EXHIBIT 10.25
COMPOSITE CONFORMED VERSION
SIXTH AMENDMENT
TO REVOLVING CREDIT, TERM LOAN AND
GUARANTY AGREEMENT
SIXTH AMENDMENT, dated as of February 15, 2006 (the "Amendment"), to
the REVOLVING CREDIT, TERM LOAN AND GUARANTY AGREEMENT, dated as of February 2,
2005, among X.X. TOWER CORPORATION, a Michigan corporation (the "Borrower"), a
debtor and debtor-in-possession in a case pending under Chapter 11 of the
Bankruptcy Code, TOWER AUTOMOTIVE, INC., a Delaware corporation and the parent
company of the Borrower (the "Parent"), and the subsidiaries of the Borrower
signatory hereto (together with the Parent, each a "Guarantor" and collectively
the "Guarantors"), each of which Guarantors is a debtor and debtor-in-possession
in a case pending under Chapter 11 of the Bankruptcy Code, JPMORGAN CHASE BANK,
N.A., a national banking association ("JPMCB"), each of the other financial
institutions from time to time party hereto (together with JPMCB, the "Lenders")
and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the
"Agent") for the Lenders.
W I T N E S S E T H:
WHEREAS, the Borrower, the Guarantors, the Lenders and the Agent are
parties to that certain Revolving Credit, Term Loan and Guaranty Agreement,
dated as of February 2, 2005, as amended by that certain First Amendment to
Revolving Credit, Term Loan and Guaranty Agreement, dated as of February 28,
2005, that certain Second Amendment to Revolving Credit, Term Loan and Guaranty
Agreement dated as of February 28, 2005, that certain Third Amendment to
Revolving Credit, Term Loan and Guaranty Agreement dated as of February 28,
2005, that certain Fourth Amendment to Revolving Credit, Term Loan and Guaranty
Agreement dated as of April 29, 2005 and that certain Fifth Amendment to
Revolving Credit, Term Loan and Guaranty Agreement dated as of October 3, 2005
(as the same may be further amended, restated, modified or supplemented from
time to time, the "Credit Agreement"); and
WHEREAS, the Borrower and the Guarantors have requested that from and
after the Effective Date (as hereinafter defined) of this Amendment, the Credit
Agreement be amended subject to and upon the terms and conditions set forth
herein.
NOW, THEREFORE, the parties hereto hereby agree as follows:
1. As used herein, all terms that are defined in the Credit
Agreement (in effect immediately prior to the Effective Date of this Amendment)
shall have the same meanings herein.
2. Section 1.01 of the Credit Agreement is hereby amended by
inserting the following new definition in its appropriate alphabetical order:
"Tower Automotive Korea" shall mean Tower Automotive Korea Co., Ltd.
3. Section 2.14(a) of the Credit Agreement is hereby amended by
deleting the words "the first sentence of Section 2.14(b)" appearing at the end
thereof and inserting in lieu thereof the words "the second sentence of Section
2.17".
4. Section 6.02 of the Credit Agreement is hereby amended by (A)
deleting clause (iii) thereof and (B) inserting the following new clause (iii)
in lieu thereof:
"(iii) any Foreign Subsidiary may merge or consolidate with
any other Foreign Subsidiary, and Tower Automotive Korea may merge
or consolidate with Seojin such that after giving effect to such
merger or consolidation Seojin, the surviving entity, shall continue
to be an indirect wholly-owned Subsidiary of the Parent and".
5. Section 6.03 of the Credit Agreement is hereby amended by
inserting in clause (iv) thereof immediately after the amount "$2,000,000"
appearing therein the following: "and Indebtedness incurred subsequent to the
Filing Date with respect to Capitalized Leases to the extent permitted under
Section 6.04".
6. This Amendment shall become effective on the date (the "Effective
Date") on which this Amendment shall have been executed by the Borrower, the
Guarantors, the Required Lenders and the Agent, and the Agent shall have
received evidence reasonably satisfactory to it of such execution.
