AMENDMENT NO. 3 TO CREDIT AGREEMENT
Exhibit 10.43
Execution Version
AMENDMENT NO. 3 TO CREDIT AGREEMENT
AMENDMENT NO. 3 TO CREDIT AGREEMENT, dated as of February 27, 2015 (this “Agreement”), by and among National Mentor Holdings, Inc., a Delaware corporation (the “Borrower”), the other Loan Parties party hereto, Barclays Bank PLC, as administrative agent (the “Administrative Agent”) under the Credit Agreement (as defined below), each Lender party hereto making a 2015-1 Incremental Term Loan (as defined below) (collectively, the “2015-1 Incremental Term Loan Lenders”) and, solely for purposes of Sections 2(c), 3 and 5 through 13, the other Lenders party hereto.
RECITALS:
WHEREAS, reference is hereby made to the Credit Agreement, dated as of January 31, 2014 (as amended by Amendment No. 1 to Credit Agreement dated as of September 8, 2014, as further amended by Amendment No. 2 to Credit Agreement dated as of October 21, 2014, and as further amended, supplemented, amended and restated or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, NMH Holdings, LLC, the Administrative Agent and each Lender from time to time party thereto, and the other parties thereto (capitalized terms used but not defined herein having the meaning provided in the Credit Agreement);
WHEREAS, the Borrower has hereby notified the Administrative Agent that it is requesting Incremental Tranche B Term Loans pursuant to Section 2.25(a) of the Credit Agreement;
WHEREAS, pursuant to Section 2.25 of the Credit Agreement, the Borrower may obtain Incremental Tranche B Term Loans by, among other things, entering into one or more Incremental Facility Amendments in accordance with the terms and conditions of the Credit Agreement;
WHEREAS, the Borrower has requested that the 2015-1 Incremental Term Loan Lenders make Incremental Tranche B Term Loans in an aggregate principal amount equal to $55,000,000 (the Incremental Tranche B Term Loans made in such principal amount on the Amendment No. 3 Effective Date (as defined below), the “2015-1 Incremental Term Loans”);
WHEREAS, Section 2.25 of the Credit Agreement permits an Incremental Facility Amendment to effectuate such amendments to the Credit Agreement as may be necessary or appropriate to effectuate the provisions of Section 2.25;
WHEREAS, the 2015-1 Incremental Term Loan Lenders have indicated their willingness to lend the 2015-1 Incremental Term Loans on the terms and subject to the conditions of this Agreement; and
WHEREAS, the Required Lenders party hereto have indicated their willingness to consent to the amendments to the Credit Agreement further described in Section 2(c) below.
NOW, THEREFORE, in consideration of the premises and agreements, provisions and covenants herein contained, the parties hereto agree as follows:
1. | Making of the 2015-1 Incremental Term Loans. Subject to the terms and conditions set forth herein, the 2015-1 Incremental Term Loan Lenders agree to make the 2015-1 Incremental Term Loans to the Borrower on the Amendment No. 3 Effective Date (it being agreed that such 2015-1 Incremental Term Loans shall be funded at 99% of the principal amount thereof and, notwithstanding said discount, all calculations hereunder and under the Credit Agreement with |
respect to the 2015-1 Incremental Term Loans, including the accrual of interest and the repayment or prepayment of principal, shall be based on 100% of the stated principal amount thereof). |
2. | Terms of the 2015-1 Incremental Term Loans and Credit Agreement Amendments. Effective as of the Effective Date (as defined below), the Credit Agreement is hereby amended as follows: |
(a) | The 2015-1 Incremental Term Loans shall have terms identical to the Initial Tranche B Term Loans (after giving effect to Amendment No. 3) and shall otherwise be subject to the provisions, including any provisions restricting the rights, or regarding the obligations, of the Loan Parties or any provisions regarding the rights of the Tranche B Term Lenders, of the Credit Agreement and the other Loan Documents. Each reference to a “Tranche B Term Loan” or “Tranche B Term Loans” in the Loan Documents shall be deemed to include the 2015-1 Incremental Term Loans and each reference to “Tranche B Term Lender” or “Tranche B Term Lenders” in the Loan Documents shall be deemed to include the 2015-1 Incremental Term Loan Lenders, and the definitions of the terms “Tranche B Term Loan” and “Tranche B Term Lender” in Section 1.1 of the Credit Agreement shall be deemed modified to include the 2015-1 Incremental Term Loans and 2015-1 Incremental Term Loan Lenders, respectively. |
(b) | Section 2.3 of the Credit Agreement is hereby amended and restated as follows: |
Repayment of Tranche B Term Loans. The Borrower shall repay the Tranche B Term Loans in installments on each March 31, June 30, September 30 and December 31 of each year, commencing with June 30, 2014 and ending on the Tranche B Maturity Date, in an aggregate principal amount equal to (i) in the case of each such installment due prior to the Amendment No. 3 Effective Date, 0.25% of the aggregate principal amount of Tranche B Term Loans made on the Closing Date, (ii) in the case of each such installment due after the Amendment No. 3 Effective Date and prior to the Tranche B Maturity Date, $1,638,539.04, and (iii) in the case of the installment due on the Tranche B Maturity Date, the entire remaining balance of the Tranche B Term Loans; provided that any such installment may be reduced as a result of a prepayment in accordance with Section 2.17(b).
(c) | The definitions of “Repricing Premium” and “Repricing Transaction” set forth in Section 1.1 of the Credit Agreement is hereby amended and restated as follows: |
“ “Repricing Premium” means, in connection with a Repricing Transaction, a premium (expressed as a percentage of the principal amount of such Tranche B Term Loans to be prepaid) equal to the amount set forth below:
(a) on or prior to the six month anniversary of the Amendment No. 3 Effective Date, 1.0%;
(b) thereafter, 0%.”
