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Exhibit 10.1—SIXTH AMENDMENT AND WAIVER
SIXTH AMENDMENT AND WAIVER (this "Amendment"), dated as of December 20, 2002, among CONSOLIDATED CONTAINER HOLDINGS LLC, a Delaware limited liability company ("Holdings"), CONSOLIDATED CONTAINER COMPANY LLC, a Delaware limited liability company (the "Borrower"), the Banks party to the Credit Agreement referred to below (the "Banks"), DEUTSCHE BANK TRUST COMPANY AMERICAS, (f/k/a Bankers Trust Company), as Administrative Agent (the "Administrative Agent"), JPMORGAN CHASE BANK (successor by merger to Xxxxxx Guaranty Trust Company of New York), as Documentation Agent (the "Documentation Agent"), and CREDIT SUISSE FIRST BOSTON (f/k/a Xxxxxxxxx, Lufkin & Xxxxxxxx Securities Corporation), as Syndication Agent (the "Syndication Agent" and, together with the Administrative Agent and the Documentation Agent, the "Agents"). Unless otherwise indicated, all capitalized terms used herein and not otherwise defined shall have the respective meanings provided such terms in the Credit Agreement referred to below.
W I T N E S S E T H:
WHEREAS, Holdings, the Borrower, the Banks and the Agents are parties to a Credit Agreement, dated as of July 1, 1999 (as amended, restated, modified and/or supplemented, the "Credit Agreement"); and
WHEREAS, subject to the terms and conditions of this Amendment, the Banks wish to grant certain amendments under the Credit Agreement as herein provided on the terms and conditions set forth herein;
NOW, THEREFORE, it is agreed:
I. Amendments and Waivers.
1. Sections 4.02(b), 4.02(c) and 4.02(e) of the Credit Agreement are hereby amended by, in each case, deleting the date "December 31, 2002" appearing in the table set forth in said Section and inserting the date "January 7, 2003" in lieu thereof.
2. The definition of "Tranche 3 Revolving Loan Maturity Date" is hereby amended by deleting the date "January 5, 2003" appearing therein and inserting the date "January 7, 2003" in lieu thereof.
3. For the period (the "Waiver Period") from the Sixth Amendment Effective Date (as defined below) to and including January 7, 2003, the Banks hereby waive Holdings' and the Borrower's obligation to comply with (i) Sections 8.08, 8.09 and 8.10 of the Credit Agreement, in each case, with respect to the Test Period ending on December 31, 2002 and (ii) Section 8.18 of the Credit Agreement for the fiscal month of Holdings ending on December 31, 2002. This waiver shall have no force or effect upon the expiration of the Waiver Period at which time all Events of Default that would have arisen (without giving effect to this Amendment) as a result of Holdings' and the Borrower's failure to comply with the aforementioned Sections shall exist and be continuing for all purposes under the Credit Agreement, the other Credit Documents and each Tranche 3 Guaranty.
II. Acknowledgments and Agreements with respect to various Credit Documents and each Tranche 3 Guaranty.
1. For the avoidance of doubt, each Credit Party hereby acknowledges and confirms its due authorization, execution and delivery of all Credit Documents (each Credit Document as amended, restated, modified and/or supplemented through and including the date hereof) to which it is a party, including all instruments, financing statements, agreements, certificates and documents executed and delivered in connection therewith, and hereby ratifies all actions heretofore taken in connection therewith.
2. Each Credit Party, by its execution (or acknowledgment, as the case may be) and delivery of this Amendment, hereby consents to the extensions of credit pursuant to the Credit Agreement (including, without limitation, as amended by this Amendment). Each Credit Party further acknowledges and agrees to the provisions of this Amendment and hereby agrees for the benefit of the Banks that all extensions of credit (including as contemplated by this Amendment) pursuant to the Credit Agreement (including, without limitation, as amended by this Amendment, and as same may be further amended, restated, modified and/or supplemented from time to time) shall be fully entitled to all benefits of, and shall be fully guaranteed and secured pursuant to and in accordance with the terms of, each of the Credit Documents, as applicable.
