansen
|
|
|
Title:
|
Managing
Partner
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STANFIELD VANTAGE CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Stanfield
Capital Partners, LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Christopher Jansen
|
|
|
Name:
|
Christopher
Jansen
|
|
|
Title:
|
Managing
Partner
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STANFIELD VEYRON CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Stanfield
Capital Partners, LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Christopher Jansen
|
|
|
Name:
|
Christopher
Jansen
|
|
|
Title:
|
Managing
Partner
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STATE BANK OF INDIA, LOS
ANGELES AGENCY,
as a
Lender
|
|
|
By:
|
/s/
K. S. S. Naidu
|
|
Name:
|
K.
S. S. Naidu
|
|
Title:
|
Vice
President (Cr. & Ops.)
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STEDMAN LOAN FUND II,
LTD.,
as a
Lender
|
|
|
By:
|
/s/
Valerie Opperman
|
|
Name:
|
Valerie
Opperman
|
|
Title:
|
Attorney-In-Fact
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STERLING FARMS FUNDING,
INC.,
as a
Lender
|
|
|
By:
|
/s/
Kristi Milton
|
|
Name:
|
Kristi
Milton
|
|
Title:
|
Assistant
Vice President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STONE TOWER CLO III
LTD.,
as a
Lender
|
||
|
By:
|
Stone
Tower Debt Advisors LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Michael W. Delpercio
|
|
|
Name:
|
Michael
W. Delpercio
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STONE TOWER CLO IV
LTD.,
as a
Lender
|
||
|
By:
|
Stone
Tower Debt Advisors LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Michael W. Delpercio
|
|
|
Name:
|
Michael
W. Delpercio
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STONE TOWER CLO V
LTD.,
as a
Lender
|
||
|
By:
|
Stone
Tower Debt Advisors LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Michael W. Delpercio
|
|
|
Name:
|
Michael
W. Delpercio
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STONE TOWER CLO VI
LTD.,
as a
Lender
|
||
|
By:
|
Stone
Tower Debt Advisors LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Michael W. Delpercio
|
|
|
Name:
|
Michael
W. Delpercio
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STONE TOWER CLO VII
LTD.,
as a
Lender
|
||
|
By:
|
Stone
Tower Debt Advisors LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Michael W. Delpercio
|
|
|
Name:
|
Michael
W. Delpercio
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STONE TOWER CLO VIII
LTD.,
as a
Lender
|
||
|
By:
|
Stone
Tower Debt Advisors LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Michael W. Delpercio
|
|
|
Name:
|
Michael
W. Delpercio
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STONE TOWER CREDIT FUNDING I
LTD.,
as a
Lender
|
||
|
By:
|
Stone
Tower Fund Management LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Michael W. Delpercio
|
|
|
Name:
|
Michael
W. Delpercio
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STONEY LANE FUNDING I
LTD.,
as a
Lender
|
||
|
By:
|
HillMark
Capital Management, L.P.,
its
Collateral Manager
|
|
|
By:
|
/s/
Kevin Cuskley
|
|
|
Name:
|
Kevin
Cuskley
|
|
|
Title:
|
Senior
Portfolio Manager
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
STRATFORD CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
its
Collateral Manager
|
||
|
By:
|
Strand
Advisors, Inc.,
its
General Partner
|
||
|
By:
|
/s/
Michael Pusateri
|
||
|
Name:
|
Michael
Pusateri
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
THE SUMITOMO TRUST &
BANKING CO.