“ “Repricing Transaction”: (i) any prepayment of the Tranche B Term Loans using proceeds of a substantially concurrent incurrence of syndicated term loan facility Indebtedness by the Borrower (other than any Indebtedness incurred in connection with a Change of Control or a full refinancing of the Tranche B Term
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Loans in connection with an Acquisition or Restricted Payment) for which the interest rate payable thereon on the date of such prepayment is lower than the Eurodollar Rate on the date of such prepayment plus the Applicable Margin with respect to the Tranche B Term Loans and (ii) any repricing of the Tranche B Term Loans pursuant to an amendment thereto (other than any Indebtedness incurred in connection with a Change of Control or a full refinancing of the Tranche B Term Loans in connection with an Acquisition or Restricted Payment) resulting in the interest rate payable thereon on the date of such amendment being lower than the Eurodollar Rate on the date immediately prior to such amendment plus the Applicable Margin with respect to the Tranche B Term Loans.”
(d) | The definitions of “ABR” and “Eurodollar Rate” set forth in Section 1.1 of the Credit Agreement are hereby amended by adding, immediately after the words “Initial Tranche B Term Loans” appearing in the proviso in each such definition, the following: “and the 2015-1 Incremental Term Loans”. |
(e) | Section 1.1 of the Credit Agreement is amended by inserting the following new definitions in their correct alphabetical order: |
“2015-1 Incremental Term Loans” shall have the meaning assigned to such term in Amendment No. 3.
“Amendment No. 3” shall mean Amendment No. 3 to this Agreement, dated February 27, 2015, among Borrower, the Administrative Agent, the other Loan Parties party thereto and the 2015-Incremental Term Loan Lenders.
“Amendment No. 3 Effective Date” shall mean the “Effective Date” under and as defined in Amendment No. 3.
3. | Effective Date Conditions. |
This Agreement will become effective on the date (the “Effective Date”) on which each of the following conditions have been satisfied (or waived) in accordance with the terms therein:
(i) | this Agreement shall have been executed and delivered by the Borrower, the other Loan Parties, the Administrative Agent, the 2015-1 Incremental Term Loan Lenders and the Required Lenders; |
(ii) | the Administrative Agent shall have received a certificate of the Borrower dated as of the Effective Date signed by a Responsible Officer of the Borrower (i) (A) certifying and attaching the resolutions or similar consents adopted by the Borrower approving or consenting to this Agreement and the incurrence of the 2015-1 Incremental Term Loans, (B) certifying that the certificate or articles of incorporation and by-laws of the Borrower either (x) has not been amended since the Closing Date or (y) is attached as an exhibit to such certificate, and (C) certifying as to the incumbency and specimen signature of each officer executing this Agreement and any related documents on behalf of the Borrower and (ii) certifying as to the matters set forth in clauses (v), (vi) and (vii) below; |
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(iii) | (A) all fees and out-of-pocket expenses for which invoices have been presented prior to the Effective Date (including the reasonable fees and expenses of legal counsel) required to be paid or reimbursed by the Borrower pursuant to Section 10.5 of the Credit Agreement or any other letter agreement in connection with this Agreement shall have been paid or reimbursed and (B) all accrued and unpaid interest, fees or other amounts then due and payable in respect of the Tranche B Term Loans outstanding immediately prior to effectiveness of this Agreement, to the extent not otherwise waived, shall have been paid; |
(iv) | the Administrative Agent shall have received an opinion of Xxxxxxxx & Xxxxx LLP, in form and substance reasonably satisfactory to the Administrative Agent; |
(v) | each of the representations and warranties made by each Loan Party contained in the Credit Agreement and in the other Loan Documents shall be true and correct in all material respects as of the Effective Date as if made on and as of such date (other than representations and warranties which speak only as of a certain date, which representations and warranties shall be made only on such date); |
(vi) | the representations and warranties in Section 5 of this Agreement shall be true and correct in all material respects as of the Effective Date; and |
(vii) | no Event of Default shall exist on the Effective Date immediately before and after giving effect to the effectiveness hereof. |
4. | Use of Proceeds of 2015-1 Incremental Term Loans. The net cash proceeds of the 2015-1 Incremental Term Loans shall be used by the Borrower (a) to redeem the outstanding Senior Notes of the Borrower called for redemption by the Borrower prior to the date hereof (and pay any premiums, interest, fees or expenses in connection with such redemption), (b) to pay any premium, interest, fees or expenses related to this Agreement and (c) the excess, if any, for other purposes not prohibited by the Credit Agreement. |
5. | Representations and Warranties. By its execution of this Agreement, the Borrower hereby certifies that the execution, delivery and performance by the Borrower and each other Loan Party of this Agreement, and each other Loan Document executed or to be executed by it in connection with this Agreement are within such Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate, limited liability company, or other organizational action on the part of such Loan Party. This Agreement has been duly executed and delivered by each Loan Party and constitutes, and each other Loan Document to which any Loan Party is to be a party, when executed and delivered by such Loan Party, will constitute, a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms and the terms of the Credit Agreement, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law and an implied covenant of good faith and fair dealing. |
6. | Reaffirmation of the Loan Parties. Each Loan Party hereby consents to the amendment of the Credit Agreement effected hereby and confirms and agrees that, notwithstanding the effectiveness of this Agreement, each Loan Document to which such Loan Party is a party is, and the obligations of such Loan Party contained in the Credit Agreement, this Agreement or in any other Loan Document to which it is a party are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects, in each case as amended by this Agreement. For |
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greater certainty and without limiting the foregoing, each Loan Party hereby confirms that the existing security interests granted by such Loan Party in favor of the Administrative Agent for the benefit of, among others, the Lenders pursuant to the Loan Documents in the Collateral described therein shall continue to secure the obligations of the Loan Parties under the Credit Agreement and the other Loan Documents as and to the extent provided in the Loan Documents. |
7. | Amendment, Modification and Waiver. This Agreement may not be amended, modified or waived except as permitted by Section 10.1 of the Credit Agreement. |
8. | Entire Agreement. This Agreement, the Credit Agreement and the other Loan Documents constitute the entire agreement among the parties with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties or any of them with respect to the subject matter hereof. This Agreement shall not constitute a novation of any amount owing under the Credit Agreement and all amounts owing in respect of principal, interest, fees and other amounts pursuant to the Credit Agreement and the other Loan Documents shall, to the extent not paid or exchanged on or prior to the Effective Date, shall continue to be owing under the Credit Agreement or such other Loan Documents until paid in accordance therewith. |
9. | GOVERNING LAW. THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. SECTIONS 10.12 AND 10.16 OF THE CREDIT AGREEMENT ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT AND SHALL APPLY HERETO. |
10. | Severability. Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction. |
11. | Counterparts. This Agreement may be executed in counterparts (including by facsimile or other electronic transmission), each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. |
12. | WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY SUIT, ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY) DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. |
13. | Loan Document. On and after the Effective Date, this Agreement shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents (it being understood that for the avoidance of doubt this Agreement may be amended or waived solely by the parties hereto as set forth in Section 7 above). |
[signature pages to follow]
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IN WITNESS WHEREOF, each of the undersigned has caused its duly authorized officer to execute and deliver this Agreement as of the date first set forth above.