3. For the avoidance of doubt, each Tranche 3 Guarantor hereby acknowledges and confirms its due authorization, execution and delivery of the respective Tranche 3 Guaranty (as amended, restated, modified and/or supplemented through and including the date hereof) to which it is a party, including all agreements, certificates and documents executed and delivered in connection therewith, and hereby ratifies all actions heretofore taken in connection therewith.
4. Each Tranche 3 Guarantor, by its execution (or acknowledgment, as the case may be) and delivery of this Amendment, hereby consents to the extension of Tranche 3 Revolving Loans pursuant to the Credit Agreement (including, without limitation, as amended by this Amendment). Each Tranche 3 Guarantor further acknowledges and agrees to the provisions of this Amendment and hereby agrees for the benefit of the Banks that all extensions of Tranche 3 Revolving Loans (including as contemplated by this Amendment) pursuant to the Credit Agreement shall be fully entitled to all benefits of, and shall be fully guaranteed pursuant to and in accordance with the terms of, the respective Tranche 3 Guaranty to which it is a party.
III. Miscellaneous.
1. This Amendment is limited as specified and shall not constitute a modification, acceptance or Amendment of any other provision of the Credit Agreement or any other Credit Document.
2. This Amendment may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which counterparts when executed and delivered shall be an original, but all of which shall together constitute one and the same instrument. A complete set of counterparts shall be lodged with the Borrower and the Administrative Agent.
3. THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF NEW YORK.
4. This Amendment shall become effective on the date (the "Sixth Amendment Effective Date") when (i) each Credit Party, each Tranche 3 Guarantor, each Tranche 3 Revolving Loan Bank, the Majority Banks of the A Term Loan Tranche, the Majority Banks of the B Term Loan Tranche, the Majority Banks of the Tranche 2 Converted Term Loan Tranche and the Required Banks shall have signed a counterpart hereof (whether the same or different counterpart) and shall have delivered (including by way of facsimile transmission) the same to the Administrative Agent at the Notice Office and (ii) the Borrower shall have paid to each Bank which executes and delivers to the Administrative Agent a counterpart of this Amendment on or before 5:00 p.m. (New York time) on December 20, 2002, a fee equal to 0.10% of the sum of (w) the aggregate principal amount of such Bank's outstanding Term Loans on the Sixth Amendment Effective Date, (x) the aggregate principal amount of such Bank's Tranche 2 Converted Term Loans on the Sixth Amendment Effective Date, (y) such Bank's Revolving Loan Commitment on the Sixth Amendment Effective Date and (z) such Bank's Tranche 3 Revolving Loan Commitment on the Sixth Amendment Effective Date.
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5. In order to induce the Banks to enter into this Amendment, the Borrower hereby represents and warrants that (i) the representations, warranties and agreements contained in Section 6 of the Credit Agreement are true and correct in all material respects on and as of the Sixth Amendment Effective Date, both before and after giving effect to this Amendment and (ii) there exists no Default or Event of Default on the Sixth Amendment Effective Date, after giving effect to the Amendments contained in this Amendment.
6. From and after the Sixth Amendment Effective Date, all references in the Credit Agreement and each of the Credit Documents to the Credit Agreement shall be deemed to be references to the Credit Agreement as amended hereby.
* * *
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IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart of this Amendment to be duly executed and delivered as of the date first above written.
