AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENT
Exhibit 4.1
EXECUTION VERSION
AMENDMENT NO. 3 TO
AMENDED AND RESTATED CREDIT AGREEMENT
This Amendment No. 3 to Amended and Restated Credit Agreement (this “Amendment”) is entered into as of January 21, 2010 by and among The Manitowoc Company, Inc., a Wisconsin corporation (the “Borrower”), the Subsidiary Borrowers signatory hereto (together with the Borrower, the “Borrowers”), JPMorgan Chase Bank, N.A., individually and as administrative agent (the “Administrative Agent”), and the other financial institutions signatory hereto.
RECITALS
A. The Borrowers, the Administrative Agent and the Lenders are party to that certain Amended and Restated Credit Agreement dated as of August 25, 2008, as amended (as so amended, the “Credit Agreement”). Unless otherwise specified herein, capitalized terms used in this Amendment shall have the meanings ascribed to them by the Credit Agreement, as amended hereby.
B. The Borrowers, the Administrative Agent and the undersigned Lenders wish to amend the Credit Agreement on the terms and conditions set forth below.
Now, therefore, in consideration of the mutual execution hereof and other good and valuable consideration, the parties hereto agree as follows:
1. Amendments to Credit Agreement. Upon the “Effective Date” (as defined below), the Credit Agreement shall be amended as follows:
(a) The defined term “Consolidated EBIT” in Section 1.01 of the Credit Agreement is hereby deleted and replaced with the following:
“Consolidated EBIT” means, for any period, Consolidated Net Income from continuing operations for such period before deducting therefrom Consolidated Interest Expense for such period (to the extent deducted in arriving at Consolidated Net Income for such period) and provision for taxes based on income (including foreign withholding taxes imposed on interest or dividend payments and state single business, unitary or similar taxes imposed on net income) that were included in arriving at Consolidated Net Income for such period and without giving effect, without duplication, to (a) any extraordinary gains, extraordinary losses or other extraordinary non-cash charges or benefits, (b) any charges arising out of prepayments of the Senior Notes, (c) any gains or losses from sales of assets other than from sales of inventory in the ordinary course of business, (d) fees, expenses and charges incurred or recorded prior to December 31, 2008 in connection with the Acquisition, the Transactions or Divestiture Transactions up to an aggregate amount of $25,000,000, (e)
fees, expenses and charges incurred or recorded after December 31, 2008 and prior to December 31, 2009 in connection with Divestiture Transactions, (f) non-recurring cash severance and non-recurring cash restructuring charges (other than in connection with the Acquisition, the Transactions or Divestiture Transactions) incurred or recorded (i) after September 30, 2008 and on or prior to March 31, 2009 in an aggregate amount up to $25,400,000 and (ii) after March 31, 2009 and on or prior to December 31, 2009 in an aggregate amount up to $26,000,000, (g) non-recurring cash restructuring charges (other than in connection with the Acquisition, the Transactions, the Divestiture Transactions or as permitted by clause (f) of this definition) incurred or recorded on or prior to December 31, 2010 in an aggregate amount up to $20,000,000 and (h) non-recurring cash restructuring charges (other than in connection with the Acquisition, the Transactions, the Divestiture Transactions, as permitted by clause (f) of this definition or as permitted by clause (g) of this definition) incurred or recorded after December 31, 2010 in an aggregate amount up to $15,000,000.
(b) The defined term “Senior Note Documents” in Section 1.01 of the Credit Agreement is hereby deleted and replaced with the following:
“Senior Note Documents” means the Original Senior Note Documents, the Additional Senior Note Documents, and all other documents executed and delivered with respect any Indebtedness of the Borrower and its Subsidiaries (as applicable) incurred pursuant to Section 6.01(p) and/or 6.01(q) of this Agreement subsequent to the Amendment No. 3 Effective Date.
(c) The defined term “Senior Notes” in Section 1.01 of the Credit Agreement is hereby deleted and replaced with the following:
“Senior Notes” means the Original Senior Notes, the Additional Senior Notes and any other notes issued pursuant to the Senior Note Documents.
(d) Section 1.01 of the Credit Agreement is amended by adding the following definitions in appropriate alphabetical order:
“Additional Senior Note Documents” means the Additional Senior Note Indenture and all other documents executed and delivered with respect to the Additional Senior Notes or Additional Senior Note Indenture as in effect on the Amendment No. 3 Effective Date and as the same may be amended, restated, amended and restated, modified or supplemented from time to time in accordance with the terms hereof and thereof.
“Additional Senior Note Indenture” means the Indenture to be dated on or about the Amendment No. 3 Effective Date, among the Borrower and the other parties thereto, as in effect on the Amendment No. 3 Effective Date and as the same may
be amended, restated, amended and restated, modified or supplemented from time to time in accordance with the terms hereof and thereof.
“Additional Senior Notes” means the Borrower’s Senior Notes issued pursuant to the Additional Senior Note Indenture, as in effect on the Amendment No. 3 Effective Date and as the same may be amended, modified or supplemented from time to time in accordance with the terms hereof and thereof.
“Amendment No. 3” means that certain Amendment No. 3 to Credit Agreement dated as of January 21, 2010 by and among the Borrower, the Administrative Agent and the Lenders party thereto.
“Amendment No. 3 Effective Date” means the “Effective Date” as defined in Amendment No. 3.
“Original Senior Note Documents” means the Original Senior Note Indenture and all other documents executed and delivered with respect to the Original Senior Notes or Original Senior Note Indenture as in effect on the Effective Date and as the same may be amended, restated, amended and restated, modified or supplemented from time to time in accordance with the terms hereof and thereof.
“Original Senior Note Indenture” means the Indenture dated as of November 6, 2003, among the Borrower and the other parties thereto, as in effect on the Effective Date and as the same may be amended, restated, amended and restated, modified or supplemented from time to time in accordance with the terms hereof and thereof.
“Original Senior Notes” means the Borrower’s 7-1/8% Senior Notes due 2013, issued pursuant to the Original Senior Note Indenture, as in effect on the Effective Date and as the same may be amended, modified or supplemented from time to time in accordance with the terms hereof and thereof.
(e) Sub-clause (ii) of Section 5.01(c) of the Credit Agreement is hereby deleted and replaced with the following:
(ii) setting forth reasonably detailed calculations (x)(1) of the amount of “Permitted Indebtedness” (as described in part (2) of the definition thereof in the Original Senior Note Indenture) then outstanding and then permitted to be incurred by the terms of the Original Senior Note Indenture, (2) of the amount of “Permitted Indebtedness” (as described in part (2) of the definition thereof in the Additional Senior Note Indenture) then outstanding and then permitted to be incurred by the terms of the Additional Senior Note Indenture and (3) to the extent applicable, of the amount of “Permitted Indebtedness” (as defined in the applicable Senior Note Document) then outstanding and then permitted to be incurred under this Agreement pursuant to the terms of any other Senior Note Document and (y) demonstrating compliance with Sections 6.07, 6.08, 6.15, 6.16, 6.20 and, commencing with the fiscal quarter ending December 31, 2010, 6.21
(f) Section 6.01(b) of the Credit Agreement is hereby deleted and replaced with the following:
(b) Indebtedness existing on the Effective Date and set forth in Schedule 6.01, and any subsequently incurred Indebtedness under lines of credit to any Foreign Subsidiaries which were in effect on the Effective Date, as reduced by any permanent repayments of principal thereof, and extensions, renewals and replacements of any such Indebtedness to the extent that such extensions, renewals and replacements do not increase the principal amount or facility amount, as applicable, outstanding at the time of any such extension, renewal or replacement); provided, however, that, as applicable, such Indebtedness shall be repaid in full as indicated on Schedule 6.01;
(g) Section 6.01(i) of the Credit Agreement is hereby deleted and replaced with the following:
(i) Indebtedness of Foreign Subsidiaries of the Borrower under lines of credit to any such Foreign Subsidiary from Persons other than the Borrower or any of its Subsidiaries, the proceeds of which Indebtedness are used for such Foreign Subsidiary’s working capital and other general corporate purposes; provided that the aggregate principal amount of all such Indebtedness outstanding at any time for all such Foreign Subsidiaries (excluding Indebtedness existing on the Effective Date and set forth on Schedule 6.01, subsequently incurred Indebtedness under lines of credit to any Foreign Subsidiaries which were in effect on the Effective Date, and refinancings thereof by the applicable Subsidiary or another Subsidiary in the same country to the extent that such refinancings do not increase the amount of the applicable Indebtedness nor provide security not applicable to such scheduled or subsequently incurred Indebtedness, except to the extent secured and/or guaranteed by the Security Documents and/or the other applicable Credit Documents) shall not exceed $30,000,000;
(h) Section 6.01(n) of the Credit Agreement is hereby amended by deleting the number “$80,000,000” and replacing it with “$100,000,000”.
(i) Section 6.01(p) of the Credit Agreement is hereby amended by deleting the words “Senior Note Documents” and replacing them with “Original Senior Note Documents”.
(j) Section 6.05(i) of the Credit Agreement is hereby amended by deleting the number “$80,000,000” and replacing it with “$100,000,000”.
(k) Section 6.05(j) of the Credit Agreement is hereby amended by deleting the number “$80,000,000” and replacing it with “$100,000,000”.
(l) Sub-clause (vii)(B) of Section 6.05(m) of the Credit Agreement is hereby deleted and replaced with the following:
(B) the Borrower is in compliance with Sections 6.07, 6.08 and, commencing with the fiscal quarter ending December 31, 2010, 6.21, on a Pro Forma Basis
(m) Section 6.07 of the Credit Agreement is hereby deleted and replaced with the following:
SECTION 6.07 Minimum Consolidated Interest Coverage Ratio. The Borrower will not permit the Consolidated Interest Coverage Ratio for any fiscal quarter of the Borrower set forth below to be less than or equal to the ratio set forth opposite such fiscal quarter below:
Fiscal Quarter Ending |
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Ratio |
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June 30, 2009 |
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2.75:1.00 |
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June 30, 2010 |
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1.75:1.00 |
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June 30, 2011 |
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2.00:1.00 |
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June 30, 2012 |
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2.50:1.00 |
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June 30, 2013, |
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3.00:1.00 |
(n) Section 6.08 of the Credit Agreement is hereby deleted and replaced with the following:
SECTION 6.08 Maximum Consolidated Total Leverage Ratio. The Borrower will cause the Consolidated Total Leverage Ratio at all times during the fiscal quarters of the Borrower set forth below to be less than the ratio set forth opposite such fiscal quarter below:
Fiscal Quarter Ending |
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Ratio |
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June 30, 2009 |
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5.25:1.00 |
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June 30, 2010 |
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7.80:1.00 |
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June 30, 2011 |
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6.375:1.00 |
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June 30, 2012 |
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5.25:1.00 |
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June 30, 2013 |
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4.25:1.00 |
(o) Section 6.10 of the Credit Agreement is hereby deleted and replaced with the following:
SECTION 6.10. Restrictive Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, directly or indirectly, enter into, incur or permit to exist any agreement or other arrangement that prohibits, restricts or imposes any condition upon (a) the ability of the Borrower or any Subsidiary to create, incur or permit to exist any Lien upon any of its property or assets, or (b) the ability of any Subsidiary to pay dividends or other distributions with respect to any shares of its capital stock or to make or repay loans or advances to the Borrower or any other Subsidiary or to Guarantee Indebtedness of the Borrower or any other Subsidiary; provided that (i) the foregoing shall not apply to restrictions and conditions imposed by law or by this Agreement or the other Credit Documents or, only until the Initial Borrowing Date, restrictions or conditions imposed by any of the “Credit Documents” (as defined in the Existing Credit Agreement), (ii) the foregoing shall not apply to restrictions and conditions existing on the Effective Date identified on Schedule 6.10 (but shall apply to any extension or renewal of, or any amendment or modification expanding the scope of, any such restriction or condition), (iii) the foregoing shall not apply to
restrictions and conditions contained in the Additional Senior Note Documents as in effect on the Amendment No. 3 Effective Date (but shall apply to any extension or renewal of, or any amendment or modification expanding the scope of, any such restriction or condition) or any restrictions or conditions contained in any Senior Note Documents issued subsequent to the Amendment No. 3 Effective Date; provided that any Senior Note Documents issued subsequent to the Amendment No. 3 Effective Date pursuant to Section 6.01(q)(i) shall be on terms not materially less favorable to the Lenders, taken as a whole, than the terms of the Additional Senior Note Documents, (iv) the foregoing shall not apply to customary restrictions and conditions contained in agreements relating to the sale of a Subsidiary pending such sale, provided such restrictions and conditions apply only to the Subsidiary that is to be sold and such sale is permitted hereunder, (v) clause (a) of the foregoing shall not apply to restrictions or conditions imposed by any agreement relating to secured Indebtedness permitted by this Agreement if such restrictions or conditions apply only to the property or assets securing such Indebtedness and (vi) clause (a) of the foregoing shall not apply to customary provisions in leases and other contracts restricting the assignment thereof.