LTD., NEW YORK
BRANCH,
as a
Lender
|
|
|
By:
|
/s/
Elizabeth Quirk
|
|
Name:
|
Elizabeth
Quirk
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SUNAMERICA SENIOR FLOATING RATE
FUND, INC.,
as a
Lender
|
||
|
By:
|
AIG
Global Investment Corp.,
its
Investment Sub-Advisor
|
|
|
By:
|
/s/
Chang W. Chung
|
|
|
Name:
|
Chang
W. Chung
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SYMPHONY CLO
III,
as a
Lender
|
||
|
By:
|
Symphony
Asset Management, LLC
|
|
|
By:
|
/s/
Lenny Mason
|
|
|
Name:
|
Lenny
Mason
|
|
|
Title:
|
Portfolio
Manager
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SYMPHONY CLO
IV,
as a
Lender
|
||
|
By:
|
Symphony
Asset Management, LLC
|
|
|
By:
|
/s/
Lenny Mason
|
|
|
Name:
|
Lenny
Mason
|
|
|
Title:
|
Portfolio
Manager
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SYMPHONY CLO
V,
as a
Lender
|
||
|
By:
|
Symphony
Asset Management, LLC
|
|
|
By:
|
/s/
Lenny Mason
|
|
|
Name:
|
Lenny
Mason
|
|
|
Title:
|
Portfolio
Manager
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
SYMPHONY CREDIT OPPORTUNITIES
FUND,
as a
Lender
|
||
|
By:
|
Symphony
Asset Management, LLC
|
|
|
By:
|
/s/
Lenny Mason
|
|
|
Name:
|
Lenny
Mason
|
|
|
Title:
|
Portfolio
Manager
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
TRIBECA PARK CLO
LTD.,
as a
Lender
|
||
|
By:
|
GSO
Debt Funds Management LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Sanjai Bhonsle
|
|
|
Name:
|
Sanjai
Bhonsle
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
TRITON INSURANCE
COMPANY,
as a
Lender
|
||
|
By:
|
Conning
Asset Management Company,
an
Investment Manager
|
|
|
By:
|
/s/
David M. Amaral
|
|
|
Name:
|
David
M. Amaral
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
TURNBERRY FUNDING,
LLC,
as a
Lender
|
|
|
By:
|
/s/
Adam Jacobs
|
|
Name:
|
Adam
Jacobs
|
|
Title:
|
Attorney-in-Fact
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
UBS AG, STAMFORD
BRANCH,
as a
Lender
|
|
|
By:
|
/s/
Douglas Gervolino
|
|
Name:
|
Douglas
Gervolino
|
|
Title:
|
Director,
Banking Products Services, US
|
|
By:
|
/s/
Leslie Evans
|
|
Name:
|
Leslie
Evans
|
|
Title:
|
Associate
Director, Banking Product
|
|
Services,
US
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
UNION SQUARE CDO
LTD.,
as a
Lender
|
||
|
By:
|
Blackstone
Debt Advisors L.P.,
an
Collateral Manager
|
|
|
By:
|
/s/
Dean T. Criares
|
|
|
Name:
|
Dean
T. Criares
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
U.S. BANK NATIONAL
ASSOCIATION,
as a
Lender
|
|
|
By:
|
/s/
Mark E. Thompson
|
|
Name:
|
Mark
E. Thompson
|
|
Title:
|
Senior
Vice President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VAN KAMPEN SENIOR INCOME
TRUST,
as a
Lender
|
||
|
By:
|
Van
Kampen Asset Management
|
|
|
By:
|
/s/
Jeffrey M. Scott
|
|
|
Name:
|
Jeffrey
M. Scott
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VAN KAMPEN SENIOR LOAN
FUND,
as a
Lender
|
||
|
By:
|
Van
Kampen Asset Management
|
|
|
By:
|
/s/
Jeffrey M. Scott
|
|
|
Name:
|
Jeffrey
M. Scott
|
|
|
Title:
|
Vice
President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VENTURE II CDO 2002,
LIMITED,
as a
Lender
|
||
|
By:
|
MJX
Asset Management LLC,
its
Investment Advisor
|
|
|
By:
|
/s/
John P. Calaba
|
|
|
Name:
|
John
P. Calaba
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VENTURE III CDO
LIMITED,
as a
Lender
|
||
|
By:
|
MJX
Asset Management LLC,
its
Investment Advisor
|
|
|
By:
|
/s/
John P. Calaba
|
|
|
Name:
|
John
P. Calaba
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VENTURE IV CDO