7. Except to the extent hereby amended, the Credit Agreement and
each of the Loan Documents remain in full force and effect and are hereby
ratified and affirmed.
8. The Borrower agrees that its obligations set forth in Section
10.05 of the Credit Agreement shall extend to the preparation, execution and
delivery of this Amendment, including the reasonable fees and disbursements of
counsel to the Agent.
9. This Amendment shall be limited precisely as written and shall
not be deemed (a) to be a consent granted pursuant to, or a waiver or
modification of, any other term or condition of the Credit Agreement or any of
the instruments or agreements referred to therein or (b) to prejudice any right
or rights which the Agent or the Lenders may now have or have in the future
under or in connection with the Credit Agreement or any of the instruments or
agreements referred to therein. Whenever the Credit Agreement is referred to in
the Credit Agreement or any of the instruments, agreements or other documents or
papers executed or delivered in connection therewith, such reference shall be
deemed to mean the Credit Agreement as modified by this Amendment.
10. This Amendment may be executed in any number of counterparts and
by the different parties hereto in separate counterparts, each of which shall be
an original and all of which, when taken together, shall constitute but one and
the same instrument. A facsimile or .pdf copy of a counterpart signature page
shall serve as the functional equivalent of a manually executed copy for all
purposes.
2
11. This Amendment shall be governed by, and construed in accordance
with, the laws of the State of New York.
[SIGNATURE PAGES TO FOLLOW]
3
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be duly executed as of the day and the year first written.
BORROWER:
X.X. TOWER CORPORATION
By: /s/ Xxxxx Xxxxxx
-------------------------------------
Name: Xxxxx Xxxxxx
Title:
GUARANTORS:
Algoods, USA, Inc.
Tower Automotive, Inc.
Tower Automotive Bardstown, Inc.
Tower Automotive Bowling Green, LLC
Tower Automotive Chicago, LLC
Tower Automotive Finance, Inc.
Tower Automotive Granite City, LLC
Tower Automotive Granite City Services, LLC
Tower Automotive International Holdings, Inc.
Tower Automotive International Yorozu Holdings, Inc.
Tower Automotive International, Inc.
Tower Automotive Lansing, LLC
Tower Automotive Michigan, LLC
Tower Automotive Milwaukee, LLC
Tower Automotive Plymouth, Inc.
Tower Automotive Products Company, Inc.
Tower Automotive Receivables Company, Inc.
Tower Automotive Services and Technology, LLC
Tower Automotive Technology, Inc.
Tower Automotive Technology Products, Inc.
Tower Automotive Tool, LLC
Tower Services, Inc.
Trylon Corporation
By: /s/ Xxxxx Xxxxxx
-------------------------------------
Name: Xxxxx Xxxxxx
Title:
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
AGENT AND LENDERS:
JPMORGAN CHASE BANK, N.A.
INDIVIDUALLY AND AS AGENT
By: /s/ Xxxxxxx X. Xxxxx
----------------------------------------
Name: Xxxxxxx X. Xxxxx
Title: Managing Director
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
ALLSTATE LIFE INSURANCE COMPANY
By: /s/ Xxxxx Xxxxxxx
--------------------------------------
Name: Xxxxx Xxxxxxx
Title: Authorized Signatory
By: /s/ Xxxxxx X. Xxxxxxx
--------------------------------------
Name: Xxxxxx X. Xxxxxxx
Title: Authorized Signatory
AIMCO CLO, SERIES 2005-A
By: /s/ Xxxxx Xxxxxxx
--------------------------------------
Name: Xxxxx Xxxxxxx
Title: Authorized Signatory
By: /s/ Xxxxxx X. Xxxxxxx
--------------------------------------
Name: Xxxxxx X. Xxxxxxx
Title: Authorized Signatory
ARES X CLO LTD.