NATIONAL MENTOR HOLDINGS, INC., as Borrower | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: | Xxxxx X. Xxxxxxxx | |||
Title: | President and Chief Executive Officer | |||
NMH HOLDINGS, LLC, as Holdings | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: | Xxxxx X. Xxxxxxxx | |||
Title: | President and Chief Executive Officer | |||
SUBSIDIARY GUARANTORS: | ||||
ADULT DAY HEALTH, INC. | ||||
CALIFORNIA MENTOR FAMILY HOME AGENCY, LLC | ||||
COMMUNITY REINTEGRATION SERVICES, INC. | ||||
(f/k/a REM Management, Inc.) | ||||
CORNERSTONE LIVING SKILLS, INC. FAMILY ADVOCACY SERVICES, LLC | ||||
FIRST STEP INDEPENDENT LIVING PROGRAM, INC. | ||||
XXXXXXXX XXXX ENTERPRISES, INC. | ||||
ILLINOIS MENTOR, INC. | ||||
ILLINOIS MENTOR COMMUNITY SERVICES, INC. | ||||
INSTITUTE FOR FAMILY CENTERED SERVICES, INC. | ||||
XXXX’X LIBERTY HOMES, INC. | ||||
MASSACHUSETTS MENTOR, LLC | ||||
MENTOR MANAGEMENT, INC. | ||||
MENTOR MARYLAND, INC. | ||||
NATIONAL MENTOR HEALTHCARE, LLC NATIONAL MENTOR HOLDINGS, LLC | ||||
NATIONAL MENTOR SERVICES HOLDINGS, LLC | ||||
NATIONAL MENTOR SERVICES, LLC | ||||
NATIONAL MENTOR, LLC | ||||
OHIO MENTOR, INC. | ||||
REM ARROWHEAD, INC. | ||||
REM CENTRAL LAKES, INC. | ||||
REM COMMUNITY OPTIONS, LLC | ||||
REM CONNECTICUT COMMUNITY SERVICES, INC. | ||||
REM DEVELOPMENTAL SERVICES, INC. |
[Signature Page to Amendment No. 3 to Credit Agreement]
REM EAST, LLC | ||||
REM HEARTLAND, INC. | ||||
REM HENNEPIN, INC. | ||||
REM INDIANA COMMUNITY SERVICES, INC. | ||||
REM INDIANA COMMUNITY SERVICES II, INC. | ||||
REM INDIANA, INC. | ||||
REM IOWA COMMUNITY SERVICES, INC. | ||||
REM IOWA, INC. | ||||
REM MARYLAND, INC. | ||||
REM MINNESOTA COMMUNITY SERVICES, INC. | ||||
REM MINNESOTA, INC. | ||||
REM NEVADA, INC. | ||||
REM NEW JERSEY, INC. | ||||
REM NORTH DAKOTA, INC. | ||||
REM NORTH STAR, INC. | ||||
REM OCCAZIO, INC. | ||||
REM OHIO, INC. | ||||
REM OHIO WAIVERED SERVICES, INC. | ||||
XXX XXXXXX, INC. | ||||
REM RIVER BLUFFS, INC. | ||||
REM SOUTH CENTRAL SERVICES, INC. | ||||
REM SOUTHWEST SERVICES, INC. | ||||
REM WEST VIRGINIA, LLC | ||||
REM WISCONSIN, INC. | ||||
REM WISCONSIN II, INC. | ||||
REM WISCONSIN III, INC. | ||||
REM WOODVALE, INC. | ||||
SOUTH CAROLINA MENTOR, INC. | ||||
TRANSITIONAL SERVICES, LLC | ||||
UNLIMITED QUEST, INC. | ||||
CAREMERIDIAN, LLC | ||||
CENTER FOR COMPREHENSIVE SERVICES, INC. | ||||
MENTOR ABI, LLC | ||||
PROGRESSIVE LIVING UNITS SYSTEMS-NEW JERSEY, INC. | ||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: | Xxxxx X. Xxxxxxxx | |||
Title: | Chief Executive Officer |
[Signature Page to Amendment No. 3 to Credit Agreement]
BARCLAYS BANK, PLC, as Administrative Agent and a 2015-1 Incremental Term Loan Lender | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Vice President |
[Signature Page to Amendment No. 3 to Credit Agreement]
BARCLAYS BANK PLC, as a Lender | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Vice President |
[Signature Page to Amendment No. 3 to Credit Agreement]
BARCLAYS BANK PLC, as a Lender | ||||
By: | /s/ Xxxxx Xxx | |||
Name: | Xxxxx Xxx | |||
Title: | Authorized Signatory |
[Signature Page to Amendment No. 3 to Credit Agreement]
3i US Senior Loan Fund, L.P. | ||||
as a Lender | ||||
By: | 3i Debt Management US, LLC as Manager | |||
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | Partner | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Point II CLO, Limited | ||||
as a Lender | ||||
BY: | Sankaty Advisors, LLC, as Portfolio Manager | |||
By: | /s/ Xxxxxx X. Xxxxx | |||
Name: | Xxxxxx X. Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
BANK OF AMERICA NA, as a Lender | ||||
By: | /s/ Xxxxx X. Xxxxxxxxx | |||
Name: | Xxxxx X. Xxxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Blackstone / GSO Global Dynamic Credit Funding Ltd | ||||
as a Lender | ||||
By: Blackstone / GSO Global Dynamic Credit Master Fund, its Sole Shareholder | ||||
By: Blackstone / GSO Debt Funds Management Europe Limited, its Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2014-2, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2014-3, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2012-1, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2012-2, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2012-3, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2012-4, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2013-1, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2013-2, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2013-3, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2013-4, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2014-1, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2014-4, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Carlyle Global Market Strategies CLO 2014-5, Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxxx Re Switzerland Ltd, as a Lender | ||||
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | AVP | |||
Xxxxx Brothers Xxxxxxxx & Co. acting | ||||
as agent for OppenheimerFunds, Inc. |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxxx Underwriting Agencies LTD, as a Lender | ||||
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | AVP | |||
Xxxxx Brothers Xxxxxxxx & Co. acting | ||||
as agent for OppenheimerFunds, Inc. |
[Signature Page to Amendment No. 3 to Credit Agreement]
Citi Loan Funding JT VI LLC, | ||||
as a Lender | ||||
By: Citibank, N.A., | ||||
By: | /s/ Xxxxx Pool | |||
Name: | Xxxxx Pool | |||
Title: | Associate Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
COA Summit CLO Ltd | ||||
as a Lender | ||||
BY: 3i Debt Management US, LLC, as its Collateral Manager | ||||
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | Partner | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Cent CDO 14 Limited | ||||