LIMITED,
as a
Lender
|
||
|
By:
|
MJX
Asset Management LLC,
its
Investment Advisor
|
|
|
By:
|
/s/
John P. Calaba
|
|
|
Name:
|
John
P. Calaba
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VENTURE V CDO
LIMITED,
as a
Lender
|
||
|
By:
|
MJX
Asset Management LLC,
its
Investment Advisor
|
|
|
By:
|
/s/
John P. Calaba
|
|
|
Name:
|
John
P. Calaba
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VENTURE VI CDO
LIMITED,
as a
Lender
|
||
|
By:
|
MJX
Asset Management LLC,
its
Investment Advisor
|
|
|
By:
|
/s/
John P. Calaba
|
|
|
Name:
|
John
P. Calaba
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VENTURE VII CDO
LIMITED,
as a
Lender
|
||
|
By:
|
MJX
Asset Management LLC,
its
Investment Advisor
|
|
|
By:
|
/s/
John P. Calaba
|
|
|
Name:
|
John
P. Calaba
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VENTURE VIII CDO
LIMITED,
as a
Lender
|
||
|
By:
|
MJX
Asset Management LLC,
its
Investment Advisor
|
|
|
By:
|
/s/
John P. Calaba
|
|
|
Name:
|
John
P. Calaba
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VERITAS CLO I
LTD.,
as a
Lender
|
|
|
By:
|
/s/
John T. Spellman
|
|
Name:
|
John
T. Spellman
|
|
Title:
|
Attorney-In-Fact
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VERITAS CLO II
LTD.,
as a
Lender
|
|
|
By:
|
/s/
John T. Spellman
|
|
Name:
|
John
T. Spellman
|
|
Title:
|
Attorney-In-Fact
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
KEPAM FOR VERONICA ATKINS
MARITAL TRUST,
as a
Lender
|
|
|
By:
|
/s/
Kathy A. News
|
|
Name:
|
Kathy
A. News
|
|
Title:
|
Senior
Portfolio Manager
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VINACASA CLO,
LTD.,
as a
Lender
|
||
|
By:
|
Babson
Capital Management LLC,
as
Collateral Manager
|
|
|
By:
|
/s/
Geoffrey Takacs
|
|
|
Name:
|
Geoffrey
Takacs
|
|
|
Title:
|
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
VISTA LEVERAGED INCOME
FUND,
as a
Lender
|
||
|
By:
|
MJX
Asset Management LLC,
its
Investment Advisor
|
|
|
By:
|
/s/
John P. Calaba
|
|
|
Name:
|
John
P. Calaba
|
|
|
Title:
|
Managing
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
WACHOVIA BANK,
N.A.,
as a
Lender
|
|
|
By:
|
/s/
Gerald Luff
|
|
Name:
|
Gerald
Luff
|
|
Title:
|
Vice
President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
WASATCH CLO
LTD.,
as a
Lender
|
||
|
By:
|
INVESCO
Senior Secured Management,
Inc.,
as Portfolio Manager
|
|
|
By:
|
/s/
Peter C. Wollman
|
|
|
Name:
|
Peter
C. Wollman
|
|
|
Title:
|
Authorized
Signatory
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
WAVE CBNA LOAN FUNDING
LLC,
as a
Lender
|
|
|
By:
|
/s/
Molly Walter
|
|
Name:
|
Molly
Walter
|
|
Title:
|
Attorney-In-Fact
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
WAVELAND – INGOTS,
LTD.,
as a
Lender
|
||
|
By:
|
Pacific
Investment Management Company
LLC,
its Investment Advisor
|
|
|
By:
|
/s/
Arthur Y. D. Ong
|
|
|
Name:
|
Arthur
Y. D. Ong
|
|
|
Title:
|
Senior
Vice President
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
WB LOAN FUNDING 2,
LLC,
as a
Lender
|
|
|
By:
|
/s/
Heather M. Jousma
|
|
Name:
|
Heather
M. Jousma
|
|
Title:
|
Authorized
Signatory
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
WELLS FARGO BANK,
N.A.,
as a
Lender
|
|
|
By:
|
/s/
Derek A. Flowers
|
|
Name:
|
Derek
A. Flowers
|
|
Title:
|
Senior
Vice President
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
WESTCHESTER CLO,
LTD.,
as a
Lender
|
|||
|
By:
|
Highland
Capital Management, L.P.,
its
Collateral Manager
|
||
|
By:
|