By: Ares CLO Management X, L.P.,
Investment Manager
By: Ares CLO GP X, LLC,
Its General Partner
By: /s/ Xxxx X. Xxxxxxx
--------------------------------------
Name: Xxxx X. Xxxxxxx
Title: Vice President
AVENUE CLO FUND, LIMITED
By: /s/ Xxxxxxx X'Xxxxxxx
--------------------------------------
Name: Xxxxxxx X'Xxxxxxx
Title: Senior Portfolio Manage
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
AVENUE CLO II, LIMITED
By: /s/ Xxxxxxx X'Xxxxxxx
--------------------------------------
Name: Xxxxxxx X'Xxxxxxx
Title: Senior Portfolio Manager
THE GOVERNOR AND COMPANY OF
THE BANK OF IRELAND
By: /s/ Xxxx X'Xxxxxx
--------------------------------------
Name: Xxxx X'Xxxxxx
Title: Authorised Signatory
By: /s/ Xxxx Xxxxxxxx
--------------------------------------
Name: Xxxx Xxxxxxxx
Title: Authorised Signatory
BANK OF SCOTLAND
By: /s/ Xxxxxx Xxxxxx
--------------------------------------
Name: Xxxxxx Xxxxxx
Title: First Vice President
AVENUE CLO FUND, LIMITED
By: /s/ Xxxxxxx X'Xxxxxxx
--------------------------------------
Name: Xxxxxxx X'Xxxxxxx
Title: Senior Portfolio Manager
BAYERISCHE LANDESBANK
By: /s/ Xxxxxx Xxxxxxxx
--------------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Senior Vice President
By: /s/ Xxxxxx XxXxxxx
--------------------------------------
Name: Xxxxxx XxXxxxx
Title: First Vice President
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
CANYON CAPITAL CLO 2004-1 LTD
By: /s/ Xxxxxxxx X. Xxxxx
--------------------------------------
Name: Xxxxxxxx X. Xxxxx
Title: Authorized Signatory
By: Canyon Capital Advisors LLC, a
Delaware limited liability company, its
Collateral Manager
CANYON CAPITAL CDO 2002-1 LTD
By: /s/ Xxxxxxxx X. Xxxxx
--------------------------------------
Name: Xxxxxxxx X. Xxxxx
Title: Authorized Signatory
By: Canyon Capital Advisors LLC, a
Delaware limited liability company, its
Collateral Manager
CARLYLE HIGH YIELD PARTNERS IV
By: /s/ Xxxx Xxxxx
--------------------------------------
Name: Xxxx Xxxxx
Title: Managing Director
CARLYLE HIGH YIELD PARTNERS VI
By: /s/ Xxxx Xxxxx
--------------------------------------
Name: Xxxx Xxxxx
Title: Managing Director
CARLYLE HIGH YIELD PARTNERS VII
By: /s/ Xxxx Xxxxx
--------------------------------------
Name: Xxxx Xxxxx
Title: Managing Director
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
CARLYLE LOAN OPPORTUNITY FUND
By: /s/ Xxxx Xxxxx
--------------------------------
Name: Xxxx Xxxxx
Title: Managing Director
CARLYLE LOAN INVESTMENT LTD.
By: /s/ Xxxx Xxxxx
--------------------------------
Name: Xxxx Xxxxx
Title: Managing Director
THE CIT GROUP / BUSINESS CREDIT,
INC.
By: /s/ Xxxxxxxxx Xxxxx
--------------------------------
Name: Xxxxxxxxx Xxxxx
Title: Assistant Vice President
CITADEL HILL 2000 LTD.
By: /s/ Xxxxx Xxxxxxx
--------------------------------
Name: Xxxxx Xxxxxxx
Title: Authorized Signatory
CLASSIC CAYMAN B.D. LIMITED
By: /s/ Xxxxx Xxxxx Xxxxx Xxxxxxx
--------------------------------
Name: Xxxxx Xxxxx Xxxxx Xxxxxxx
Title: Authorized Signatory
ATRIUM III
By: /s/ Xxxxxx Xxxxxxxx
--------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Authorized Signatory
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
CSAM FUNDING IV
By: /s/ Xxxxxx Xxxxxxxx
---------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Authorized Signatory
CSAM (AU) SYNDICATED LOAN FUND
By: /s/ Xxxxxx Xxxxxxxx
---------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Authorized Signatory
MADISON PARK FUNDING I, LTD.