as a Lender | ||||
BY: Columbia Management Investment Advisers, LLC As Collateral Manager | ||||
By: | /s/ Xxxxxx X. Xxxxxx | |||
Name: | Xxxxxx X. Xxxxxx | |||
Title: | Assistant Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Cent CDO 15 Limited | ||||
as a Lender | ||||
BY: Columbia Management Investment Advisers, LLC As Collateral Manager | ||||
By: | /s/ Xxxxxx X. Xxxxxx | |||
Name: | Xxxxxx X. Xxxxxx | |||
Title: | Assistant Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Cent CLO 16, L.P. | ||||
as a Lender | ||||
BY: Columbia Management Investment Advisers, LLC As Collateral Manager | ||||
By: | /s/ Xxxxxx X. Xxxxxx | |||
Name: | Xxxxxx X. Xxxxxx | |||
Title: | Assistant Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Cent CLO 17 Limited | ||||
as a Lender | ||||
BY: Columbia Management Investment Advisers, LLC As Collateral Manager | ||||
By: | /s/ Xxxxxx X. Xxxxxx | |||
Name: | Xxxxxx X. Xxxxxx | |||
Title: | Assistant Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Cent CLO 18 Limited | ||||
as a Lender | ||||
BY: Columbia Management Investment Advisers, LLC As Collateral Manager | ||||
By: | /s/ Xxxxxx X. Xxxxxx | |||
Name: | Xxxxxx X. Xxxxxx | |||
Title: | Assistant Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Cent CLO 19 Limited | ||||
as a Lender | ||||
By: Columbia Management Investment Advisers, LLC As Collateral Manager | ||||
By: | /s/ Xxxxxx X. Xxxxxx | |||
Name: | Xxxxxx X. Xxxxxx | |||
Title: | Assistant Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Cent CLO 20 Limited | ||||
as a Lender | ||||
By: Columbia Management Investment Advisers, LLC As Collateral Manager | ||||
By: | /s/ Xxxxxx X. Xxxxxx | |||
Name: | Xxxxxx X. Xxxxxx | |||
Title: | Assistant Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Cent CLO 22 Limited | ||||
as a Lender | ||||
By: Columbia Management Investment Advisers, LLC As Collateral Manager | ||||
By: | /s/ Xxxxxx X. Xxxxxx | |||
Name: | Xxxxxx X. Xxxxxx | |||
Title: | Assistant Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Columbia Floating Rate Fund, a series of Columbia Funds Series Trust II | ||||
as a Lender | ||||
By: | /s/ Xxxxxx X. Xxxxxx | |||
Name: | Xxxxxx X. Xxxxxx | |||
Title: | Assistant Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
DDJ ARVO HIGH YIELD FUND, L.P., as a Lender | ||
BY: DDJ/GP Arvo High Yield, LLC, its General Partner | ||
BY: DDJ Capital Management, LLC, Manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
CATERPILLAR INC. MASTER RETIREMENT TRUST, as a Lender | ||
By: DDJ Capital Management, LLC, on behalf of Caterpillar Inc. Master Retirement Trust, in its capacity as investment manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
DISTRICT OF COLUMBIA RETIREMENT BOARD, as a Lender | ||
By: DDJ Capital Management, LLC, in its capacity as Investment Manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
STICHTING PENSIOENFONDS HOOGOVENS, as a Lender | ||
By: DDJ Capital Management, LLC, on behalf of Stichting Pensioenfonds Hoogovens, in its capacity as Manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
HOUSTON MUNICIPAL EMPLOYEES PENSION SYSTEM, as a Lender | ||
By: DDJ Capital Management, LLC, in its capacity as Manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
DDJ CAPITAL MANAGEMENT GROUP TRUST – HIGH YIELD INVESTMENT FUND, as a Lender | ||
By: DDJ Capital Management, LLC, in its capacity as Investment Manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
X.X. XXXXXX CORPORATION, INC. PENSION PLAN TRUST, as a Lender | ||
By: DDJ Capital Management, LLC, on behalf of X.X. Penney Corporation, Inc. Pension Plan Trust, in its capacity as investment manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
NATIONAL RAILROAD RETIREMENT INVESTMENT TRUST, as a Lender | ||
By: DDJ Capital Management, LLC, in its capacity as Investment Manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
PRINCIPAL FUNDS, INC. – GLOBAL DIVERSIFIED INCOME FUND, as a Lender | ||
By: DDJ Capital Management, LLC, in its capacity as Sub-Advisor | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
XXXXXXX GLOBAL HIGH INCOME BOND POOL, as a Lender | ||
By: DDJ Capital Management, LLC, in its capacity as Money Manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
XXXXXXX INSTITUTIONAL FUNDS, LLC – XXXXXXX HIGH YIELD BOND FUND, as a Lender | ||
By: DDJ Capital Management, LLC, in its capacity as Money Manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
XXXXXXX INVESTMENT COMPANY - XXXXXXX GLOBAL OPPORTUNISTIC CREDIT FUND, as a Lender | ||
By: DDJ Capital Management, LLC, in its capacity as Money Manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
SEARS HOLDINGS PENSION TRUST, as a Lender | ||
By: DDJ Capital Management, LLC, in its capacity as Investment Manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
SEARS CANADA INC. REGISTERED RETIREMENT PLAN, as a Lender | ||
By: DDJ Capital Management, LLC, in its capacity as Investment Manager | ||
By: | /s/ Xxxxx X. Xxxxxxxxx | |
Name: | Xxxxx X. Xxxxxxxxx | |
Title: | President |
[Signature Page to Amendment No. 3 to Credit Agreement]
AGF Floating Rate Income Fund | ||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Xxxxx CDO X PLC | ||||
By: Xxxxx Xxxxx Management As Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Xxxxx Floating-Rate Income Plus Fund | ||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Xxxxx Senior Floating-Rate Trust | ||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Xxxxx Floating-Rate Income Trust | ||||
By Xxxxx Xxxxx Management as Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Xxxxx International (Cayman Islands) Floating-Rate Income Portfolio | ||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Xxxxx Senior Income Trust | ||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Xxxxx Short Duration Diversified Income Fund | ||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Xxxxx Institutional Senior Loan Fund | ||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Xxxxx Limited Duration Income Fund | ||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxxxx & Co | ||||
By: Boston Management and Research as Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
KP Fixed Income Fund | ||||
By: Xxxxx Xxxxx Management As Investment Sub-Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
MET Investors Series Trust-Met/Xxxxx Xxxxx Floating Rate Portfolio | ||||
By: Xxxxx Xxxxx Management | ||||
as Investment Sub-Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Pacific Select Fund-Floating Rate Loan Portfolio | ||||
By: Xxxxx Xxxxx Management as Investment Sub-Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Pacific Life Funds-PL Floating Rate Loan Fund | ||||
By: Xxxxx Xxxxx Management as Investment Sub-Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: | /s/ Xxxxxx Xxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxx | |||
Title: | Assistant Vice President |
[Signature Page to Amendment No. 3 to Credit Agreement]
Columbia Funds Variable Series Trust II-Variable Portfolio-Xxxxx Xxxxx Floating Rate Income Fund | ||||
By: Xxxxx Xxxxx Management as Investment Sub-Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Senior Debt Portfolio | ||||
By: Boston Management and Research as Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Xxxxx VT Floating-Rate Income Fund | ||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Vice President | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
ELM CLO 2014-1, LTD., as a Lender | ||||
By: | /s/ Xxxx X. Xxxxx | |||
Name: | Xxxx X. Xxxxx | |||
Title: | Authorized Signatory | |||
If a second signature is necessary: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Federated Bank Loan Core Fund | ||||
as a Lender | ||||
By: | /s/ B. Xxxxxxx Xxxxxxxxx, Xx. | |||
Name: | B. Xxxxxxx Xxxxxxxxx, Xx. | |||
Title: | Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Franklin Xxxxxxxxx Series II Funds – Franklin Floating Rate II Fund, as a Lender | ||||
By: | /s/ Xxxxxxxx Xxx | |||
Name: | Xxxxxxxx Xxx | |||
Title: | Asst. Vice President |
[Signature Page to Amendment No. 3 to Credit Agreement]
Franklin Floating Rate Master Trust – Franklin Floating Rate Master Series, as a Lender | ||||
By: | /s/ Xxxxxxxx Xxx | |||
Name: | Xxxxxxxx Xxx | |||
Title: | Asst. Vice President |
[Signature Page to Amendment No. 3 to Credit Agreement]
Franklin Xxxxxxxxx Limited Duration Income Trust, as a Lender | ||||
By: | /s/ Xxxxxxxx Xxx | |||
Name: | Xxxxxxxx Xxx | |||
Title: | Asst. Vice President |
[Signature Page to Amendment No. 3 to Credit Agreement]
Franklin Investors Securities Trust - Franklin Floating Rate Daily Access Fund, as a Lender | ||||
By: | /s/ XXXXXXXX XXX | |||
Name: | XXXXXXXX XXX | |||
Title: | VICE PRESIDENT |
[Signature Page to Amendment No. 3 to Credit Agreement]
XXXXXXX XXXXX BANK USA, as a Lender | ||||
By: | /s/ Xxxxxxxx Xxxxxxx | |||
Name: | Xxxxxxxx Xxxxxxx | |||
Title: | Authorized Signatory | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Birchwood Park CLO, Ltd. | ||||
as a Lender | ||||
By: GSO / Blackstone Debt Funds Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
BJC Pension Plan Trust | ||||
as a Lender | ||||
BY: GSO Capital Advisors LLC, its Investment Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Blackstone / GSO Secured Trust Ltd. | ||||
as a Lender | ||||
BY: GSO / Blackstone Debt Funds Management LLC as Investment Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Blackstone / GSO Senior Floating Rate Term Fund | ||||
as a Lender | ||||
BY: GSO / Blackstone Debt Funds Management LLC as Investment Advisor | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Blackstone / GSO Senior Loan Portfolio | ||||
as a Lender | ||||
By: GSO / Blackstone Debt Funds Management LLC as Sub-Adviser | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
BLACKSTONE TREASURY ASIA PTE. LTD. | ||||
as a Lender | ||||
BY: GSO Capital Advisors LLC, its Investment Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
BLACKSTONE TREASURY SOLUTIONS MASTER FUND L.P. | ||||
as a Lender | ||||
By: GSO Capital Advisors LLC, its Investment Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
BLACKSTONE/GSO STRATEGIC CREDIT FUND | ||||
as a Lender | ||||
BY: GSO / Blackstone Debt Funds Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxxx Park CLO, Ltd. | ||||
as a Lender | ||||
By: GSO / Blackstone Debt Funds Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Callidus Debt Partners CLO Fund VI, Ltd. | ||||
as a Lender | ||||
BY: GSO / Blackstone Debt Funds Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Delaware Life Insurance Company | ||||
as a Lender | ||||
By: GSO / Blackstone Debt Funds Management LLC as Sub-Advisor | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Emerson Park CLO Ltd. | ||||
as a Lender | ||||
BY: GSO / Blackstone Debt Funds Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Gramercy Park CLO Ltd. | ||||
as a Lender | ||||
BY: GSO / Blackstone Debt Funds Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Musashi Secured Credit Fund Ltd. | ||||
as a Lender | ||||
BY: GSO Capital Advisors LLC, as Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
PPG Industries, Inc. Pension Plan Trust | ||||
as a Lender | ||||
BY: GSO Capital Advisors LLC, As its Investment Advisor | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Sheridan Square CLO, Ltd. | ||||
as a Lender | ||||
By: GSO / Blackstone Debt Funds Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Stewart Park CLO, Ltd.
as a Lender | ||||
BY: GSO / Blackstone Debt Funds Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Thacher Park CLO, Ltd. | ||||
as a Lender | ||||
BY: GSO / Blackstone Debt Funds Management LLC as Collateral Manager | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
HILDENE CLO I, LTD | ||||
as a Lender | ||||
BY: Hildene Leveraged Credit, LLC as Collateral Manager | ||||
By: | /s/ Xxxxxxx Xxxxx | |||
Name: | Xxxxxxx Xxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Hildene CLO III LTD. | ||||
as a Lender | ||||
By: Hildene Leveraged Credit, LLC as Collateral Manager | ||||
By: | /s/ Xxxxxxx Xxxxx | |||
Name: | Xxxxxxx Xxxxx | |||
Title: | Authorized Signatory | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Jamestown CLO V Ltd. | ||||
as a Lender | ||||
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | Partner | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Fraser Xxxxxxxx CLO VII Ltd. | ||||
as a Lender | ||||
By: 3i Debt Management US, LLC as Manager | ||||
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | Partner | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Jamestown CLO I Ltd. | ||||
as a Lender | ||||
By: 3i Debt Management US, LLC as Manager | ||||
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | Partner | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Jamestown CLO III Ltd. | ||||
as a Lender | ||||
BY: 3i Debt Management U.S. LLC, as Portfolio Manager | ||||
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | Partner | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Jamestown CLO IV Ltd. | ||||
as a Lender | ||||
BY: 3i Debt Management U.S. LLC, as Portfolio Manager | ||||
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | Partner | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JEFFERIES FINANCE LLC, as a Lender | ||||
By: | /s/ J. Xxxx XxXxxxxxx | |||
Name: | J. Xxxx XxXxxxxxx | |||
Title: | Managing Director |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxx Xxxxxxx Global Short Duration Credit Fund | ||||
as a Lender | ||||
By: | /s/ Xxx Xxxx | |||
Name: | Xxx Xxxx | |||
Title: | Manager | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JPMorgan Chase Bank N.A. as Trustee of the JPMorgan Chase Retirement Plan, as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Commingled Pension Trust Fund (Floating Rate Income) of JPMorgan Chase Bank, N.A., as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JPMorgan Specialist Investment Funds - JPMorgan Senior Loan Fund, as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JPMorgan Senior Secured Loan Fund Limited, as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JPMorgan Tax Aware High Income Fund, as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JPMorgan Global Strategic Bond Fund, as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JPMorgan Short Duration High Yield Fund, as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JPMorgan Global Bond Opportunities Fund, as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Senior Secured Loan Fund, A Series Trust of JPMorgan Trust 2, as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JPMorgan Short Duration High Yield Securities Master Investment Trust (Bond), as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JPMorgan Floating Rate Income Fund, as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JPMorgan Strategic Income Opportunities Fund, as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JPMorgan Specialist Investment Funds - JPMorgan Multi Sector Credit Fund, as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JPMorgan Unconstrained Debt Fund, as a Lender | ||||
By: | /s/ Xxxxx X Xxxxxxxx | |||
Name: | Xxxxx X Xxxxxxxx | |||
Title: | Managing Director | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
KVK CLO 2012-1, Ltd
as a Lender | ||||
By: | /s/ Xxxxx Xxxxxxxxx | |||
Name: | Xxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
KVK CLO 2012-2, LTD.
as a Lender | ||||
By: | /s/ Xxxxx Xxxxxxxxx | |||
Name: | Xxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
KVK CLO 2013-1, Ltd
as a Lender | ||||
By: | /s/ Xxxxx Xxxxxxxxx | |||
Name: | Xxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
KVK CLO 2013-2 LTD.
as a Lender | ||||
By: | /s/ Xxxxx Xxxxxxxxx | |||
Name: | Xxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
KVK CLO 2014-1 Ltd.
as a Lender | ||||
By: | /s/ Xxxxx Xxxxxxxxx | |||
Name: | Xxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
KVK CLO 2014-2 Ltd.
as a Lender | ||||
By: | /s/ Xxxxx Xxxxxxxxx | |||
Name: | Xxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
LCM IX Limited Partnership | ||||
By: LCM Asset Management LLC As Collateral Manager | ||||
[ ], as a Lender | ||||
By: | /s/ Xxxxxxxxx X. Xxxxx | |||
Name: | Xxxxxxxxx X. Xxxxx | |||
Title: | LCM Asset Management LLC | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
LCM X Limited Partnership | ||||
By: LCM Asset Management LLC As Collateral Manager | ||||
[ ], as a Lender | ||||
By: | /s/ Xxxxxxxxx X. Xxxxx | |||
Name: | Xxxxxxxxx X. Xxxxx | |||
Title: | LCM Asset Management LLC | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
LCM XI Limited Partnership | ||||
By: LCM Asset Management LLC As Collateral Manager | ||||
[ ], as a Lender | ||||
By: | /s/ Xxxxxxxxx X. Xxxxx | |||
Name: | Xxxxxxxxx X. Xxxxx | |||
Title: | LCM Asset Management LLC | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
LCM XII Limited Partnership | ||||
By: LCM Asset Management LLC As Collateral Manager | ||||
[ ], as a Lender | ||||
By: | /s/ Xxxxxxxxx X. Xxxxx | |||
Name: | Xxxxxxxxx X. Xxxxx | |||
Title: | LCM Asset Management LLC | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
LCM XIII Limited Partnership | ||||
By: LCM Asset Management LLC As Collateral Manager | ||||
[ ], as a Lender | ||||
By: | /s/ Xxxxxxxxx X. Xxxxx | |||
Name: | Xxxxxxxxx X. Xxxxx | |||
Title: | LCM Asset Management LLC | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
LCM XIV Limited Partnership | ||||
By: LCM Asset Management LLC As Collateral Manager | ||||
[ ], as a Lender | ||||
By: | /s/ Xxxxxxxxx X. Xxxxx | |||
Name: | Xxxxxxxxx X. Xxxxx | |||
Title: | LCM Asset Management LLC | |||
If a second signature is necessary: | ||||
By: |
| |||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
LCM XV Limited Partnership | ||||
By: LCM Asset Management LLC As Collateral Manager | ||||
[ ], as a Lender | ||||
By: | /s/ Xxxxxx X. Xxxxx | |||
Name: | Xxxxxx X. Xxxxx | |||
Title: | LCM Asset Management LLC |
[Signature Page to Amendment No. 3 to Credit Agreement]
LCM XVI Limited Partnership | ||||
By: LCM Asset Management LLC As Collateral Manager | ||||
[ ], as a Lender | ||||
By: | /s/ Xxxxxx X. Xxxxx | |||
Name: | Xxxxxx X. Xxxxx | |||
Title: | LCM Asset Management LLC |
[Signature Page to Amendment No. 3 to Credit Agreement]
LCM XVII Limited Partnership | ||||
By: LCM Asset Management LLC As Collateral Manager | ||||
[ ], as a Lender | ||||
By: | /s/ Xxxxxx X. Xxxxx | |||
Name: | Xxxxxx X. Xxxxx | |||
Title: | LCM Asset Management LLC |
[Signature Page to Amendment No. 3 to Credit Agreement]
Manulife Global Strategic Balanced Yield Fund
as a Lender | ||||
By: | /s/ Xxx Xxxx | |||
Name: | Xxx Xxxx | |||
Title: | Manager | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Manulife US Fixed Income Private Trust | ||||
as a Lender | ||||
By: | /s/ Xxx Xxxx | |||
Name: | Xxx Xxxx | |||
Title: | Manager | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
JHF II Diversified Strategies Fund | ||||
as a Lender | ||||
By: | /s/ Xxx Xxxx | |||
Name: | Xxx Xxxx | |||
Title: | Manager | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Manulife Floating Rate Income Fund | ||||
as a Lender | ||||
By: | /s/ Xxx Xxxx | |||
Name: | Xxx Xxxx | |||
Title: | Manager | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Manulife Global Tactical Credit Fund | ||||
as a Lender | ||||
By: | /s/ Xxx Xxxx | |||
Name: | Xxx Xxxx | |||
Title: | Manager | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Manulife Investments Trust - Floating Rate Income Fund | ||||
as a Lender | ||||
By: | /s/ Xxx Xxxx | |||
Name: | Xxx Xxxx | |||
Title: | Manager | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Manulife U.S. Dollar Floating Rate Income Fund | ||||
as a Lender | ||||
By: | /s/ Xxx Xxxx | |||
Name: | Xxx Xxxx | |||
Title: | Manager | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Manulife U.S. Tactical Credit Fund | ||||
as a Lender | ||||
By: | /s/ Xxx Xxxx | |||
Name: | Xxx Xxxx | |||
Title: | Manager | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
XXXXXXXXXXX MASTER LOAN FUND, LLC, as a Lender | ||||
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | AVP | |||
Xxxxx Brothers Xxxxxxxx & Co. acting as agent for OppenheimerFunds, Inc. |
[Signature Page to Amendment No. 3 to Credit Agreement]
ORIX CORPORATE CAPITAL INC., as a Lender | ||||
By: | /s/ Xxxx X. Xxxxx | |||
Name: | Xxxx X. Xxxxx | |||
Title: | Authorized Signatory | |||
If a second signature is necessary: |
[Signature Page to Amendment No. 3 to Credit Agreement]
RP9 Loan Funding LLC | ||||
as a Lender | ||||
By: | Citibank, N.A., | |||
By: | /s/ Xxxxxxx Xxxxxxxx | |||
Name: | Xxxxxxx Xxxxxxxx | |||
Title: | Associate Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Aon Xxxxxx Group Trust - High Yield Plus Bond Fund | ||||
as a Lender | ||||
By: | Sankaty Advisors, LLC as Manager | |||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
AVAW Loans Sankaty z.H. Internationale Kapitalanlagegesellschaft mbH | ||||
as a Lender | ||||
BY: | Sankaty Advisors, LLC as Fund Manager | |||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Point III CLO, Limited | ||||
as a Lender | ||||
BY: | Sankaty Advisors, LLC, as Portfolio Manager | |||
By: | /s/ Xxxxxx X. Xxxxx | |||
Name: | Xxxxxx X. Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Point IV CLO, Limited | ||||
as a Lender | ||||
BY: | Sankaty Advisors, LLC, as Portfolio Manager | |||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Xxxxx Point V CLO, Limited | ||||
as a Lender | ||||
BY: | Sankaty Advisors, LLC, as Portfolio Manager | |||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Document Control Team | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
CASTLE HILL IV CLO, LIMITED | ||||
as a Lender | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Document Control Team | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Catholic Health Initiatives Master Trust | ||||
as a Lender | ||||
BY: Sankaty Advisors, LLC as Investment Adviser and Manager | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
CHI Operating Investment Program L.P. | ||||
as a Lender | ||||
BY: Sankaty Advisors, LLC, as Investment Adviser and Manager | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
FirstEnergy System Master Retirement Trust | ||||
as a Lender | ||||
By: Sankaty Advisors, LLC as Investment Adviser and Manager | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Google Inc. | ||||
as a Lender | ||||
By: Sankaty Advisors, LLC as Investment Adviser and Manager | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Race Point V CLO, Limited | ||||
as a Lender | ||||
BY: | Sankaty Advisors LLC, as Portfolio Manager | |||
By: | /s/ Xxxxxx X. Xxxxx | |||
Name: | Xxxxxx X. Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Race Point VI CLO, Limited | ||||
as a Lender | ||||
By: | Sankaty Advisors, LLC, as Portfolio Manager | |||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Race Point VII CLO, Limited | ||||
as a Lender | ||||
By: Sankaty Advisors, LLC as Portfolio Manager | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Race Point VIII CLO, Limited | ||||
as a Lender | ||||
BY: Sankaty Advisors, LLC as Portfolio Manager | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
San Francisco City and County Employees’ Retirement System | ||||
as a Lender | ||||
BY: Sankaty Advisors, LLC, as Investment Manager | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Sankaty Senior Loan Fund (SRI), L.P. | ||||
as a Lender | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Sankaty Senior Loan Fund Public Limited Company | ||||
as a Lender | ||||
By: Sankaty Advisors, LLC, as Investment Manager | ||||
By: | /s/ Xxxxxx X. Xxxxx | |||
Name: | Xxxxxx X. Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Sankaty Senior Loan Fund, L.P. | ||||
as a Lender | ||||
By: | /s/ Xxxxxx X. Xxxxx | |||
Name: | Xxxxxx X. Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Sunsuper Pooled Superannuation Trust | ||||
as a Lender | ||||
By: Sankaty Advisors, LLC, Manager | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Suzuka INKA | ||||
as a Lender | ||||
By: Sankaty Advisors, LLC, as Fund Manager | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Sr. Vice President of Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
XXXXXXXXXXX SENIOR FLOATING RATE FUND, as a Lender | ||||
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | AVP | |||
Xxxxx Brothers Xxxxxxxx & Co. acting as agent for OppenheimerFunds, Inc. |
[Signature Page to Amendment No. 3 to Credit Agreement]
XXXXXXXXXXX SENIOR FLOATING RATE PLUS FUND, as a Lender | ||||
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | AVP | |||
Xxxxx Brothers Xxxxxxxx & Co. acting as agent for OppenheimerFunds, Inc. |
[Signature Page to Amendment No. 3 to Credit Agreement]
SSD LOAN FUNDING LLC | ||||
as a Lender | ||||
By: Citibank, N.A., | ||||
By: | /s/ Xxxx Xxxx | |||
Name: | Xxxx Xxxx | |||
Title: | Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
SSOMF Loan Funding LLC | ||||
as a Lender | ||||
By: Citibank, N.A., | ||||
By: | /s/ Xxxx Xxxx | |||
Name: | Xxxx Xxxx | |||
Title: | Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
STICHTING DEPOSITARY APG FIXED INCOME CREDITS POOL, as a Lender | ||
By: apg Asset Management US Inc. | ||
By: | /s/ Xxxxxxx Xxxxx | |
Name: | Xxxxxxx Xxxxx | |
Title: | Portfolio Manager |
THL Credit Wind River 2012-1 CLO Ltd. | ||||
as a Lender | ||||
BY: THL Credit Senior Loan Strategies LLC, as Investment Manager | ||||
By: | /s/ Xxxxxxxx Xxxxxxx | |||
Name: | Xxxxxxxx Xxxxxxx | |||
Title: | Head of Investment Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
THL CREDIT WIND RIVER 2013-1 CLO LTD. | ||||
as a Lender | ||||
BY: THL Credit Senior Loan Strategies LLC, as Investment Manager | ||||
By: | /s/ Xxxxxxxx Xxxxxxx | |||
Name: | Xxxxxxxx Xxxxxxx | |||
Title: | Head of Investment Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
THL Credit Wind River 2014-1 CLO Ltd. | ||||
as a Lender | ||||
By THL Credit Advisors LLC, as Investment Manager | ||||
By: | /s/ Xxxxxxxx Xxxxxxx | |||
Name: | Xxxxxxxx Xxxxxxx | |||
Title: | Head of Investment Operations | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
UBS AG, Stamford Branch, as a Lender | ||||
By: | /s/ Xxxxxxx Xxxxx | |||
Name: | Xxxxxxx Xxxxx | |||
Title: | Director | |||
Banking Products Services, US | ||||
By: | /s/ Xxxxxxx Xxxx | |||
Name: | Xxxxxxx Xxxx | |||
Title: | Associate Director | |||
Banking Products Services, US |
[Signature Page to Amendment No. 3 to Credit Agreement]
VENTURE XII CLO, Limited | ||||
as a Lender | ||||
BY: its investment advisor MJX Asset Management LLC | ||||
By: | /s/ Xxxxxxx Xxxxxxx | |||
Name: | Xxxxxxx Xxxxxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]
Venture XVII CLO Limited | ||||
as a Lender | ||||
BY: its investment advisor, MJX Asset Management, LLC | ||||
By: | /s/ Xxxxxxx Xxxxxxx | |||
Name: | Xxxxxxx Xxxxxxx | |||
Title: | Managing Director | |||
By: | ||||
Name: | ||||
Title: |
[Signature Page to Amendment No. 3 to Credit Agreement]