(p) Section 6.21 of the Credit Agreement is hereby deleted and replaced with the following:
SECTION 6.21 Maximum Consolidated Senior Secured Leverage Ratio. The Borrower will cause the Consolidated Senior Secured Leverage Ratio at all times during the fiscal quarters of the Borrower set forth below to be less than the ratio set forth opposite such fiscal quarter below:
Fiscal Quarter Ending |
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Ratio |
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December 31, 2010 |
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5.00:1.00 |
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June 30, 2011 |
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5.00:1.00 |
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June 30, 2012 |
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4.00:1.00 |
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June 30, 2013 |
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3.25:1.00 |
2. Representations, Warranties and Acknowledgments of the Borrowers. The Borrowers represent and warrant that:
(a) The execution, delivery and performance by the Borrowers of this Amendment have been duly authorized by all necessary corporate action and that this Amendment is a legal, valid and binding obligation of the Borrowers enforceable against the Borrowers in accordance with its terms, except as the enforcement thereof may be subject to the effect of any applicable bankruptcy, insolvency, reorganization, moratorium or similar law affecting creditors’ rights generally;
(b) Each of the representations and warranties contained in the Credit Agreement is true and correct in all material respects (except that any representation or warranty which is already qualified as to materiality or by reference to Material Adverse Effect is true and correct in all respects) on and as of the date hereof (other than representations and warranties that relate solely to an earlier date);
(c) After giving effect to this Amendment, no Default has occurred and is continuing.
(d) The Borrower’s receipt of the net proceeds from the issuance of the Additional Senior Notes constitutes a Prepayment Event under Section 2.12(c) of the Credit Agreement, and the Borrower shall apply such net proceeds to prepay outstanding Term A Borrowings and Term B Borrowings, ratably. Notwithstanding the 10 Business Day time period permitted by Section 2.12(c) of the Credit Agreement for the making of such prepayment, the Borrower shall use its reasonable best efforts to ensure that such prepayment is made promptly (and in any event within 2 Business Days) upon the Borrower’s receipt of the net proceeds from the issuance of the Additional Senior Notes.
(e) Attached hereto as Schedule I is a true and complete list of all lines of credit of the Foreign Subsidiaries of the Borrowers which were in effect on the Effective Date (as defined in the Credit Agreement).
3. Effective Date. This Amendment shall become effective upon the execution and delivery hereof by the Borrowers, the Administrative Agent and the Required Lenders (without respect to whether it has been executed and delivered by all the Lenders); provided that Section 1 hereof shall not become effective until the date (the “Effective Date”) when the following additional conditions have also been satisfied:
(a) Each of the Credit Parties shall have executed and delivered to the Administrative Agent a Reaffirmation of Guaranty and Collateral Documents in the form of Exhibit A hereto.
(b) The Administrative Agent shall have received an executed legal opinion from Xxxxx & Xxxxxxx LLP in form and substance satisfactory to the Administrative Agent. The Borrower hereby requests such counsel to deliver such opinion.
(c) The Borrower shall have paid (i) to the Administrative Agent for the ratable benefit of the Lenders consenting to this Amendment an amendment fee equal to ..075% of the aggregate Revolving Commitments and outstanding Term Loans of each such Lender, in each case determined as of the Effective Date (without giving effect to any prepayment of the Term Loans on the Effective Date), and (ii) to the Administrative Agent for its own account any other separately agreed fees relating hereto.
(d) The Administrative Agent shall have received evidence of the Borrower’s issuance of the Additional Senior Notes on terms not materially less favorable to the Lenders, taken as a whole, than the terms of the Original Senior Notes in an aggregate principal amount not less than $300,000,000.
(e) The Borrowers shall have provided such other corporate and other certificates, opinions, documents, instruments and agreements as the Administrative Agent may reasonably request.
The Administrative Agent shall notify the Borrower and the Lenders promptly of the occurrence of the Effective Date and such notice shall be conclusive and binding on all parties hereto. In the event the Effective Date has not occurred on or before the date that is ninety (90) from the initial date upon which the Required Lenders shall have consented to this Amendment, Section 1 hereof shall not become operative and shall be of no force or effect.
4. Reference to and Effect Upon the Credit Agreement.
(a) Except as specifically amended or waived above, the Credit Agreement and the other Credit Documents shall remain in full force and effect and are hereby ratified and confirmed in all respects.
(b) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent, the Collateral Agent or any Lender under the Credit Agreement or any other Credit Document, nor constitute a waiver of any provision of the Credit Agreement or any other Credit Document, except as specifically set forth herein. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended hereby.
(c) This Amendment shall be deemed to be a Credit Document for all purposes of the Credit Documents.
5. Costs and Expenses. The Borrower hereby affirms its obligations under Section 9.03 of the Credit Agreement to reimburse the Administrative Agent for all reasonable out-of-pocket expenses incurred by the Administrative Agent in connection with the preparation, negotiation, execution and delivery of this Amendment, including but not limited to the reasonable fees, charges and disbursements of attorneys for the Administrative Agent with respect thereto.
6. Governing Law. This Agreement shall be construed in accordance with and governed by the law (without regard to conflict of law provisions) of the State of New York.
7. Headings. Section headings in this Amendment are included herein for convenience of reference only and shall not constitute a part of this Amendment for any other purposes.
8. Counterparts. This Amendment may be executed in any number of counterparts, each of which when so executed shall be deemed an original but all such counterparts shall constitute one and the same instrument.
[SIGNATURE PAGES FOLLOW]
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and year first above written.
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THE MANITOWOC COMPANY, INC. |
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By |
/s/ Xxxxxxx X. Xxxxx |
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Name: |
Xxxxxxx X. Xxxxx |
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Title: |
Senior Vice President, General Counsel & Secretary |
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MANITOWOC EMEA HOLDING SARL |
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By |
/s/ Xxxxxxx X. Xxxxx |
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Name: |
Xxxxxxx X. Xxxxx |
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Title: |
Manager |
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MANITOWOC HOLDING ASIA SAS |
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By |
/s/ Xxxxxxx X. Xxxxx |
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Name: |
Xxxxxxx X. Xxxxx |
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Title: |
General Manager |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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JPMORGAN
CHASE BANK, N.A., individually |
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By |
/s/ Xxxx Xxxxx |
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Name: |
Xxxx Xxxxx |
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Title: |
V.P. |
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[ADDITIONAL LENDER SIGNATURE] |
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By |
AllianceBernstein Income Fund Inc. AllianceBernstein LP, as Manager |
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/s/ Xxxxxxx X. Xxxx |
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Name: |
XXXXXXX X. XXXX |
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Title: |
SENIOR VICE PRESIDENT |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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[ADDITIONAL LENDER SIGNATURE] |
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By
Xxxxxxx X. Xxxxxxxxx Funds, Inc. — Intermediate |
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AllianceBernstein LP, as Manager |
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/s/ Xxxxxxx X. Xxxx |
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Name: |
XXXXXXX X. XXXX |
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Title: |
SENIOR VICE PRESIDENT |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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[ADDITIONAL LENDER SIGNATURE] |
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By
Xxxxxxx X. Xxxxxxxxx Funds, Inc. II — |
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AllianceBernstein LP, as Manager |
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/s/ Xxxxxxx X. Xxxx |
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Name: |
XXXXXXX X. XXXX |
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Title: |
SENIOR VICE PRESIDENT |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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[ADDITIONAL LENDER SIGNATURE] |
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By
ABCLO 2007-1, Ltd. |
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/s/ Xxxxxxx X. Xxxx |
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Name: |
XXXXXXX X. XXXX |
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Title: |
SENIOR VICE PRESIDENT |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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[ADDITIONAL LENDER SIGNATURE] |
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By
AllianceBernstein Institutional Investments — |
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AllianceBernstein LP, as Manager |
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/s/ Xxxxxxx X. Xxxx |
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Name: |
XXXXXXX X. XXXX |
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Title: |
SENIOR VICE PRESIDENT |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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[ADDITIONAL LENDER SIGNATURE] |
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By
The Noranda Pension Funds Trust — Bond Fund |
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/s/ Xxxxxxx X. Xxxx |
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Name: |
XXXXXXX X. XXXX |
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Title: |
SENIOR VICE PRESIDENT |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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[ADDITIONAL LENDER SIGNATURE] |
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By
AllianceBerstein Global Bond Fund |
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/s/ Xxxxxxx X. Xxxx |
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Name: |
XXXXXXX X. XXXX |
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Title: |
SENIOR VICE PRESIDENT |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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[ADDITIONAL LENDER SIGNATURE] |
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By
AllianceBernstein Institutional Investments — |
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/s/ Xxxxxxx X. Xxxx |
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Name: |
XXXXXXX X. XXXX |
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Title: |
SENIOR VICE PRESIDENT |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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APOSTLE XXXXXX XXXXXX |
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By: |
Xxxxxx,
Xxxxxx & Company, L.P., |
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By: |
Xxxxxx,
Xxxxxx & Company, Incorporated, |
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By |
/s/ Xxxx XxXxxxxx |
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Name: |
Xxxx XxXxxxxx |
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Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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APOSTLE XXXXXX XXXXXX |
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As Lender |
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By: |
Xxxxxx, Xxxxxx & Company, L.P., |
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By: |
Xxxxxx, Xxxxxx & Company, Incorporated, |
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By |
/s/ Xxxx XxXxxxxx |
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Name: |
Xxxx XxXxxxxx |
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Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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CONFLUENT 4 LIMITED, |
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As Lender |
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By: |
Xxxxxx, Xxxxxx & Company, L.P., |
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By: |
Xxxxxx, Xxxxxx & Company, Incorporated, |
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By |
/s/ Xxxx XxXxxxxx |
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Name: |
Xxxx XxXxxxxx |
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Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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XXXXXX XXXXXX CLO I, LTD. |
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As Lender |
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By: |
Xxxxxx,
Xxxxxx & Company, L.P., |
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By: |
Xxxxxx Xxxxxx & Company, Incorporated, |