CONSOLIDATED CONTAINER HOLDINGS LLC | |||
By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Name: Xxxxxxx X. Xxxxxxx | |||
Title: SVP Finance and Accounting | |||
CONSOLIDATED CONTAINER COMPANY LLC |
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By: | Consolidated Container Holdings LLC, as its Sole Member and Manager | ||
By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Name: Xxxxxxx X. Xxxxxxx | |||
Title: SVP Finance and Accounting | |||
DEUTSCHE BANK TRUST COMPANY AMERICAS, |
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Individually and as Administrative Agent | |||
By: |
/s/ Xxxxx Xxxxxxx |
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Name: Xxxxx Xxxxxxx | |||
Title: Director | |||
JPMORGAN CHASE BANK, |
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Individually and as Documentation Agent | |||
By: |
/s/ Xxxxxxx X. Xxxxx |
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Name: Xxxxxxx X. Xxxxx | |||
Title: Vice President |
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SIGNATURE PAGE TO THE SIXTH AMENDMENT AND WAIVER, DATED AS OF DECEMBER 20, 2002, TO THE CREDIT AGREEMENT, DATED AS OF JULY 1,1999, AMONG CONSOLIDATED CONTAINER HOLDINGS LLC, CONSOLIDATED CONTAINER COMPANY LLC, THE VARIOUS BANKS PARTY THERETO, JPMORGAN CHASE BANK (SUCCESSOR BY MERGER TO XXXXXX GUARANTY TRUST COMPANY OF NEW YORK), AS DOCUMENTATION AGENT, CREDIT SUISSE FIRST BOSTON (F/K/A XXXXXXXXX, LUFKIN & XXXXXXXX SECURITIES CORPORATION), AS SYNDICATION AGENT, AND DEUTSCHE BANK TRUST COMPANY AMERICAS (F/K/A BANKERS TRUST COMPANY), AS ADMINISTRATIVE AGENT |
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NAME OF INSTITUTION: |
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ADDISON CDO, LIMITED (#1279) |
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By: | Pacific Investment Management Company LLC, as its Investment Advisor | ||
By: |
/s/ Xxxxx X. Xxxxxxxxxx |
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Name: Xxxxx X. Xxxxxxxxxx | |||
Title: Executive Vice President | |||
AIMCO CDO SERIES 2000-A |
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By: |
/s/ Xxxxx Xxxxxxx |
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Name: Xxxxx Xxxxxxx | |||
Title: Authorized Signatory | |||
By: |
/s/ Xxxxxxxx X. Xxxxxx |
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Name: Xxxxxxxx X. Xxxxxx | |||
Title: Authorized Signatory |
5
AIMCO CLO SERIES 2001-A | |||
By: |
/s/ Xxxxx Xxxxxxx |
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Name: Xxxxx Xxxxxxx | |||
Title: Authorized Signatory | |||
By: |
/s/ Xxxxxxxx X. Xxxxxx |
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Name: Xxxxxxxx X. Xxxxxx | |||
Title: Authorized Signatory | |||
APEX (IDM) CDO I, Ltd. |
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By: | Xxxxx X. Xxxxxx & Company Inc. as Collateral Manager | ||
By: |
/s/ Xxxx Xxxxx |
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Name: Xxxx Xxxxx | |||
Title: Managing Director | |||
ATHENA CDO, LIMITED (#1277) |
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By: | Pacific Investment Management Company LLC, as its Investment Advisor | ||
By: |
/s/ Xxxxx X. Xxxxxxxxxx |
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Name: Xxxxx X. Xxxxxxxxxx | |||
Title: Executive Vice President | |||
BANK AUSTRIA CREDITANSTALT CORPORATE FINANCE, INC. |
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By: |
/s/ Xxxxxx X. Xxxxx |
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Name: Xxxxxx X. Xxxxx | |||
Title: Director | |||
By: |
/s/ Xxxxxxxxx Xxxxxxxxx |
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Name: Xxxxxxxxx Xxxxxxxxx | |||
Title: Managing Director Chief Investment Officer | |||
BANK OF MONTREAL |
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By: |
/s/ Xxxx Xxx Xxxxxx |
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Name: Xxxx Xxx Xxxxxx | |||
Title: Director | |||
BAYERISCHE HYPO-UND VEREINSBANK AG NEW YORK BRANCH |
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By: |
/s/ Xxxxxx X. Xxxxx |
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Name: Xxxxxx X. Xxxxx | |||
Title: Director | |||
By: |
/s/ Xxxxxxxxx Xxxxxxxxx |
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Name: Xxxxxxxxx Xxxxxxxxx | |||
Title: Managing Director Chief Investment Officer |