Strand
Advisors, Inc.,
its
General Partner
|
||
|
By:
|
/s/
Michael Pusateri
|
||
|
Name:
|
Michael
Pusateri
|
||
|
Title:
|
Chief
Operating Officer
|
||
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
WG HORIZONS CLO
I,
as a
Lender
|
||
|
By:
|
West
Gate Horizons Advisors LLC,
its
Manager
|
|
|
By:
|
/s/
Robert D. Cohen
|
|
|
Name:
|
Robert
D. Cohen
|
|
|
Title:
|
Senior
Credit Analyst
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
XL RE EUROPE
LIMITED,
as a
Lender
|
||
|
By:
|
Stanfield
Capital Partners, LLC,
its
Collateral Manager
|
|
|
By:
|
/s/
Christopher Jansen
|
|
|
Name:
|
Christopher
Jansen
|
|
|
Title:
|
Managing
Partner
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ZODIAC FUND – MORGAN STANLEY US
SENIOR LOAN
FUND,
as a
Lender
|
||
|
By:
|
Morgan
Stanley Investment Management
Inc.,
as Investment Advisor
|
|
|
By:
|
/s/
John Hayes
|
|
|
Name:
|
John
Hayes
|
|
|
Title:
|
Executive
Director
|
|
SIGNATURE
PAGE TO FIRST AMENDMENT TO TERM LOAN CREDIT
AGREEMENT
REAFFIRMATION
OF GUARANTIES
By signing
below, each Guarantor (a) acknowledges, consents and agrees to the
execution, delivery and performance by the Borrower of this Amendment,
(b) acknowledges and agrees that its obligations in respect of its
Guaranty are not released, diminished, waived, modified, impaired or
affected in any manner by this Amendment or any of the provisions contemplated
herein, (c) ratifies and confirms its obligations under its Guaranty, and
(d) acknowledges and agrees that it has no claims or offsets against, or
defenses or counterclaims to, its Guaranty.
|
GUARANTOR:
WESTERN
REFINING COMPANY, L.P.
a
Delaware limited partnership
|
||
|
By: WESTERN
REFINING GP, LLC,
a
Delaware limited liability company, its General Partner
|
||
|
By:
|
/s/ Scott D. Weaver
|
|
|
Name:
|
Scott D. Weaver
|
|
|
Title:
|
Vice President & Assistant
Secretary
|
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
ASCARATE
GROUP, LLC
a
Delaware limited liability company
By: WESTERN REFINING COMPANY,
L.P.,
a
Delaware limited partnership, its sole Member
|
||
|
By: WESTERN REFINING GP,
LLC,
a
Delaware limited liability company, its General Partner
|
||
|
By:
|
/s/ Scott D. Weaver
|
|
|
Name:
|
Scott D. Weaver
|
|
|
Title:
|
Vice President & Assistant
Secretary
|
|
|
WESTERN
REFINING GP, LLC
a
Delaware limited liability company
|
|
|
By:
|
/s/ Scott D. Weaver
|
|
Name:
|
Scott D. Weaver
|
|
Title:
|
Vice President & Assistant
Secretary
|
|
WESTERN
REFINING LP, LLC
a
Delaware limited liability company
|
|
|
By:
|
/s/ Joan L. Yori
|
|
Name:
|
Joan L. Yori
|
|
Title:
|
President
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
|
CINIZA PRODUCTION COMPANY,
a New Mexico corporation
DIAL OIL CO., a New
Mexico corporation
EMPIRE OIL CO., a
California corporation
GIANT INDUSTRIES, INC.,
a Delaware corporation
WESTERN REFINING SOUTHWEST,
INC., an Arizona corporation
GIANT FOUR CORNERS, INC.,
an Arizona corporation
WESTERN REFINING TERMINALS,
INC., an Arizona corporation
WESTERN REFINING PIPELINE
COMPANY, a New Mexico corporation
GIANT STOP-N-GO OF NEW MEXICO,
INC., a New Mexico corporation
WESTERN REFINING YORKTOWN,
INC., a Delaware corporation
WESTERN REFINING WHOLESALE,
INC., an Arizona corporation
SAN JUAN REFINING COMPANY,
a New Mexico corporation
|
|
|
By:
|
/s/ Scott D. Weaver
|
|
Name:
|
Scott D. Weaver
|
|
Title:
|
Vice President & Assistant
Secretary
|
SIGNATURE PAGE TO
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT