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By |
/s/ Xxxx XxXxxxxx |
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Name: |
Xxxx XxXxxxxx |
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Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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XXXXXX XXXXXX |
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LEVERAGED SENIOR LOAN FUND LTD., |
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As Lender |
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By: |
Xxxxxx,
Xxxxxx & Company, L.P., |
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By: |
Xxxxxx,
Xxxxxx & Company, Incorporated, |
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By |
/s/ Xxxx XxXxxxxx |
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Name: |
Xxxx XxXxxxxx |
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Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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THE XXXXXX XXXXXX |
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SENIOR LOAN FUND, LLC, |
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As Lender |
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By: |
Xxxxxx,
Xxxxxx & Company, L.P., |
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By: |
Xxxxxx,
Xxxxxx & Company, Incorporated, |
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By |
/s/ Xxxx XxXxxxxx |
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Name: |
Xxxx XxXxxxxx |
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Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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NATIXIS XXXXXX XXXXXX |
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SENIOR LOAN FUND, |
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As Lender |
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By: |
Xxxxxx,
Xxxxxx & Company, L.P., |
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By: |
Xxxxxx,
Xxxxxx & Company, Incorporated, |
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By |
/s/ Xxxx XxXxxxxx |
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Name: |
Xxxx XxXxxxxx |
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Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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[ADDITIONAL LENDER SIGNATURE] |
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Virtus Senior Floating Rate Fund |
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By |
/s/ Xxxxxx X. Xxxxxx |
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Name: |
Xxxxxx X. Xxxxxx, CFA |
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Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
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Golden Knight II CLO, Ltd., as Lender |
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By |
/s/ Xxxxxxxxx Xxxxxxx |
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Name: |
Xxxxxxxxx Xxxxxxx |
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Title: |
PORTFOLIO MANAGER |
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LORD XXXXXX & CO. LLC |
|
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AS COLLATERAL MANAGER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Lord
Xxxxxx Investment Trust — Lord Xxxxxx |
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By |
/s/ Xxxxxxxxx Xxxxxxx |
|
Name: |
Xxxxxxxxx Xxxxxxx |
|
Title: |
PORTFOLIO MANAGER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Global Leveraged Capital Credit Opportunity |
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Global Leveraged Capital Management, LLC, as |
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By |
/s/ Xxxxxxxxx Xxxxxxxx |
|
Name: |
Xxxxxxxxx Xxxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Bank
of America, N.A., successor by merger to |
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By |
/s/ Xxxxx Xxxxxxxx |
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Name: |
Xxxxx Xxxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
NATIONWIDE
LIFE INSURANCE |
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By |
/s/ Xxxxxx X. Xxxxxxx |
|
Name: |
Xxxxxx X. Xxxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KKR Financial CLO 2005-1, Ltd. |
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By |
/s/ Xxxx Xxxxxxxx |
|
Name: |
Xxxx Xxxxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KKR Financial CLO 2005-2, Ltd. |
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By |
/s/ Xxxx Xxxxxxxx |
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Name: |
Xxxx Xxxxxxxx |
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Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KKR Financial CLO 2006-1, Ltd. |
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By |
/s/ Xxxx Xxxxxxxx |
|
Name: |
Xxxx Xxxxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KKR Financial CLO 2007-1, Ltd. |
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By |
/s/ Xxxx Xxxxxxxx |
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Name: |
Xxxx Xxxxxxxx |
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Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KKR Financial CLO 2007-A, Ltd. |
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By |
/s/ Xxxx Xxxxxxxx |
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Name: |
Xxxx Xxxxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KKR FI Partners I L.P. |
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By |
/s/ Xxxx Xxxxxxxx |
|
Name: |
Xxxx Xxxxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Oregon Public Employees Retirement Fund |
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By |
/s/ Xxxx Xxxxxxxx |
|
Name: |
Xxxx Xxxxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
CREDIT INDUSTRIEL ET COMMERCIAL |
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By |
/s/ Guirec Penhoat |
|
Name: |
Guirec PENHOAT |
|
Title: |
Directeur des Grandes Entreprises |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LATITUDE CLO I, LTD |
|
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By |
/s/ Xxxx Xxxxxxx |
|
Name: |
Xxxx Xxxxxxx |
|
Title: |
Senior Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LATITUDE CLO II, LTD |
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By |
/s/ Xxxx Xxxxxxx |
|
Name: |
Xxxx Xxxxxxx |
|
Title: |
Senior Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LATITUDE CLO III, LTD |
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By |
/s/ Xxxx Xxxxxxx |
|
Name: |
Xxxx Xxxxxxx |
|
Title: |
Senior Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
GANNETT PEAK CLO I, LTD. |
|
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By:
XxXxxxxxx Investment Management, LLC, |
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By |
/s/ Xxxxxxxx X. Xxxx |
|
Name: |
Xxxxxxxx X. Xxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
ILLINOIS STATE BOARD OF INVESTMENT |
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By:
XxXxxxxxx Investment Management, LLC, |
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By |
/s/ Xxxxxxxx X. Xxxx |
|
Name: |
Xxxxxxxx X. Xxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LIBERTY MUTUAL INSURANCE COMPANY |
|
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By |
/s/ Xxxxxx Xxxxxxxx |
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Name: |
Xxxxxx Xxxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LIBERTY MUTUAL FIRE INSURANCE COMPANY |
|
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By |
/s/ Xxxxxx Xxxxxxxx |
|
Name: |
Xxxxxx Xxxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
EMPLOYERS INSURANCE COMPANY OF WAUSAU |
|
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By |
/s/ Xxxxxx Xxxxxxxx |
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Name: |
Xxxxxx Xxxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
BANK OF NOVA SCOTIA |
|
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By |
/s/ Xxxxx Xxxxx |
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Name: |
Xxxxx Xxxxx |
|
Title: |
Director |
|
SCOTIABANK EUROPE PLC |
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By |
/s/ Xxxx X’ Xxxxxx |
|
Name: |
Xxxx X’ Xxxxxx |
|
Title: |
Head of Credit Administration |
|
KINGSLAND I, LTD. |
|
|
By:
Kingsland Capital Management, LLC as |
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By |
/s/ Xxxxxxx Xxxxx |
|
Name: |
Xxxxxxx Xxxxx |
|
Title: |
Authorized Officer |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KINGSLAND II, LTD. |
|
|
By:
Kingsland Capital Management, LLC as |
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By |
/s/ Xxxxxxx Xxxxx |
|
Name: |
Xxxxxxx Xxxxx |
|
Title: |
Authorized Officer |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KINGSLAND III, LTD. |
|
|
By:
Kingsland Capital Management, LLC as |
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By |
/s/ Xxxxxxx Xxxxx |
|
Name: |
Xxxxxxx Xxxxx |
|
Title: |
Authorized Officer |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KINGSLAND IV, LTD. |
|
|
By:
Kingsland Capital Management, LLC as |
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By |
/s/ Xxxxxxx Xxxxx |
|
Name: |
Xxxxxxx Xxxxx |
|
Title: |
Authorized Officer |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KINGSLAND V, LTD. |
|
|
By:
Kingsland Capital Management, LLC as |
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By |
/s/ Xxxxxxx Xxxxx |
|
Name: |
Xxxxxxx Xxxxx |
|
Title: |
Authorized Officer |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
ROSEDALE CLO LTD. |
|
|
By:
Princeton Advisory Group, Inc. |
|
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By |
/s/ Xxxxx X’ Xxxxxxx |
|
Name: |
Xxxxx X’ Xxxxxxx |
|
Title: |
Senior Credit Analyst |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
ROSEDALE CLO II LTD. |
|
|
By:
Princeton Advisory Group, Inc. |
|
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|
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|
|
By |
/s/ Xxxxx X’ Xxxxxxx |
|
Name: |
Xxxxx X’ Xxxxxxx |
|
Title: |
Senior Credit Analyst |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LightPoint CLO III, Ltd. as Lender |
|
|
By
Xxxxxxxxx Xxxxxx Fixed Income LLC as |
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|
By |
/s/ Xxxxx Xxxxxx |
|
Name: |
Xxxxx Xxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LightPoint CLO IV, Ltd. as Lender |
|
|
By Xxxxxxxxx Xxxxxx
Fixed Income LLC as |
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|
|
By |
/s/ Xxxxx Xxxxxx |
|
Name: |
Xxxxx Xxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LightPoint CLO V, Ltd. as Lender |
|
|
By Xxxxxxxxx Xxxxxx
Fixed Income LLC as |
|
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|
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|
|
|
By |
/s/ Xxxxx Xxxxxx |
|
Name: |
Xxxxx Xxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LightPoint CLO VII, Ltd. as Lender |
|
|
By Xxxxxxxxx Xxxxxx
Fixed Income LLC as |
|
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|
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|
|
By |
/s/ Xxxxx Xxxxxx |
|
Name: |
Xxxxx Xxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LightPoint CLO VIII, Ltd. as Lender |
|
|
By Xxxxxxxxx Xxxxxx Fixed
Income LLC as |
|
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|
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|
By |
/s/ Xxxxx Xxxxxx |
|
Name: |
Xxxxx Xxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Marquette US/European CLO, Plc. as Lender |
|
|
By Xxxxxxxxx Xxxxxx Fixed
Income LLC as |
|
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|
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|
|
By |
/s/ Xxxxx Xxxxxx |
|
Name: |
Xxxxx Xxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Airlie CLO 2006-I, Ltd. as Lender |
|
|
By Xxxxxxxxx Xxxxxx Fixed
Income LLC as |
|
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|
|
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|
By |
/s/ Xxxxx Xxxxxx |
|
Name: |
Xxxxx Xxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxxxxxx Xxxxxx – Floating Rate Income Fund as Lender |
|
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|
|
By |
/s/ Xxxxx Xxxxxx |
|
Name: |
Xxxxx Xxxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Carlyle High Yield Partners VII, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxx |
|
Name: |
Xxxxx Xxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Carlyle High Yield Partners X, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxx |
|
Name: |
Xxxxx Xxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Carlyle High Yield Partners VIII, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxx |
|
Name: |
Xxxxx Xxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Carlyle High Yield Partners IX, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxx |
|
Name: |
Xxxxx Xxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Carlyle High Yield Partners VI, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxx |
|
Name: |
Xxxxx Xxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Carlyle Credit Partners Financing I, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxx |
|
Name: |
Xxxxx Xxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
XXXXX XXX COMMERCIAL BANK, LTD., |
|
|
NEW YORK BRANCH |
|
|
|
|
|
|
|
|
By |
/s/ Xxxx X.X. Xxxx |
|
Name: |
Xxxx X.X. Xxxx |
|
Title: |
VP& General Manager |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
DEUTSCHE BANK AG NEW YORK BRANCH |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxxx Xxxxxx |
|
Name: |
Xxxxxxxxxx Xxxxxx |
|
Title: |
Director |
|
|
|
|
|
|
|
By |
/s/ Xxxxxxx Xxxxxxxx |
|
Name: |
Xxxxxxx Xxxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
BLT 18 LLC |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxx |
|
Name: |
Xxxxxx Xxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
CREDIT INDUSTRIEL ET COMMERCIAL, |
|
|
as Additional Lender |
|
|
|
|
|
|
|
|
By |
/s/ Xxxx Xxxxxxx |
|
Name: |
Xxxx Xxxxxxx |
|
Title: |
Vice President |
|
|
|
|
|
|
|
By |
/s/ Nicolas Courtaigne |
|
Name: |
Nicolas Courtaigne |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LANDMARK III CDO LIMITED |
|
|
By Aladdin Capital Management LLC as Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxx X. Xxxxx |
|
Name: |
Xxxxxxxxx X. Xxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LANDMARK IV CDO LIMITED |
|
|
By Aladdin Capital Management LLC as Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxx X. Xxxxx |
|
Name: |
Xxxxxxxxx X. Xxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LANDMARK V CDO LIMITED |