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BEDFORD CDO, LIMITED (#1276) | |||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | ||
By: |
/s/ Xxxxx X. Xxxxxxxxxx |
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Name: Xxxxx X. Xxxxxxxxxx | |||
Title: Executive Vice President | |||
CAPTIVA II FINANCE LTD. |
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By: |
/s/ Xxxxx Dryer |
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Name: Xxxxx Dryer | |||
Title: Director | |||
CAPTIVA III FINANCE LTD. (ACCT. 275), |
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as advised by Pacific Investment Management Company LLC | |||
By: |
/s/ Xxxxx Dryer |
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Name: Xxxxx Dryer | |||
Title: Director | |||
CAPTIVA IV FINANCE LTD. (ACCT. 1275), |
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as advised by Pacific Management Company LLC | |||
By: |
/s/ Xxxxx Dryer |
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Name: Xxxxx Dryer | |||
Title: Director | |||
CARLYLE HIGH YIELD PARTNERS II, LTD. |
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By: |
/s/ Xxxxx Xxxx |
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Name: Xxxxx Xxxx | |||
Title: Principal | |||
CENTURION CDO II, LTD. |
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By: | American Express Asset Management Group Inc. as Collateral Manager | ||
By: |
/s/ Xxxxxx Xxxxxxxxx |
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Name: Xxxxxx Xxxxxxxxx | |||
Title: Director-Operations | |||
CENTURIAN CDO III |
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By: | American Express Asset Management Group Inc. as Collateral Manager | ||
By: |
/s/ Xxxxxx Xxxxxxxxx |
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Name: Xxxxxx Xxxxxxxxx | |||
Title: Director-Operations |
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CENTURIAN CDO VI, LTD. |
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By: | American Express Asset Management Group Inc. as Collateral Manager | ||
By: |
/s/ Xxxxxx Xxxxxxxxx |
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Name: Xxxxxx Xxxxxxxxx | |||
Title: Director-Operations | |||
DELANO COMPANY (#274) |
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By: | Pacific Investment Mangement Company LLC, as its Investment Advisor | ||
By: |
/s/ Xxxxx X. Xxxxxxxxxx |
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Title: Xxxxx X. Xxxxxxxxxx | |||
Title: Executive Vice President | |||
XXXXX XXXXX CDO IV, LTD. |
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By: | Xxxxx Xxxxx Management as Investment Advisor | ||
By: |
/s/ Xxxxx X. Page |
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Name: Xxxxx X. Page | |||
Title: Vice President | |||
XXXXX XXXXX INSTITUTIONAL SENIOR LOAN FUND |
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By: | Xxxxx Xxxxx Management as Investment Advisor | ||
By: |
/s/ Xxxxx X. Page |
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Name: Xxxxx X. Page | |||
Title: Vice President | |||
XXXXX XXXXX SENIOR INCOME TRUST |
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By: | Xxxxx Xxxxx Management as Investment Advisor | ||
By: |
/s/ Xxxxx X. Page |
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Name: Xxxxx X. Page | |||
Title: Vice President | |||
ELC (CAYMAN) LTD. |
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By: | Xxxxx X. Xxxxxx & Company Inc. as Collateral Manager | ||
By: |
/s/ Xxxx Xxxxx |
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Name: Xxxx Xxxxx | |||
Title: Managing Director | |||
ELC (CAYMAN) LTD. 2000-I |
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By: | Xxxxx X. Xxxxxx & Company Inc. as Collateral Manager | ||
By: |
/s/ Xxxx Xxxxx |
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Name: Xxxx Xxxxx | |||
Title: Managing Director |
8
ELC (CAYMAN) LTD. CDO SERIES 1999-I | |||
By: | Xxxxx X. Xxxxxx & Company Inc. as Collateral Manager | ||
By: |
/s/ Xxxx Xxxxx |
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Name: Xxxx Xxxxx | |||
Title: Managing Director | |||
ERSTE BANK |
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By: |
/s/ Xxxxxxx X. Xxxxxxxx |
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Name: Xxxxxxx X. Xxxxxxxx | |||
Title: Vice President | |||
By: |
/s/ Xxxxx XxXxxxxx |
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Name: Xxxxx XxXxxxxx | |||