|
|
By Aladdin Capital Management LLC as Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxx X. Xxxxx |
|
Name: |
Xxxxxxxxx X. Xxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LANDMARK VI CDO LIMITED |
|
|
By Aladdin Capital Management LLC as Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxx X. Xxxxx |
|
Name: |
Xxxxxxxxx X. Xxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LANDMARK VII CDO LIMITED |
|
|
By Aladdin Capital Management LLC as Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxx X. Xxxxx |
|
Name: |
Xxxxxxxxx X. Xxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LANDMARK VIII CLO LIMITED |
|
|
By Aladdin Capital Management LLC as Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxx X. Xxxxx |
|
Name: |
Xxxxxxxxx X. Xxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LANDMARK IX CDO LIMITED |
|
|
By Aladdin Capital Management LLC as Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxx X. Xxxxx |
|
Name: |
Xxxxxxxxx X. Xxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
GREYROCK CDO, LTD. |
|
|
By Aladdin Capital Management LLC as Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxx X. Xxxxx |
|
Name: |
Xxxxxxxxx X. Xxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Aladdin Flexible Investment Fund SPC, Series 2007-1 |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxx X. Xxxxx |
|
Name: |
Xxxxxxxxx X. Xxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Aladdin Flexible Investment Fund Series SPC 2008-1 |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxx X. Xxxxx |
|
Name: |
Xxxxxxxxx X. Xxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Aladdin Flexible Investment Fund SPC Series 2008-2 |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxx X. Xxxxx |
|
Name: |
Xxxxxxxxx X. Xxxxx |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
WATERFRONT CLO 2007-1, LTD. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx X. Xxxxx |
|
Name: |
Xxxxxx X. Xxxxx |
|
Title: |
President |
|
|
Grandview Capital Management, LLC |
|
|
As Investment Manager |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Galaxy CLO 2003-1, Ltd. |
|
|
By: PineBridge Investments LLC |
|
|
Its Collateral Manager |
|
|
|
|
|
Galaxy CLO III, Ltd. |
|
|
By: PineBridge Investments LLC |
|
|
Its Collateral Manager |
|
|
|
|
|
Galaxy CLO IV, Ltd. |
|
|
By: PineBridge Investments LLC |
|
|
Its Collateral Manager |
|
|
|
|
|
Galaxy CLO V, Ltd. |
|
|
By: PineBridge Investments LLC |
|
|
Its Collateral Manager |
|
|
|
|
|
Galaxy CLO VI, Ltd. |
|
|
By: PineBridge Investments LLC |
|
|
Its Collateral Manager |
|
|
|
|
|
Galaxy CLO VII, Ltd. |
|
|
By: PineBridge Investments LLC |
|
|
Its Collateral Manager |
|
|
|
|
|
Galaxy CLO VIII, Ltd. |
|
|
By: PineBridge Investments LLC |
|
|
Its Collateral Manager |
|
|
|
|
|
Galaxy CLO X, Ltd. |
|
|
By: PineBridge Investments LLC |
|
|
Its Collateral Manager |
|
|
|
|
|
Saturn CLO, Ltd. |
|
|
By: PineBridge Investments LLC |
|
|
Its Collateral Manager |
|
|
|
|
|
AIG Bank Loan Fund, Ltd. |
|
|
By: PineBridge Investments LLC |
|
|
Its Investment Manager |
|
|
|
|
|
American International Group, Inc. |
|
|
By: PineBridge Investments LLC |
|
|
Its Investment Adviser |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxxxxxxx |
|
Name: |
Xxxxx Xxxxxxxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Mountain Capital CLO III Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxx Xxxxx |
|
Name: |
Xxxxxxxx Xxxxx |
|
Title: |
Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Mountain Capital CLO IV Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxx Xxxxx |
|
Name: |
Xxxxxxxx Xxxxx |
|
Title: |
Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Mountain Capital CLO V Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxx Xxxxx |
|
Name: |
Xxxxxxxx Xxxxx |
|
Title: |
Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Mountain Capital CLO VI Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxx Xxxxx |
|
Name: |
Xxxxxxxx Xxxxx |
|
Title: |
Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
PPM Monarch Bay Funding LLC |
|
|
|
|
|
|
|
|
By |
/s/ Xxxx X Xxxxx |
|
Name: |
Xxxx X Xxxxx |
|
Title: |
Assistant Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
PPM Shadow Creek Funding LLC |
|
|
|
|
|
|
|
|
By |
/s/ Xxxx X Xxxxx |
|
Name: |
Xxxx X Xxxxx |
|
Title: |
Assistant Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
SERVES 2006-1, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxx |
|
|
PPM America, Inc., as Collateral Manager |
|
Name: |
Xxxxx X. Xxxxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
PPM GRAYHAWK CLO, LTD. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxx |
|
|
PPM America, Inc., as Collateral Manager |
|
Name: |
Xxxxx X. Xxxxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
PPM America, Inc., as Attorney-in-fact, on behalf |
|
|
of Xxxxxxx National Life Insurance Company |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxx |
|
Name: |
Xxxxx X. Xxxxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
PACIFIC LIFE INSURANCE COMPANY |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Assistant Vice President |
|
|
|
|
|
|
|
By |
/s/ Xxxx X. XxXxxxxx |
|
Name: |
Xxxx X. XxXxxxxx |
|
Title: |
Assistant Secretary |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KDP Asset Management for |
|
|
Xxxxxxxx Xxxxxx Marital Trust |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. News |
|
Name: |
Xxxxx X. News |
|
Title: |
Sr. Portfolio Manager |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KDP Asset Management for |
|
|
Boeing
Co. Employees Retirement Plans Master |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. News |
|
Name: |
Xxxxx X. News |
|
Title: |
Sr. Portfolio Manager |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KDP Asset Management for |
|
|
State Retirement and Pension System of Maryland |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. News |
|
Name: |
Xxxxx X. News |
|
Title: |
Sr. Portfolio Manager |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KDP Asset Management for |
|
|
Vermont Pension Investment Committee |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. News |
|
Name: |
Xxxxx X. News |
|
Title: |
Sr. Portfolio Manager |
[Amendment No. 3 to Amended and Restated Credit Agreement]
NYLIM Flatiron CLO 2003-1 Ltd. |
|
[ADDITIONAL LENDER SIGNATURE] |
||||||
|
|
|
||||||
By: |
New York Life Investment Management LLC, |
|
|
|||||
|
as Collateral Manager and Attorney-in-Fact |
|
By |
|
||||
|
|
Name: |
|
|||||
By: |
/s/ Xxxxxx X. Xxxxx |
|
Title: |
|
||||
|
Name: |
XXXXXX X. XXXXX |
|
|
|
|||
|
Title: |
VICE PRESIDENT |
|
|
|
|||
|
|
|
|
|
|
|||
|
|
|
||||||
NYLIM Flatiron CLO 2004-1 Ltd. |
|
Flatiron CLO 2007-1 Ltd. |
||||||
|
|
|
||||||
By: |
New York Life Investment
Management LLC, |
|
By: |
New York Life Investment
Management, LLC, |
||||
|
|
|
|
|
||||
|
|
|
||||||
By: |
/s/ Xxxxxx X. Xxxxx |
|
By: |
/s/ Xxxxxx X. Xxxxx |
||||
|
Name: |
XXXXXX X. XXXXX |
|
|
Name: |
XXXXXX X. XXXXX |
||
|
Title: |
VICE PRESIDENT |
|
|
Title: |
VICE PRESIDENT |
||
|
|
|
|
|
|
|||
|
|
|
||||||
NYLIM Flatiron CLO 2005-1 Ltd. |
|
NYLIM Flatiron CLO 2006-1 Ltd. |
||||||
|
|
|
||||||
By: |
New York Life Investment
Management LLC, |
|
By: |
New York Life Investment
Management LLC, |
||||
|
|
|
||||||
By: |
/s/ Xxxxxx X. Xxxxx |
|
By: |
/s/ Xxxxxx X. Xxxxx |
||||
|
Name: |
XXXXXX X. XXXXX |
|
|
Name: |
XXXXXX X. XXXXX |
||
|
Title: |
VICE PRESIDENT |
|
|
Title: |
VICE PRESIDENT |
||
|
|
|
|
|
||||
|
|
|
|
|
||||
SILVERADO CLO 2006-II LIMITED |
|
|
NYLIM Institutional Floating Rate Fund L.P. |
|||||
|
|
|
|
|
||||
By: |
New York Life Investment
Management LLC, |
|
|
By: |
New York Life Investment
Management LLC, |
|||
|
|
|
|
|
|
|||
By: |
/s/ Xxxxxx X. Xxxxx |
|
|
By: |
/s/ Xxxxxx X. Xxxxx |
|||
|
Name: |
XXXXXX X. XXXXX |
|
|
|
Name: |
XXXXXX X. XXXXX |
|
|
Title: |
VICE PRESIDENT |
|
|
|
Title: |
VICE PRESIDENT |
|
|
|
|
|
|
|
|||
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
|
[ADDITIONAL LENDER SIGNATURE] |
||||||||||
|
|
|||||||||||
MainStay Floating Rate Fund, |
|
|||||||||||
a series of Eclipse Funds, Inc. |
|
|||||||||||
|
|
By |
|
|||||||||
By: |
New York Life Investment Management LLC, |
|
Name: |
|
||||||||
|
its Investment Manager |
|
Title: |
|
||||||||
|
|
|||||||||||
By: |
/s/ Xxxxxx X. Xxxxx |
|
|
|||||||||
|
Name: |
XXXXXX X. XXXXX |
|
|
||||||||
|
Title: |
VICE PRESIDENT |
|
|
||||||||
|
|
|
|
|||||||||
|
|
|||||||||||
MainStay VP Floating Rate Portfolio, |
|
|||||||||||
a series of MainStay VP Series Fund, Inc. |
|
|||||||||||
|
|
|||||||||||
By: |
New York Life Investment
Management LLC, |
|
|
|||||||||
|
|
|
|
|||||||||
|
|
|||||||||||
|
By: |
/s/ Xxxxxx X. Xxxxx |
|
|
||||||||
|
|
Name: |
XXXXXX X. XXXXX |
|
|
|||||||
|
|
Title: |
VICE PRESIDENT |
|
|
|||||||
|
|
|
|
|||||||||
|
|
|
|
|||||||||
|
New York Life Insurance Company |
|
|
|||||||||
|
|
|
|
|||||||||
|
|
|
|
|||||||||
|
By: |
/s/ Xxxxxx X. Xxxxx |
|
|
||||||||
|
|
Name: |
XXXXXX X. XXXXX |
|
|
|||||||
|
|
Title: |
VICE PRESIDENT |
|
|
|||||||
|
|
|
|
|
|
|||||||
|
|
|
|
|||||||||
|
New York Life Insurance and Annuity Corporation |
|
|
|||||||||
|
|
|
|
|||||||||
|
By: |
New York Life Investment
Management LLC, |
|
|
||||||||
|
|
|
|
|||||||||
|
By: |
/s/ Xxxxxx X. Xxxxx |
|
|
||||||||
|
|
Name: |
XXXXXX X. XXXXX |
|
|
|||||||
|
|
Title: |
VICE PRESIDENT |
|
|
|||||||
|
|
|
|
|||||||||
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
U.S. Bank National Association |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxxxx |
|
Name: |
Xxxxx Xxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LCM I LIMITED PARTNERSHIP |
||
|
|
||
|
By: |
Lyon
Capital Management LLC, |
|
|
|
||
|
|
||
|
By |
/s/ Xxxxxx X. Xxxxx |
|
|
Name: |
LYON CAPITAL MANAGEMENT LLC |
|
|
Title: |
Xxxxxx X. Xxxxx |
|
|
|
Portfolio Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LCM II LIMITED PARTNERSHIP |
||
|
|
||
|
By: |
Lyon
Capital Management LLC, |
|
|
|
||
|
|
||
|
By |
/s/ Xxxxxx X. Xxxxx |
|
|
Name: |
LYON CAPITAL MANAGEMENT LLC |
|
|
Title: |
Xxxxxx X. Xxxxx |
|
|
|
Portfolio Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LCM III, Ltd. |
||
|
|
||
|
By: |
Lyon
Capital Management LLC, |
|
|
|
||
|
|
||
|
By |
/s/ Xxxxxx X. Xxxxx |
|
|
Name: |
LYON CAPITAL MANAGEMENT LLC |
|
|
Title: |
Xxxxxx X. Xxxxx |
|
|
|
Portfolio Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LCM IV, Ltd. |
||
|
|
||
|
By: |
Lyon
Capital Management LLC, |
|
|
|
||
|
|
||
|
By |
/s/ Xxxxxx X. Xxxxx |
|
|
Name: |
LYON CAPITAL MANAGEMENT LLC |
|
|
Title: |
Xxxxxx X. Xxxxx |
|
|
|
Portfolio Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LCM V LTD. |
||
|
|
||
|
By: |
Lyon
Capital Management LLC, |
|
|
|
||
|
|
||
|
By |
/s/ Xxxxxx X. Xxxxx |
|
|
Name: |
LYON CAPITAL MANAGEMENT LLC |
|
|
Title: |
Xxxxxx X. Xxxxx |
|
|
|
Portfolio Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LCM VI, Ltd. |
||
|
|
||
|
By: |
Lyon
Capital Management LLC, |
|
|
|
||
|
|
||
|
By |
/s/ Xxxxxx X. Xxxxx |
|
|
Name: |
LYON CAPITAL MANAGEMENT LLC |
|
|
Title: |
Xxxxxx X. Xxxxx |
|
|
|
Portfolio Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Ameriprise Certificate Company |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Assistant Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Ameriprise Financial, Inc. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Assistant Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
California Public Employees’ |
|
|
Retirement System |
|
|
By: RiverSource Investments, LLC, |
|
|
its agent |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Assistant Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
RiverSource Blond Series, Inc. - |
|
|
RiverSource Floating Rate Fund |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Assistant Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
RiverSource Institutional |
|
|
Leveraged Loan Fund II, L.P. |
|
|
|
|
|
By: RiverSource Investments, LLC |
|
|
As Investment Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Assistant Secretary |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
RiverSource Life Insurance Company |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Assistant Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
RiverSource Strategic Allocation |
|
|
Series, Inc. - RiverSource Strategic |
|
|
Income Allocation Fund |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Assistant Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Centurion CDO VI, Ltd. |
|
|
By: RiverSource Investments, |
|
|
LLC as Collateral Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Director of Operations |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Centurion CDO VII Limited |
|
|
By: RiverSource Investments, |
|
|
LLC as Collateral Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Director of Operations |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Centurion CDO 8 Limited |
|
|
By: RiverSource Investments, |
|
|
LLC as Collateral Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Director of Operations |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Centurion CDO 9 Limited |
|
|
By: RiverSource Investments, |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Director of Operations |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Cent CDO 10 Limited |
|
|
By: RiverSource Investments, |
|
|
LLC as Collateral Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Director of Operations |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Cent CDO XI Limited |
|
|
By: RiverSource Investments, |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Director of Operations |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Cent CDO 12 Limited |
|
|
By: RiverSource
Investments, |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Director of Operations |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Cent CDO 14 Limited |
|
|
By: RiverSource
Investments, |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Director of Operations |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Cent CDO 15 Limited |
|
|
By: RiverSource
Investments, |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxxx |
|
Name: |
Xxxxx X. Xxxxxxx |
|
Title: |
Assistant Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
SOCIETE GENERALE |
|
|
|
|
|
|
|
|
By |
/s/ X. Xxxxxx |
|
Name: |
X. Xxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
XXXXXX XXXXXXX SENIOR FUNDING, INC. |
|
|
|
|
|
|
|
|
By |
/s/ RyanVetsch |
|
Name: |
RyanVetsch |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
UniCredit Bank AG, New
York Branch (fka |
|
|
|
|
|
|
|
|
By |
/s/ Xxx Xxxxxxxx |
|
Name: |
Xxx Xxxxxxxx |
|
Title: |
Director |
|
|
|
|
|
|
|
By |
/s/ Xxxxxxx Xxxxxxxx |
|
Name: |
Xxxxxxx Xxxxxxxx |
|
Title: |
Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
VENTURE III CDO LIMITED |
|
|
By its investment advisor,
|
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxxx |
|
Name: |
Xxxxxx Xxxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
VENTURE IV CDO LIMITED |
|
|
By its investment advisor,
|
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxxx |
|
Name: |
Xxxxxx Xxxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
VENTURE V CDO LIMITED |
|
|
By its investment advisor,
|
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxxx |
|
Name: |
Xxxxxx Xxxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
VENTURE VI CDO LIMITED |
|
|
By its investment advisor,
|
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxxx |
|
Name: |
Xxxxxx Xxxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
VENTURE VII CDO LIMITED |
|
|
By its investment advisor,
|
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxxx |
|
Name: |
Xxxxxx Xxxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
VENTURE VIII CDO LIMITED |
|
|
By its investment advisor,
|
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxxx |
|
Name: |
Xxxxxx Xxxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
VENTURE IX CDO LIMITED |
|
|
By its investment advisor,
|
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxxx |
|
Name: |
Xxxxxx Xxxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxxxxxxxx Senior Floating Rate Fund |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxxxx |
|
Name: |
Xxxxx Xxxxxx |
|
Title: |
AVP |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxxxxxxxx Master Loan Fund, LLC |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxxxx |
|
Name: |
Xxxxx Xxxxxx |
|
Title: |
AVP |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
HarbourView CLO 2006-1 |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxxxx |
|
Name: |
Xxxxx Xxxxxx |
|
Title: |
AVP |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Del Mar CLO I, Ltd. |
||
|
By:
Xxxxxxx-Xxxxxx Capital Management, LLC. |
||
|
|
||
|
|
||
|
By: |
/s/ Xxx Xxxxx |
|
|
|
Name: |
Xxx Xxxxx |
|
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
M&I Xxxxxxxx & Xxxxxx Bank |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx X. Xxxxx |
|
Name: |
Xxxxxx X. Xxxxx |
|
Title: |
VP |
|
|
|
|
|
|
|
By |
/s/ Xxxxx X. Xxxxxx |
|
Name: |
Xxxxx X. Xxxxxx |
|
Title: |
SVP |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
XXXXX FARGO BANK, NATIONAL |
|
|
as a Lender |
|
|
|
|
|
|
|
|
By: |
/s/ Xxxx X. Xxxxxxxxxx |
|
Name: |
Xxxx X. Xxxxxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
CATERPILLAR FINANCIAL
SERVICES |
|
|
|
|
|
|
|
|
By: |
/s/ Xxxxxxx X. Xxxx |
|
Name: |
Xxxxxxx X. Xxxx |
|
Title: |
Credit & Operations Manager - Syndications |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
AS LENDERS: |
|
|
|
|
|
San Bernardino County
Employees’ Retirement |
|
|
|
|
|
MacKay Xxxxxxx Short Duration Alpha Fund |
|
|
|
|
|
New York Life Insurance
Company (Guaranteed |
|
|
|
|
|
New York Life Insurance
Company, GP - Portable |
|
|
|
|
|
UBS PACE Select Advisors
Trust – UBS PACE |
|
|
|
|
|
Houston Police Officers’ Pension System |
|
|
|
|
|
MacKay Xxxxxxx Core Plus Alpha Fund Ltd. |
|
|
|
|
|
Northrop Grumman Pension Master Trust |
|
|
|
|
|
|
|
|
By: MacKay Xxxxxxx LLC as
Investment Advisor |
|
|
|
|
|
By: |
/s/ Xxx Xxxxxxx |
|
|
Xxx Xxxxxxx |
|
|
Senior Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Grand Central Asset Trust, LBAM Series |
|
|
|
|
|
|
|
|
By |
/s/ Xxxx Xxxxxx |
|
Name: |
Xxxx Xxxxxx |
|
Title: |
Attorney-In-Fact |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Eagle Creek CLO, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxxxxx |
|
Name: |
Xxxxx Xxxxxxx |
|
Title: |
Authorised Xxxxxx |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
NAVIGARE FUNDING I CLO LTD |
||
|
|
By: Navigare Partners LLC |
|
|
|
its collateral manager, as Lender |
|
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|
By: |
/s/ Xxxx X. Xxxxxxxxxxx |
|
|
|
Name: |
Xxxx X. Xxxxxxxxxxx |
|
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
NAVIGARE FUNDING II CLO LTD |
||
|
|
By: Navigare Partners LLC |
|
|
|
its collateral manager, as Lender |
|
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|
|
By: |
/s/ Xxxx X. Xxxxxxxxxxx |
|
|
|
Name: |
Xxxx X. Xxxxxxxxxxx |
|
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
NAVIGARE FUNDING III CLO LTD |
||
|
|
By: Navigare Partners LLC |
|
|
|
as collateral manager, as Lender |
|
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|
By: |
/s/ Xxxx X. Xxxxxxxxxxx |
|
|
|
Name: |
Xxxx X. Xxxxxxxxxxx |
|
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
FIFTH THIRD BANK |
|
|
|
|
|
|
|
|
By |
/s/ Xxx Xxxxx |
|
Name: |
Xxx Xxxxx |
|
Title: |
Assistant Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Associated Bank, N.A. |
|
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|
By |
/s/ Xxxxxx Xxxxxxxxx |
|
Name: |
Xxxxxx Xxxxxxxxx |
|
Title: |
Vice President – Senior Lender |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Name of Institution: |
|
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|
SunAmerica Senior Floating
Rate Fund, Inc. |
|
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|
By: |
Wellington Management
Company, LLP, |
|
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|
|
|
|
|
By: |
/s/ Xxxxxx X. Xxxxx |
|
|
Xxxxxx X. Xxxxx |
|
|
Vice President and Counsel |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Axa Investment Managers Paris S.A. on behalf of: |
|
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|
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Confluent 5 Limited |
|
|
Matignon Derivatives Loans |
|
|
MATIGNON LEVERAGED LOANS LIMITED |
|
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|
|
By |
/s/ Xxxxxxx Xxxxxxx |
|
Name: |
Xxxxxxx Xxxxxxx |
|
Title: |
Head of leveraged loan research |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
The Sumitomo Trust and
Banking Co., Ltd., |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxx X. Xxxxx |
|
Name: |
XXXXXXX X. XXXXX |
|
Title: |
SENIOR DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
NATIXIS |
|
|
|
|
|
|
|
|
By |
/s/ Pieter van Tulder |
|
Name: |
Pieter van Tulder |
|
Title: |
Managing Director |
|
|
|
|
|
|
|
By |
/s/ Nicolas Regent |
|
Name: |
Nicolas Regent |
|
Title: |
Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Flagship CLO III |
||
|
By: Deutsche Investment
Management Americas, Inc. As Sub-Adviser |
||
|
|
||
|
|
||
|
By: |
/s/ Xxxx X. Xxxxx |
|
|
|
Xxxx X. Xxxxx, Managing Director |
|
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|
|
|
|
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|
|
|
By: |
/s/ Xxxxxx Xxxxxxxxx |
|
|
Name: |
Xxxxxx Xxxxxxxxx |
|
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Flagship CLO IV |
||
|
By: Deutsche Investment
Management Americas, Inc. As Sub-Adviser |
||
|
|
||
|
|
||
|
By: |
/s/ Xxxx X. Xxxxx |
|
|
|
Xxxx X. Xxxxx, Managing Director |
|
|
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxxxxx Xxxxxxxxx |
|
|
Name: |
Xxxxxx Xxxxxxxxx |
|
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Flagship CLO V |
||
|
By: Deutsche Investment
Management Americas, Inc. As Collateral Manager |
||
|
|
||
|
|
||
|
By: |
/s/ Xxxx X. Xxxxx |
|
|
|
Xxxx X. Xxxxx, Managing Director |
|
|
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxxxxx Xxxxxxxxx |
|
|
Name: |
Xxxxxx Xxxxxxxxx |
|
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Flagship CLO VI |
||
|
By: |
Deutsche Investment
Management Americas, Inc. |
|
|
|
||
|
|
||
|
By: |
/s/ Xxxx X. Xxxxx |
|
|
|
Xxxx X. Xxxxx, Managing Director |
|
|
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxxxxx Xxxxxxxxx |
|
|
Name: |
Xxxxxx Xxxxxxxxx |
|
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
DWS Floating Rate Plus Fund |
||
|
By: |
Deutsche Investment
Management Americas, Inc. |
|
|
|
||
|
|
||
|
By: |
/s/ Xxxx X. Xxxxx |
|
|
|
Xxxx X. Xxxxx, Managing Director |
|
|
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxxxxx Xxxxxxxxx |
|
|
Name: |
Xxxxxx Xxxxxxxxx |
|
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
DWS Short Duration Plus Fund |
||
|
By: |
Deutsche Investment
Management Americas, Inc. |
|
|
|
||
|
|
||
|
By: |
/s/ Xxxx X. Xxxxx |
|
|
|
Xxxx X. Xxxxx, Managing Director |
|
|
|
|
|
|
|
By: |
/s/ Xxxxxx Xxxxxxxxx |
|
|
Name: |
Xxxxxx Xxxxxxxxx |
|
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
SunTrust Bank |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxx Xxxxxxxx |
|
Name: |
Xxxxx Xxxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
EAGLE LOAN TRUST |
|
|
By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxxxx Xxxxxx |
|
Name: |
Xxxxxxxxxxx Xxxxxx |
|
Title: |
Managing Partner |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxxxxxx Amage CLO Ltd. |
|
|
By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxxxx Xxxxxx |
|
Name: |
Xxxxxxxxxxx Xxxxxx |
|
Title: |
Managing Partner |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxxxxxx Bristol CLO, Ltd. |
|
|
By: Xxxxxxxxx Capital Partners LLC as it Collateral Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxxxx Xxxxxx |
|
Name: |
Xxxxxxxxxxx Xxxxxx |
|
Title: |
Managing Partner |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxxxxxx Daytona CLO, Ltd |
|
|
By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxxxx Xxxxxx |
|
Name: |
Xxxxxxxxxxx Xxxxxx |
|
Title: |
Managing Partner |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxxxxxx Modena CLO, Ltd |
|
|
By: Xxxxxxxxx Capital Partners, LLC as its Asset Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxxxx Xxxxxx |
|
Name: |
Xxxxxxxxxxx Xxxxxx |
|
Title: |
Managing Partner |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxxxxxx Veyron CLO, Ltd |
|
|
By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxxxxxx Xxxxxx |
|
Name: |
Xxxxxxxxxxx Xxxxxx |
|
Title: |
Managing Partner |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxx Street Funding CLO 2005-I Ltd. |
|
|
By: Seix Investment
Advisors LLC, as Collateral |
|
|
|
|
|
Xxxxx Street CLO II Ltd. |
|
|
By: Seix Investment
Advisors LLC, as Collateral |
|
|
|
|
|
Grand Horn CLO Ltd. |
|
|
By: Seix Investment
Advisors LLC, as Collateral |
|
|
|
|
|
Mountain View Funding CLO 2006-I Ltd. |
|
|
By: Seix Investment
Advisors LLC, as Collateral |
|
|
|
|
|
Mountain View CLO III Ltd. |
|
|
By: Seix Investment
Advisors LLC, as Collateral |
|
|
|
|
|
Mountain View CLO III Ltd. |
|
|
By: Seix Investment
Advisors LLC, as Collateral |
|
|
|
|
|
Ridgeworth
Funds – Seix Floating Rate High |
|
|
By: Seix Investment Advisors LLC, as Subadviser |
|
|
|
|
|
Rochdale Fixed Income Opportunities Portfolio |
|
|
By: Seix Investment Advisors LLC, as Subadviser |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxxxxxxx |
|
Name: |
Xxxxxx Xxxxxxxxx |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
NAVIGATOR CDO 2004, LTD., as a Lender |
||
|
|
|
|
|
By: |
GE Asset Management Inc., as Collateral Manager |
|
|
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxxx Xxxxxx |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Authorized Signatory |
|
|
|
|
|
|
|
|
|
NAVIGATOR CDO 2005, LTD., as a Lender |
||
|
|
|
|
|
By: |
GE Asset Management Inc., as Collateral Manager |
|
|
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxxx Xxxxxx |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Authorized Signatory |
|
|
|
|
|
|
|
|
|
NAVIGATOR CDO 2006, LTD., as a Lender |
||
|
|
|
|
|
By: |
GE Asset Management Inc., as Collateral Manager |
|
|
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxxx Xxxxxx |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Authorized Signatory |
|
|
|
|
|
|
|
|
|
GENERAL ELECTRIC PENSION TRUST, as a Lender |
||
|
|
|
|
|
By: |
GE Capital Debt Advisors, LLC., as Collateral Manager |
|
|
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxxx Xxxxxx |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Mizuho Corporate Bank, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxx Xxxxx |
|
Name: |
Xxxx Xxxxx |
|
Title: |
Deputy General Manager |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KATONAH VII CLO LTD. |
||
|
|
||
|
|
||
|
By |
/s/ Xxxxxx Xxxxxxxx |
|
|
Name: |
XXXXXX XXXXXXXX |
|
|
Title: |
Authorized Officer Katonah Debt Advisors, L.L.C. As Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KATONAH IX CLO LTD. |
||
|
|
||
|
|
||
|
By |
/s/ Xxxxxx Xxxxxxxx |
|
|
Name: |
XXXXXX XXXXXXXX |
|
|
Title: |
Authorized Officer Katonah Debt Advisors, L.L.C. As Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KATONAH 2007-I CLO LTD. |
||
|
|
||
|
|
||
|
By |
/s/ Xxxxxx Xxxxxxxx |
|
|
Name: |
XXXXXX XXXXXXXX |
|
|
Title: |
Authorized Officer Katonah Debt Advisors, L.L.C. As Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
This consent is made severally and not jointly by the following Lenders, acting in each case through the undersigned investment advisor: |
|
|
|
|
|
|
|
|
X. Xxxx Price Institutional High Yield Fund |
|
|
|
|
|
|
|
|
Board of Pensions of the Evangelical Lutheran Church in America |
|
|
|
|
|
|
|
|
|
|
|
IAM National Pension Fund |
|
|
|
|
|
|
|
|
|
|
|
By: X. Xxxx Price Associates, Inc. as investment advisor: |
|
|
|
|
|
|
|
|
By: |
/s/ Xxxxxxxx X. Xxxxxx |
|
Name: |
Xxxxxxxx X. Xxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
QUALCOMM Global Trading, Inc. By: Xxxxxx Xxxxxxx Investment Management Inc. as Investment Manager |
||
|
|
||
|
|
||
|
By |
/s/ Xxxxxx Xxxxxx |
|
|
Name: |
XXXXXX XXXXXX |
|
|
Title: |
Executive Director |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
MSIM Peconic Bay, Ltd. By: Xxxxxx Xxxxxxx Investment Management Inc. as Collateral Manager |
||
|
|
||
|
|
||
|
By |
/s/ Xxxxxx Xxxxxx |
|
|
Name: |
XXXXXX XXXXXX |
|
|
Title: |
Executive Director |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
CIFC Funding 2006 – II, Ltd. |
||
|
CIFC Funding 2006 – IB, Ltd. |
||
|
|
||
|
By:
Commercial Industrial Finance Corp., |
||
|
|
||
|
By |
/s/ Xxx Xxxxxx |
|
|
Name: |
Xxx Xxxxxx |
|
|
Title: |
Secretary |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
SUMITOMO
MITSUI BANKING |
||
|
|
||
|
|
||
|
By |
/s/ Xxxxxxxx Xxxx |
|
|
Name: |
Xxxxxxxx Xxxx |
|
|
Title: |
Senior Vice President |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
PT.
Bank Negara Indonesia (Persero) Tbk |
||
|
|
||
|
|
||
|
By |
/s/ Xxxxxx Xxxxxxx |
|
|
Name: |
Xxxxxx Xxxxxxx |
|
|
Title: |
General Manager |
|
|
|
||
|
|
||
|
By |
/s/ Xxxxx Xxxxxxxx |
|
|
Name: |
Xxxxx Xxxxxxxx |
|
|
Title: |
Credit Manager |
|
[Signature Page to Credit Agreement]
|
JHF II-Multi Sector Bond Fund, |
||
|
|
||
|
By |
/s/ Xxxx Xxxxxx |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Portfolio Manager |
|
|
Stone Harbor LIBOR Plus Total Return Fund, |
||
|
|
||
|
By |
/s/ Xxxx Xxxxxx |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Portfolio Manager |
|
|
Commonwealth
of Pennsylvania State Employees |
||
|
|
||
|
By |
/s/ Xxxx Xxxxxx |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Portfolio Manager |
|
|
Stone Harbor Leveraged Loan Portfolio, |
||
|
|
||
|
By |
/s/ Xxxx Xxxxxx |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Portfolio Manager |
|
|
Stone Harbor Sterling Core Plus Bond Fund, |
||
|
|
||
|
By |
/s/ Xxxx Xxxxxx |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Portfolio Manager |
|
|
UBS UK Pension and Life Assurance Scheme, |
||
|
|
||
|
By |
/s/ Xxxx Xxxxxx |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Portfolio Manager |
|
|
San
Xxxxxxx County Employees’ Retirement |
||
|
|
||
|
By |
/s/ Xxxx Xxxxxx |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Portfolio Manager |
|
|
ZOHAR III, LIMITED |
||
|
|
||
|
By:
Patriarch Partners XV, LLC |
||
|
|
||
|
|
||
|
By |
/s/ Xxxx Xxxxxx |
|
|
Name: |
Xxxx Xxxxxx |
|
|
Title: |
Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
GULF
STREAM-COMPASS CLO 2004-I LTD |
||
|
|
||
|
GULF
STREAM-COMPASS CLO 2005-I LTD |
||
|
|
||
|
GULF
STREAM-SEXTANT CLO 2006-I LTD |
||
|
|
||
|
GULF
STREAM-RASHINBAN CLO 2006-I LTD |
||
|
|
||
|
NEPTUNE FINANCE CCS, LTD. By:
Gulf Stream Asset Management LLC |
||
|
|
||
|
By |
/s/ Xxxxx Xxxxxxx |
|
|
Name: |
Xxxxx Xxxxxxx |
|
|
Title: |
Portfolio Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
By: Callidus Debt Partners CLO Fund VII, Ltd. |
||
|
By: Its Collateral Manager, |
||
|
Callidus Capital Management, LLC |
||
|
|
||
|
|
||
|
By |
/s/ Xxx Xxxxxxxx |
|
|
Name: |
Xxx Xxxxxxxx |
|
|
Title: |
Principal |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
COMMERZBANK
AG, NEW YORK AND |
||
|
|
||
|
|
||
|
By |
/s/ Xxxxxxx X. Xxxxxxxxx |
|
|
Name: |
Xxxxxxx X. Xxxxxxxxx |
|
|
Title: |
Vice President |
|
|
|
||
|
|
||
|
By |
/s/ Xxxxx Wesemeier |
|
|
Name: |
Xxxxx Wesemeier |
|
|
Title: |
Assistant Vice President |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
CALYON NEW YORK BRANCH |
||
|
|
||
|
|
||
|
By |
/s/ Xxxxx Xxxxx |
|
|
Name: |
Xxxxx Xxxxx |
|
|
Title: |
Managing Director |
|
|
|
||
|
|
||
|
By |
/s/ Xxxxx Xxxxxx |
|
|
Name: |
Xxxxx Xxxxxx |
|
|
Title: |
Managing Director |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Fraser Xxxxxxxx CLO II Ltd. |
||
|
By:
Fraser Xxxxxxxx Investment Management, LLC, |
||
|
|
||
|
By |
/s/ Xxxx X. Xxxxxx |
|
|
Name: |
Xxxx X. Xxxxxx |
|
|
Title: |
Managing Partner |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
COA Financing CLO Ltd. |
||
|
By:
FS COA Management, LLC, as Investment |
||
|
|
||
|
By |
/s/ Xxxx X. Xxxxxx |
|
|
Name: |
Xxxx X. Xxxxxx |
|
|
Title: |
Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Fraser Xxxxxxxx CLO I Ltd. |
||
|
By:
Fraser Xxxxxxxx Investment Management, LLC, |
||
|
|
||
|
By |
/s/ Xxxx X. Xxxxxx |
|
|
Name: |
Xxxx X. Xxxxxx |
|
|
Title: |
Managing Partner |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
FEINGOLD O’KEEFFE CAPITAL, LLC |
||
|
As Collateral Manager for |
||
|
Xxxxx Street CLO, Ltd. |
||
|
|
||
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By |
/s/ Xxxxx X’Xxxx |
|
|
Name: |
Xxxxx X’Xxxx |
|
|
Title: |
Portfolio Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
FEINGOLD O’KEEFFE CAPITAL, LLC |
||
|
As Collateral Manager for |
||
|
Lime Street CLO, Ltd. |
||
|
|
||
|
By |
/s/ Xxxxx X’Xxxx |
|
|
Name: |
Xxxxx X’Xxxx |
|
|
Title: |
Portfolio Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
FEINGOLD O’KEEFFE CAPITAL, LLC |
||
|
As Collateral Manager for |
||
|
Xxxxxxx Place CLO, Ltd. |
||
|
|
||
|
By |
/s/ Xxxxx X’Xxxx |
|
|
Name: |
Xxxxx X’Xxxx |
|
|
Title: |
Portfolio Manager |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
Lender:
|
PRINCIPAL LIFE INSURANCE COMPANY DBA BOND & MORTGAGE SEPARATE ACCOUNT |
||
|
|
||
|
|
||
|
By: |
Principal Global Investors, LLC a
Delaware limited liability company, |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx X. Xxxxxxxx |
|
|
Xxxxx X. Xxxxxxxx |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx |
|
|
XXXXX XXXXXXXXXX, Counsel |
Amendment No. 3 to Amended and Restated Credit Agreement
Lender:
|
IOWA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM |
||
|
|
||
|
|
||
|
By: |
Principal Global Investors, LLC a
Delaware limited liability company, |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx X. Xxxxxxxx |
|
|
Xxxxx X. Xxxxxxxx |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx |
|
|
XXXXX XXXXXXXXXX, Counsel |
Amendment No. 3 to Amended and Restated Credit Agreement
Lender:
|
STATE BOARD OF ADMINISTRATION OF FLORIDA |
||
|
|
||
|
|
||
|
By: |
Principal Global Investors, LLC a
Delaware limited liability company, |
|
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|
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|
|
By: |
/s/ Xxxxx X. Xxxxxxxx |
|
|
Xxxxx X. Xxxxxxxx |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx |
|
|
XXXXX XXXXXXXXXX, Counsel |
Amendment No. 3 to Amended and Restated Credit Agreement
Lender:
|
PRINCIPAL LIFE INSURANCE COMPANY |
||
|
|
||
|
|
||
|
By: |
Principal Global Investors, LLC a
Delaware limited liability company, |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx X. Xxxxxxxx |
|
|
Xxxxx X. Xxxxxxxx |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx |
|
|
XXXXX XXXXXXXXXX, Counsel |
Amendment No. 3 to Amended and Restated Credit Agreement
Lender:
|
PRINCIPAL
FUNDS, INC. – BOND AND |
||
|
|
||
|
|
||
|
By: |
Principal Global Investors, LLC a
Delaware limited liability company, |
|
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|
|
|
|
|
By: |
/s/ Xxxxx X. Xxxxxxxx |
|
|
Xxxxx X. Xxxxxxxx |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx |
|
|
XXXXX XXXXXXXXXX, Counsel |
Amendment No. 3 to Amended and Restated Credit Agreement
Lender:
|
PRINCIPAL
GLOBAL INVESTORS TRUST - |
||
|
|
||
|
|
||
|
By: |
Principal Global Investors, LLC a
Delaware limited liability company, |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx X. Xxxxxxxx |
|
|
Xxxxx X. Xxxxxxxx |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx |
|
|
XXXXX XXXXXXXXXX, Counsel |
Amendment No. 3 to Amended and Restated Credit Agreement
Lender:
|
PRINCIPAL GLOBAL INVESTORS FUND – HlGH YIELD FUND |
||
|
|
||
|
|
||
|
By: |
Principal Global Investors, LLC a
Delaware limited liability company, |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx X. Xxxxxxxx |
|
|
Xxxxx X. Xxxxxxxx |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx |
|
|
XXXXX XXXXXXXXXX, Counsel |
Amendment No. 3 to Amended and Restated Credit Agreement
Lender:
|
LOS
ANGELES COUNTY EMPLOYEES RETIREMENT |
||
|
|
||
|
|
||
|
By: |
Principal Global Investors, LLC a
Delaware limited liability company, |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx X. Xxxxxxxx |
|
|
Xxxxx X. Xxxxxxxx |
|
|
|
|
|
|
|
By: |
/s/ Xxxxx Xxxxxxxxxx |
|
|
XXXXX XXXXXXXXXX, Counsel |
Amendment No. 3 to Amended and Restated Credit Agreement
|
BIG SKY III SENIOR LOAN TRUST |
||
|
BY: |
XXXXX XXXXX MANAGEMENT |
|
|
|
AS INVESTMENT ADVISOR |
|
|
|
|
|
|
|
||
|
By |
/s/ Xxxxxxx X. Xxxxxxx |
|
|
Name: |
Xxxxxxx X. Xxxxxxx |
|
|
Title: |
Vice President |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxx Xxxxx CDO VII PLC |
|
|
By: Xxxxx Xxxxx
Management |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxx X. Xxxxxxx |
|
Name: |
Xxxxxxx X. Xxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxx Xxxxx CDO IX Ltd. |
|
|
By: Xxxxx Xxxxx
Management |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxx X. Xxxxxxx |
|
Name: |
Xxxxxxx X. Xxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxx Xxxxx CDO X PLC |
|
|
By: Xxxxx Xxxxx
Management |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxx X. Xxxxxxx |
|
Name: |
Xxxxxxx X. Xxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
XXXXX XXXXX SENIOR |
|
|
BY: XXXXX XXXXX MANAGEMENT |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxx X. Xxxxxxx |
|
Name: |
Xxxxxxx X. Xxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
XXXXX XXXXX
FLOATING-RATE |
|
|
BY: XXXXX XXXXX MANAGEMENT |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxx X. Xxxxxxx |
|
Name: |
Xxxxxxx X. Xxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Xxxxx Xxxxx Credit |
|
|
By: Xxxxx Xxxxx
Management |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxx X. Xxxxxxx |
|
Name: |
Xxxxxxx X. Xxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
XXXXX XXXXX SENIOR INCOME TRUST |
|
|
BY: XXXXX XXXXX MANAGEMENT |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxxx X. Xxxxxxx |
|
Name: |
Xxxxxxx X. Xxxxxxx |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Confluent 3 Limited |
|
|
By: Xxxxxx Xxxxxxx
Investment Management Inc. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxxxx |
|
Name: |
XXXXXX XXXXXX |
|
Title: |
Executive Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Zodiac Fund – Xxxxxx
Xxxxxxx US |
|
|
By: Xxxxxx Xxxxxxx
Investment Management Inc. as |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxxxx |
|
Name: |
XXXXXX XXXXXX |
|
Title: |
Executive Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KATONAH X CLO LTD. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxxxxxx |
|
Name: |
XXXXXX XXXXXXXX |
|
Title: |
Authorized
Officer |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
KATONAH VIII CLO LTD. |
|
|
|
|
|
|
|
|
By |
/s/ Xxxxxx Xxxxxxxx |
|
Name: |
XXXXXX XXXXXXXX |
|
Title: |
Authorized