Title: Vice President | |||
FIRSTRUST BANK |
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By: |
/s/ Xxxx Xxxxxx |
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Name: Xxxx Xxxxxx | |||
Title: Senior Vice President | |||
FLAGSHIP CLO 2001-1 |
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By: |
/s/ Xxxx X. Xxxxxxxxx |
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Name: Xxxx X. Xxxxxxxxx | |||
Title: Director | |||
FLEET NATIONAL BANK |
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By: |
/s/ Xxxxxxxx Xxxxxxx |
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Name: Xxxxxxxx Xxxxxxx | |||
Title: Director | |||
GENERAL ELECTRIC CAPITAL CORPORATION |
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By: |
/s/ W. Xxxxxx XxXxxxxxx |
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Name: W. Xxxxxx XxXxxxxxx | |||
Title: Duly Authorized Signatory | |||
XXXXXXX & CO. |
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By: | Boston Management and Research as Investment Advisor | ||
By: |
/s/ Xxxxx X. Page |
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Name: Xxxxx X. Page | |||
Title: Vice President | |||
XXXXXXXX CDO, LTD. |
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By: | Xxxxxxxxx Capital Partners LLC | ||
By: |
/s/ Xxxxxxxxxxx X. Xxxxx |
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Name: Xxxxxxxxxxx X. Xxxxx Title: Partner |
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HIGHLAND LEGACY LIMITED |
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By: | Highland Capital Management, L.P. as Collateral Manager | ||
By: |
/s/ Xxxx Xxxxx |
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Name: Xxxx Xxxxx | |||
Title: Chief Investment Officer, Highland Capital Management, L.P. | |||
HIGHLAND LOAN FUNDING V LTD. |
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By: | Highland Capital Management, L.P. as Collateral Manager | ||
By: |
/s/ Xxxx Xxxxx |
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Name: Xxxx Xxxxx | |||
Title: Chief Investment Officer, Highland Capital Management, L.P. | |||
JISSEKIKUN FUNDING, LTD. (#1288) |
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By: | Pacific Investment Management Company LLC, as its Investment Advisor | ||
By: |
/s/ Xxxxx X. Xxxxxxxxxx |
||
Name: Xxxxx X. Xxxxxxxxxx | |||
Title: Executive Vice President | |||
KZH CRESCENT LLC |
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By: |
/s/ Xxxxxx Xxxxx |
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Name: Xxxxxx Xxxxx | |||
Title: Authorized Agent | |||
KZH CRESCENT-2 LLC |
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By: |
/s/ Xxxxxx Xxxxx |
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Name: Xxxxxx Xxxxx | |||
Title: Authorized Agent | |||
KZH CRESCENT-3 LLC |
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By: |
/s/ Xxxxxx Xxxxx |
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Name: Xxxxxx Xxxxx | |||
Title: Authorized Agent | |||
KZH CYPRESSTREE-1 LLC |
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By: |
/s/ Xxxxxx Xxxxx |
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Name: Xxxxxx Xxxxx | |||
Title: Authorized Agent | |||
KZH ING-2 LLC |
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By: |
/s/ Xxxxxx Xxxxx |
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Name: Xxxxxx Xxxxx | |||
Title: Authorized Agent |
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KZH PONDVIEW LLC |
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By: |
/s/ Xxxxxx Xxxxx |
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Name: Xxxxxx Xxxxx | |||
Title: Authorized Agent | |||
KZH STERLING LLC |
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By: |
/s/ Xxxxxx Xxxxx |
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Name: Xxxxxx Xxxxx | |||
Title: Authorized Agent | |||
KZH WATERSIDE LLC |
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By: |
/s/ Xxxxxx Xxxxx |
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Name: Xxxxxx Xxxxx | |||
Title: Authorized Agent | |||
MIZUHO CORPORATE BANK, LTD. | |||
By: |
/s/ Naoki Yamamori |
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Name: Naoki Yamamori | |||
Title: Deputy General Manager | |||
NATIONAL CITY BANK |
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By: |
/s/ Xxxxxx Xxxxxxxxxxx |
||
Name: Xxxxxx Xxxxxxxxxxx | |||
Title: Account Officer | |||
OAK BROOK BANK |
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By: |
/s/ Xxxxx Xxxxxx |
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Name: Xxxxx Xxxxxx | |||
Title: Vice President | |||
PAMCO CAYMAN LTD |
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By: | Highland Capital Management, L.P. as Collateral Manager | ||
By: |
/s/ Xxxx Xxxxx |
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Name: Xxxx Xxxxx | |||
Title: Chief Investment Officer, Highland Capital Management, L.P. | |||
PROMETHEUS INVESTMENT FUNDING NO. 1 LTD. |
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By: | HVB Credit Advisors LLC | ||
By: |
/s/ Xxxxxx X. Xxxxx |
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Name: Xxxxxx X. Xxxxx | |||
Title: Director | |||
By: |
/s/ Xxxxxxxxx Xxxxxxxxx |
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Name: Xxxxxxxxx Xxxxxxxxx | |||
Title: Managing Director Chief Investment Officer |
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RESTORATION FUNDING CLO, LTD. |
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By: | Highland Capital Management, L.P. as Collateral Manager | ||
By: |
/s/ Xxxx Xxxxx |
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Name: Xxxx Xxxxx | |||
Title: Chief Investment Officer, Highland Capital Management, L.P. | |||
SENIOR DEBT PORTFOLIO |
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By: | Boston Management and Research as Investment Advisor | ||
By: |
/s/ Xxxxx X. Page |
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Name: Xxxxx X. Page | |||
Title: Vice President | |||
SEQUILS - CENTURION V, LTD. |
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By: | American Express Asset Management Group Inc. as Collateral Manager | ||
By: |
/s/ Xxxxxx Xxxxxxxxx |
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Name: Xxxxxx Xxxxxxxxx | |||
Title: Director-Operations | |||
SEQUILS I, LTD. |
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By: | TCW Advisors, Inc. as its Collateral Manager | ||
By: |
/s/ Xxxx X. Gold |
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Name: Xxxx X. Gold | |||
Title: Managing Director | |||
By: |
/s/ G. Xxxxxx Xxxxx |
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Name: G. Xxxxxx Xxxxx | |||
Title: Vice President | |||
SEQUILS IV, LTD. |
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By: | TCW Advisors, Inc. as its Collateral Manager | ||
By: |
/s/ Xxxx X. Gold |
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Name: Xxxx X. Gold | |||
Title: Managing Director | |||
By: |
/s/ G. Xxxxxx Xxxxx |
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Name: G. Xxxxxx Xxxxx | |||
Title: Vice President | |||
XXXXXXXXX ARBITRAGE CDO, LTD. |
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By: | Xxxxxxxxx Capital Partners LLC as Collateral Manager | ||
By: |
/s/ Xxxxxxxxxxx X. Xxxxx |
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Name: Xxxxxxxxxxx X. Xxxxx | |||
Title: Partner |
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SUNAMERICA SENIOR FLOATING RATE FUND, INC. |
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By: | Xxxxxxxxx Capital Partners LLC as Subadvisor | ||
By: |
/s/ Xxxxxxxxxxx X. Xxxxx |
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Name: Xxxxxxxxxxx X. Xxxxx | |||
Title: Partner | |||
XXXXXXX NOTCH CBO-I |
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By: | General Re-New England Asset Management, Inc., as Collateral Manager | ||
By: |
/s/ Xxxxx Xxxxxxxx |
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Name: Xxxxx Xxxxxxxx | |||
Title: Vice President | |||
TCW LEVERAGED INCOME TRUST, L.P. |
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By: | TCW Advisers (Bermuda), Ltd., as General Partner | ||
By: |
/s/ Xxxx X. Gold |
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Name: Xxxx X. Gold | |||
Title: Managing Director | |||
By: |
TCW Investment Management Company, as Investment Adviser |
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By: |
/s/ G. Xxxxxx Xxxxx |
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Name: G. Xxxxxx Xxxxx | |||
Title: Vice President | |||
TCW LEVERAGED INCOME TRUST II, L.P. |
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By: | TCW Advisers (Bermuda), Ltd., as General Partner | ||
By: |
/s/ Xxxx X. Gold |