Officer |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Stanfield Vantage CLO, Ltd |
|
|
By: Stanfield Capital
Partners, LLC |
|
|
|
|
|
|
|
|
By |
/s/ Christopher Jansen |
|
Name: |
Christopher Jansen |
|
Title: |
Managing Partner |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Stanfield McLaren CLO, Ltd. |
|
|
By: Stanfield Capital
Partners, LLC |
|
|
|
|
|
By |
/s/ Christopher Jansen |
|
Name: |
|
|
Title: |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Stanfield Carrera CLO, Ltd. |
|
|
By:
Stanfield Capital Partners LLC |
|
|
|
|
|
|
|
|
By |
/s/ Christopher Jansen |
|
Name: |
Christopher Jansen |
|
Title: |
Managing Partner |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Stanfield AZURE CLO, Ltd. |
|
|
By:
Stanfield Capital Partners, LLC |
|
|
|
|
|
|
|
|
By |
/s/ Christopher Jansen |
|
Name: |
Christopher Jansen |
|
Title: |
Managing Partner |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LFSIGXG LLC |
|
|
By: Stanfield Capital Partners LLC as its Sub-Investments Manager |
|
|
|
|
|
|
|
|
By |
/s/ Christopher Jansen |
|
Name: |
Christopher Jansen |
|
Title: |
Managing Partner |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
EATON VANCE SHORT DURATION |
|
|
DIVERSIFIED INCOME FUND |
|
|
By: EATON VANCE MANAGEMENT |
|
|
|
|
|
|
|
|
By |
/s/ Michael B. Botthof |
|
Name: |
Michael B. Botthof |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
EATON VANCE INSTITUTIONAL SENIOR LOAN FUND |
|
|
By: EATON VANCE MANAGEMENT |
|
|
|
|
|
|
|
|
By |
/s/ Michael B. Botthof |
|
Name: |
Michael B. Botthof |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
EATON VANCE |
|
|
LIMITED DURATION INCOME FUND |
|
|
By:
EATON VANCE MANAGEMENT |
|
|
|
|
|
|
|
|
By |
/s/ Michael B. Botthof |
|
Name: |
Michael B. Botthof |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
GRAYSON & CO |
|
|
By: BOSTON MANAGEMENT AND RESEARCH |
|
|
|
|
|
|
|
|
By |
/s/ Michael B. Botthof |
|
Name: |
Michael B. Botthof |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
SENIOR DEBT PORTFOLIO |
|
|
By: Boston Management and Research |
|
|
|
|
|
|
|
|
By |
/s/ Michael B. Botthof |
|
Name: |
Michael B. Botthof |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
EATON VANCE |
|
|
VT FLOATING-RATE INCOME FUND |
|
|
By:
EATON VANCE MANAGEMENT |
|
|
|
|
|
|
|
|
By |
/s/ Michael B. Botthof |
|
Name: |
Michael B. Botthof |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Eaton Vance Medallion |
|
|
Floating-Rate Income Portfolio |
|
|
By: Eaton Vance Management |
|
|
|
|
|
|
|
|
By |
/s/ Michael B. Botthof |
|
Name: |
Michael B. Botthof |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. |
|
|
|
|
|
|
|
|
By |
|
|
|
|
|
|
|
|
/s/ Victor Pierzchalski |
|
|
Name: |
Victor Pierzchalski |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Pioneer Floating Rate Fund |
|||
|
Pioneer Floating Rate Trust |
|||
|
Pioneer Diversified High Income Trust, |
|||
|
|
|||
|
By: Pioneer Investment Management, Inc., |
|||
|
|
|||
|
|
|||
|
By |
/s/ Margaret C. Begley |
||
|
|
Name: |
Margaret C. Begley |
|
|
|
Title: |
Assitant
Secretary |
|
|
|
|
||
|
|
|
||
|
Montpelier Investments Holdings Ltd., as a Lender |
|||
|
|
|
||
|
By: Pioneer Institutional Asset Management, Inc. |
|||
|
|
|
||
|
|
|
||
|
By: |
/s/ Margaret C. Begley |
||
|
|
Name: |
Margaret C. Begley |
|
|
|
Title: |
Assitant
Secretary |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
AMMC CLO III, LIMITED |
|
|
By: American Money Management Corp., |
|
|
|
|
|
|
|
|
By |
/s/ Chester M. Eng |
|
Name: |
Chester M. Eng |
|
Title: |
Senior Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
AMMC CLO IV, LIMITED |
|
|
By: American Money Management Corp., |
|
|
|
|
|
|
|
|
By |
/s/ Chester M. Eng |
|
Name: |
Chester M. Eng |
|
Title: |
Senior Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
AMMC CLO VI, LIMITED |
|
|
By: American Money Management Corp., |
|
|
|
|
|
|
|
|
By |
/s/ Chester M. Eng |
|
Name: |
Chester M. Eng |
|
Title: |
Senior Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
AMMC VII, LIMITED |
|
|
By: American Money Management Corp., |
|
|
|
|
|
|
|
|
By |
/s/ Chester M. Eng |
|
Name: |
Chester M. Eng |
|
Title: |
Senior Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
AMMC VIII, LIMITED |
|
|
By: American Money Management Corp., |
|
|
|
|
|
|
|
|
By |
/s/ Chester M. Eng |
|
Name: |
Chester M. Eng |
|
Title: |
Senior Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
ColumbusNova CLO Ltd. 2006-I |
|
|
|
|
|
|
|
|
By |
/s/ Erik Nelson |
|
Name: |
Erik Nelson |
|
Title: |
Associate |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
ColumbusNova CLO Ltd. 2006-II |
|
|
|
|
|
|
|
|
By |
/s/ Erik Nelson |
|
Name: |
Erik Nelson |
|
Title: |
Associate |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
ColumbusNova CLO Ltd. 2007-I |
|
|
|
|
|
|
|
|
By |
/s/ Erik Nelson |
|
Name: |
Erik Nelson |
|
Title: |
Associate |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
ColumbusNova CLO IV Ltd. 2007-II |
|
|
|
|
|
|
|
|
By |
/s/ Erik Nelson |
|
Name: |
Erik Nelson |
|
Title: |
Associate |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
BNP PARIBAS |
|
|
|
|
|
|
|
|
By |
/s/ John Treadwell, Jr. |
|
Name: |
John Treadwell, Jr. |
|
Title: |
Vice President |
|
|
|
|
|
|
|
By |
/s/ Scott Tricarico |
|
Name: |
SCOTT TRICARICO |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Blue Shield of California |
|
|
|
|
|
|
|
|
By |
/s/ Guang Alex Yu |
|
Name: |
Guang Alex Yu |
|
Title: |
Authorized Signatory |
Manitowoc
|
Franklin CLO V, Limited |
|
|
|
|
|
|
|
|
By |
/s/ Guang Alex Yu |
|
Name: |
Guang Alex Yu |
|
Title: |
Authorized Signatory |
Manitowoc
|
Franklin CLO VI, Limited |
|
|
|
|
|
|
|
|
By |
/s/ Guang Alex Yu |
|
Name: |
Guang Alex Yu |
|
Title: |
Authorized Signatory |
Manitowoc
|
Franklin Floating Rate Daily Access Fund |
|
|
|
|
|
|
|
|
By |
/s/ Richard Hsu |
|
Name: |
Richard Hsu |
|
Title: |
Vice President |
Manitowoc
|
Franklin Floating Rate Master Series |
|
|
|
|
|
|
|
|
By |
/s/ Richard Hsu |
|
Name: |
Richard Hsu |
|
Title: |
Vice President |
Manitowoc
|
Franklin
Templeton Series II Funds Franklin |
|
|
|
|
|
|
|
|
By |
/s/ Richard Hsu |
|
Name: |
Richard Hsu |
|
Title: |
Vice President |
Manitowoc
|
Franklin
Templeton Limited Duration Income |
|
|
|
|
|
|
|
|
By |
/s/ Richard Hsu |
|
Name: |
Richard Hsu |
|
Title: |
Vice President |
Manitowoc
|
CANARAS SUMMIT CLO LTD |
|
|
By:
Canaras Capital Management LLC |
|
|
|
|
|
|
|
|
By |
/s/ Richard J. Vratanina |
|
Name: |
Richard J. Vratanina |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
PACIFICA CDO III, LTD. |
|
|
PACIFICA CDO IV, LTD. |
|
|
PACIFICA CDO V, LTD. |
|
|
PACIFICA CDO VI, LTD. |
|
|
WESTWOOD CDO I, LTD. |
|
|
WESTWOOD DCO II, LTD. |
|
|
|
|
|
|
|
|
By |
/s/ Ronald M. Grobeck |
|
Name: |
Ronald M. Grobeck |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
COOPERATIEVE
CENTRALE RAIFFEISEN- |
|
|
|
|
|
|
|
|
By: |
/s/ Andrew Sherman |
|
Name: |
Andrew Sherman |
|
Title: |
Executive Director |
|
|
|
|
|
|
|
By: |
/s/ Peter Glawe |
|
Name: |
Peter Glawe |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
TD Bank, N.A. |
|
|
|
|
|
|
|
|
By |
/s/ Deborah Gravinese |
|
Name: |
Deborah Gravinese |
|
Title: |
Senior Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
BELL ATLANTIC MASTER TRUST |
|
|
By:
TCW Asset Management Company, |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
CELERITY CLO LTD. |
|
|
By:
TCW Asset Management Company, |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
FARAKER INVESTMENT PTE LTD. |
|
|
By: TCW Asset Management
Company, |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
FIRST 2004-I CLO, LTD. |
|
|
By:
TCW Asset Management Company, |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
FIRST 2004-II CLO, LTD. |
|
|
By:
TCW Asset Management Company, |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
ILLINOIS STATE BOARD OF INVESTMENT |
|
|
By:
TCW Asset Management Company, |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
MAC CAPITAL, LTD. |
|
|
By:
TCW Asset Management Company as its |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
RGA Reinsurance Company |
|
|
By:
TCW Asset Management Company, |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Trust Company of the West, |
|
|
As trustee of TCW Capital Trust |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
TCW CREDIT OPPORTUNITIES FUND I B, L.P. |
|
|
TCW Asset Management Company as Manager |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
TCW Credit Opportunities Fund, L.P. |
|
|
By:
TCW Asset Management Company |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
TCW Senior Secured Floating Rate Loan Fund, L.P. |
|
|
By:
TCW Asset Management Company, |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
TCW Senior Secured Loan Fund, LP |
|
|
By:
TCW Asset Management Company, |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Palmetto Investors Master Fund, LLC. |
|
|
By:
TCW Asset Management Company, |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
VELOCITY CLO LTD. |
|
|
By: TCW Asset Management Company, |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
VITESSE CLO LTD. |
|
|
By:
TCW Asset Management Company as its |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
WEST BEND MUTUAL INSURANCE COMPANY |
|
|
By:
TCW Asset Management Company, |
|
|
|
|
|
|
|
|
By: |
/s/ Stephen Suo |
|
Name: |
STEPHEN SUO |
|
Title: |
SENIOR VICE PRESIDENT |
|
|
|
|
|
|
|
By: |
/s/ Jonathan R. Insull |
|
Name: |
JONATHAN R. INSULL |
|
Title: |
MANAGING DIRECTOR |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Siemens Financial Services, Inc. |
|
|
|
|
|
|
|
|
By |
/s/ Anthony Casciano |
|
Name: |
Anthony Casciano |
|
Title: |
Managing Director |
|
By |
/s/ Douglas Maher |
|
Name: |
Douglas Maher |
|
Title: |
Managing Director |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
BURR RIDGE CLO Plus LTD. |
|
|
By:
Deerfield Capital Management LLC as its |
|
|
|
|
|
By: |
/s/ Lynne Sanders |
|
Name: |
Lynne Sanders |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
SCHILLER PARK CLO LTD. |
|
|
By:
Deerfield Capital Management LLC as its |
|
|
|
|
|
By: |
/s/ Lynne Sanders |
|
Name: |
Lynne Sanders |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
MARKET SQUARE CLO, Ltd. |
|
|
By:
Deerfield Capital Management LLC as its |
|
|
|
|
|
By: |
/s/ Lynne Sanders |
|
Name: |
Lynne Sanders |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
MARQUETTE PARK CLO LTD. |
|
|
By:
Deerfield Capital Management LLC as its |
|
|
|
|
|
By: |
/s/ Lynne Sanders |
|
Name: |
Lynne Sanders |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LONG GROVE CLO, LIMITED. |
|
|
By:
Deerfield Capital Management LLC as its |
|
|
|
|
|
By: |
/s/ Lynne Sanders |
|
Name: |
Lynne Sanders |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
BRIDGEPORT CLO II LTD. |
|
|
By:
Deerfield Capital Management LLC as its |
|
|
|
|
|
By: |
/s/ Lynne Sanders |
|
Name: |
Lynne Sanders |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
BRIDGEPORT CLO LTD. |
|
|
By:
Deerfield Capital Management LLC as its |
|
|
|
|
|
By: |
/s/ Lynne Sanders |
|
Name: |
Lynne Sanders |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
CUMBERLAND II CLO LTD. |
|
|
By:
Deerfield Capital Management LLC as its |
|
|
|
|
|
By: |
/s/ Lynne Sanders |
|
Name: |
Lynne Sanders |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
DFR MIDDLE MARKET CLO Ltd. |
|
|
By: Deerfield Capital Management LLC as its |
|
|
|
|
|
By: |
/s/ Lynne Sanders |
|
Name: |
Lynne Sanders |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Nantucket CLO I Ltd |
|
|
By:
Fortis Investment Management USA, Inc., |
|
|
|
|
|
|
|
|
By |
/s/ Vanessa Ritter |
|
Name: |
Vanessa Ritter |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Sankaty Advisors, LLC
as Collateral |
|
|
|
|
|
|
|
|
By |
/s/ Alan K. Halfenger |
|
Name: |
ALAN K. HALFENGER |
|
Title: |
CHIEF COMPLIANCE OFFICER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Sankaty
Advisors, LLC as Collateral |
|
|
|
|
|
|
|
|
By |
/s/ Alan K. Halfenger |
|
Name: |
ALAN K. HALFENGER |
|
Title: |
CHIEF COMPLIANCE OFFICER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Chatham Light II CLO,
Limited, by |
|
|
|
|
|
|
|
|
By |
/s/ Alan K. Halfenger |
|
Name: |
ALAN K. HALFENGER |
|
Title: |
CHIEF COMPLIANCE OFFICER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Katonah
III, Ltd. by Sankaty |
|
|
|
|
|
|
|
|
By |
/s/ Alan K. Halfenger |
|
Name: |
ALAN K. HALFENGER |
|
Title: |
CHIEF COMPLIANCE OFFICER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Sankaty Advisors, LLC
as Collateral |
|
|
|
|
|
|
|
|
By |
/s/ Alan K. Halfenger |
|
Name: |
ALAN K. HALFENGER |
|
Title: |
CHIEF COMPLIANCE OFFICER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Sankaty Advisors, LLC
as Collateral |
|
|
|
|
|
|
|
|
By |
/s/ Alan K. Halfenger |
|
Name: |
ALAN K. HALFENGER |
|
Title: |
CHIEF COMPLIANCE OFFICER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Race
Point IV CLO, Ltd |
|
|
|
|
|
|
|
|
By |
/s/ Alan K. Halfenger |
|
Name: |
ALAN K. HALFENGER |
|
Title: |
CHIEF COMPLIANCE OFFICER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
SSS Funding II |
|
|
By:
Sankaty Advisors, LLC |
|
|
|
|
|
|
|
|
By |
/s/ Alan K. Halfenger |
|
Name: |
ALAN K. HALFENGER |
|
Title: |
CHIEF COMPLIANCE OFFICER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Sankaty Managed Account (PSERS), L.P. |
|
|
|
|
|
|
|
|
By |
/s/ Alan K. Halfenger |
|
Name: |
ALAN K. HALFENGER |
|
Title: |
CHIEF COMPLIANCE OFFICER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Future Fund Board of Guardians |
|
|
By:
Sankaty Advisors, LLC As |
|
|
|
|
|
|
|
|
By |
/s/ Alan K. Halfenger |
|
Name: |
ALAN K. HALFENGER |
|
Title: |
CHIEF COMPLIANCE OFFICER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Sankaty Senior Loan Fund, L.P. |
|
|
|
|
|
|
|
|
By |
/s/ Alan K. Halfenger |
|
Name: |
ALAN K. HALFENGER |
|
Title: |
CHIEF COMPLIANCE OFFICER |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Bayerische Landesbank |
|
|
|
|
|
|
|
|
By |
/s/ Suyash Upreti |
|
Name: |
Suyash Upreti |
|
Title: |
Vice President |
|
By |
/s/ Paul R. Casino |
|
Name: |
Paul R. Casino |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Harch CLO II Limited |
|
|
|
|
|
|
|
|
By |
/s/ Michael E. Lewitt |
|
Name: |
Michael E. Lewitt |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Harch CLO III Limited |
|
|
|
|
|
|
|
|
By |
/s/ Michael E. Lewitt |
|
Name: |
Michael E. Lewitt |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Clydesdale CLO 2004, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Robert Hoffman |
|
Name: |
ROBERT HOFFMAN |
|
Title: |
EXECUTIVE DIRECTOR |
NOMURA CORPORATE RESEARCH |
|
AND ASSET MANAGEMENT INC. |
|
AS |
|
INVESTMENT MANAGER |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Clydesdale CLO 2005, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Robert Hoffman |
|
Name: |
ROBERT HOFFMAN |
|
Title: |
EXECUTIVE DIRECTOR |
NOMURA CORPORATE RESEARCH |
|
AND ASSET MANAGEMENT INC. |
|
AS |
|
INVESTMENT MANAGER |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Clydesdale CLO 2006, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Robert Hoffman |
|
Name: |
ROBERT HOFFMAN |
|
Title: |
EXECUTIVE DIRECTOR |
NOMURA CORPORATE RESEARCH |
|
AND ASSET MANAGEMENT INC. |
|
AS |
|
INVESTMENT MANAGER |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Clydesdale CLO 2007, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Robert Hoffman |
|
Name: |
ROBERT HOFFMAN |
|
Title: |
EXECUTIVE DIRECTOR |
NOMURA CORPORATE RESEARCH |
|
AND ASSET MANAGEMENT INC. |
|
AS |
|
INVESTMENT MANAGER |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Clydesdale Strategic CLO I, Ltd. |
|
|
|
|
|
|
|
|
By |
/s/ Robert Hoffman |
|
Name: |
ROBERT HOFFMAN |
|
Title: |
EXECUTIVE DIRECTOR |
NOMURA CORPORATE RESEARCH |
|
AND ASSET MANAGEMENT INC. |
|
AS |
|
INVESTMENT MANAGER |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
NCRAM Senior Loan Trust 2005 |
|
|
|
|
|
|
|
|
By |
/s/ Robert Hoffman |
|
Name: |
ROBERT HOFFMAN |
|
Title: |
EXECUTIVE DIRECTOR |
NOMURA CORPORATE RESEARCH |
|
AND ASSET MANAGEMENT INC. |
|
AS |
|
INVESTMENT ADVISER |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Avenue CLO IV, Limited |
|
|
Avenue CLO V, Limited |
|
|
Avenue CLO VI, Limited |
|
|
|
|
|
|
|
|
By |
/s/ Sriram Balakrishnan |
|
Name: |
Sriram Balakrishnan |
|
Title: |
Portfolio Manager |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Green Island CBNA Loan Funding LLC |
|
|
|
|
|
|
|
|
By |
/s/ Adam Kaiser |
|
Name: |
Adam Kaiser |
|
Title: |
ATTORNEY-IN-FACT |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
ALZETTE EUROPEAN CLO S.A. |
|
|
By: INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
|
|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
AVALON CAPITAL LTD. 3 |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
BELHURST CLO LTD. |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
CELTS CLO 2007-1 LTD |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
CHAMPLAIN CLO, LTD. |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
CHARTER VIEW PORTFOLIO |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
DIVERSIFIED CREDIT PORTFOLIO LTD. |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
AJM FLOATING RATE FUND |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
HUDSON CANYON FUNDING II, LTD |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LIMEROCK CLO I |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
MOSELLE CLO S.A. |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
NAUTIQUE FUNDING LTD. |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
By |
/s/ Thomas Ewald |
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Name: |
Thomas Ewald |
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Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
SAGAMORE CLO LTD. |
|
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By:
INVESCO Senior Secured Management, Inc. |
|
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By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
SARATOGA CLO I, LIMITED |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
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|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
WASATCH CLO LTD |
|
|
By:
INVESCO Senior Secured Management, Inc. |
|
|
|
|
|
By |
/s/ Thomas Ewald |
|
Name: |
Thomas Ewald |
|
Title: |
Authorized Signatory |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
CCA EAGLE LOAN MASTER FUND LTD. |
|
|
By:
Citigroup Alternative Investments LLC, as |
|
|
|
|
|
By |
/s/ Roger Yee |
|
Name: |
Roger Yee |
|
Title: |
VP |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
REGATTA FUNDING LTD |
|
|
By:
Citi Alternative Investments LLC, |
|
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|
|
By |
/s/ Roger Yee |
|
Name: |
Roger Yee |
|
Title: |
VP |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
LMP Corporate Loan Fund, Inc. |
|
|
By: Citi Alternative Investments LLC |
|
|
|
|
|
By |
/s/ Roger Yee |
|
Name: |
Roger Yee |
|
Title: |
VP |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
WhiteHorse IV, Ltd. |
|
|
By
WhiteHorse Capital Partners, L.P. |
|
|
By WhiteRock Asset Advisor, LLC, its G.P. |
|
|
|
|
|
By |
/s/ Ethan M. Underwood, CFA |
|
Name: |
Ethan M. Underwood, CFA |
|
Title: |
Portfolio Manager |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
Grand Central Asset Trust, Cameron I Series |
|
|
|
|
|
By |
/s/ Adam Kaiser |
|
Name: |
Adam Kaiser |
|
Title: |
ATTORNEY-IN-FACT |
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
1776 CLO I, LTD. |
|
|
|
|
|
By |
/s/ Jim Reilly |
|
Name: |
Jim Reilly |
|
Title: |
|
[Amendment No. 3 to Amended and Restated Credit Agreement]
|
The Northern Trust Company |
|
|
|
|
|
By |
/s/ Peter Hallan |
|
Name: |
Peter Hallan |
|
Title: |
Vice President |
[Amendment No. 3 to Amended and Restated Credit Agreement]