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Name: Xxxx X. Gold | |||
Title: Managing Director | |||
By: |
TCW Investment Management Company, as Investment Adviser |
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By: |
/s/ G. Xxxxxx Xxxxx |
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Name: G. Xxxxxx Xxxxx | |||
Title: Vice President | |||
TCW SELECT LOAN FUND, LIMITED |
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By: | TCW Advisors, Inc. as its Collateral Manager | ||
By: |
/s/ Xxxx X. Gold |
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Name: Xxxx X. Gold | |||
Title: Managing Director | |||
By: |
/s/ G. Xxxxxx Xxxxx |
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Name: G. Xxxxxx Xxxxx Title: Vice President |
00
XXX XXXX XX XXX XXXX | |||
By: |
/s/ Xxxxxxx X. Xxxxx |
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Name: Xxxxxxx X. Xxxxx | |||
Title: SVP | |||
THE BANK OF NOVA SCOTIA |
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By: |
/s/ Xxxx Xxxxxxx |
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Name: Xxxx Xxxxxxx | |||
Title: Director | |||
THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND |
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By: |
/s/ Xxxx Xxxxxxx |
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Name: Xxxx Xxxxxxx | |||
Title: Associate Director | |||
By: |
/s/ Xxxxxx Xxxxxxx |
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Name: Xxxxxx Xxxxxxx | |||
Title: Deputy Manager | |||
THE SUMITOMO TRUST AND BANKING CO., LTD. |
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By: |
/s/ Xxxxxxxxx X. Xxxxx |
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Name: Xxxxxxxxx X. Xxxxx | |||
Title: Vice President | |||
TORONTO DOMINION (NEW YORK), INC. |
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By: |
/s/ Xxxxx Xxxxx |
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Name: Xxxxx Xxxxx | |||
Title: Vice President | |||
XXXXX CDO LTD. 2000-I |
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By: | Xxxxx X. Xxxxxx & Company Inc. as Collateral Manager | ||
By: |
/s/ Xxxx Xxxxx |
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Name: Xxxx Xxxxx | |||
Title: Managing Director | |||
XXXXXXX BANK |
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By: |
/s/ Xxxx Xxxxxxxx |
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Name: Xxxx Xxxxxxxx | |||
Title: Vice President | |||
WINDSOR LOAN FUNDING, LIMITED |
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By: | Xxxxxxxxx Capital Partners LLC as Collateral Manager | ||
By: |
/s/ Xxxxxxxxxxx X. Xxxxx |
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Name: Xxxxxxxxxxx X. Xxxxx | |||
Title: Partner |
14
Acknowledged and Agreed to by:
VESTAR CAPITAL PARTNERS III, L.P. |
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By: |
Vestar Associates III, L.P., its General Partner |
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By: |
Vestar Associates Corporation III, its General Partner |
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By: |
/s/ Xxxx X. Xxxxxxx |
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Name: | Xxxx X. Xxxxxxx | |||||
Title: | Managing Director | |||||
XXXX FOODS COMPANY |
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By: |
/s/ Xxxxxx X. Xxxxx |
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Name: | Xxxxxx X. Xxxxx | |||||
Title: | SVP Corporate Development | |||||
CONSOLIDATED CONTAINER COMPANY LP |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Name: | Xxxxxxx X. Xxxxxxx | |||||
Title: | SVP Finance and Accounting | |||||
XXXX PLASTICS GROUP LLC |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Name: | Xxxxxxx X. Xxxxxxx | |||||
Title: | SVP Finance and Accounting | |||||
CONSOLIDATED CONTAINER CAPITAL, INC. |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Name: | Xxxxxxx X. Xxxxxxx | |||||
Title: | SVP Finance and Accounting | |||||
PLASTIC CONTAINERS LLC |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Name: | Xxxxxxx X. Xxxxxxx | |||||
Title: | SVP Finance and Accounting | |||||
CONTINENTAL CARRIBEAN CONTAINERS, INC. |
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By: |
/s/ Xxxxxxx X. Xxxxxxx |
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Name: | Xxxxxxx X. Xxxxxxx | |||||
Title: | SVP Finance and Accounting |
15
Exhibit 10.1—SIXTH AMENDMENT AND WAIVER