By: /s/ Xxxxxx Xxxxxxxx
---------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Authorized Signatory
MADISON PARK FUNDING II LTD.
By: /s/ Xxxxxx Xxxxxxxx
---------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Authorized Signatory
XXXXXX'X ISLAND CDO, LTD.
By: CypressTree Investment Management
Company, Inc., as Portfolio Manager
By: /s/ Xxxxxx Xxxxxx
---------------------------------
Name: Xxxxxx Xxxxxx
Title: Managing Director
XXXXXX'X ISLAND CLO II, LTD.
By: CypressTree Investment Management
Company, Inc., as Portfolio Manager
By: /s/ Xxxxxx Xxxxxx
---------------------------------
Name: Xxxxxx Xxxxxx
Title: Managing Director
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXXX'X ISLAND CLO III, LTD.
By: CypressTree Investment Management
Company, Inc., as Portfolio Managerp
By: /s/ Xxxxxx Xxxxxx
------------------------------------------
Name: Xxxxxx Xxxxxx
Title: Managing Director
INVESTORS BANK & TRUST COMPANY
AS SUB-CUSTODIAN AGENT OF
CYPRESSTREE INTERNATIONAL LOAN
HOLDING COMPANY LIMITED
By: /s/ Xxxxxx Xxxxxxx
------------------------------------------
Name: Xxxxxx Xxxxxxx
Title: Managing Director
By: /s/ Xxxxxx Xxxxxx
------------------------------------------
Name: Xxxxxx Xxxxxx
Title: Managing Director
SENIOR DEBT PORTFOLIO
By: Boston Management and Research as
Investment Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX SENIOR INCOME TRUST
By: Xxxxx Xxxxx Management as Investment
Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXX XXXXX INSTITUTIONAL SENIOR
LOAN FUND
By: Xxxxx Xxxxx Management as Investment
Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
-------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX CDO III, LTD.
By: Xxxxx Xxxxx Management as Investment
Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
-------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX CDO VI, LTD.
By: Xxxxx Xxxxx Management as Investment
Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
-------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX CDO VIII, LTD.
By: Xxxxx Xxxxx Management as Investment
Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
-------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXXXX & CO.
By: Boston Management and Research as
Investment Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
---------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX LIMITED DURATION
INCOME FUND
By: Xxxxx Xxxxx Management as Investment
Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
---------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
TOLLI & CO.
By: Xxxxx Xxxxx Management as Investment
Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
---------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX SENIOR FLOATING-RATE
TRUST
By: Xxxxx Xxxxx Management as Investment
Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
---------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXX XXXXX FLOATING-RATE
INCOME TRUST
By: Xxxxx Xxxxx Management as Investment
Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX SHORT DURATION
DIVERSIFIED INCOME FUND
By: Xxxxx Xxxxx Management as Investment
Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
XXXXX XXXXX VARIABLE LEVERAGE
FUND LTD.
By: Xxxxx Xxxxx Management as Investment
Advisor
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
BALLYROCK CDO I LIMITED, BY:
BALYROCK INVESTMENT ADVISORS
LLC
By: /s/ Xxxx Xxxxx
------------------------------------
Name: Xxxx Xxxxx
Title: Assistant Treasurer
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
BALLYROCK CDO II LIMITED, BY:
BALLYROCK INVESTMENT ADVISORS
LLC
By: /s/ Xxxx Xxxxx
--------------------------------
Name: Xxxx Xxxxx
Title: Assistant Treasurer
BALLYROCK CLO III LIMITED, BY:
BALLYROCK INVESTMENT ADVISORS
LLC
By: /s/ Xxxx Xxxxx
--------------------------------
Name: Xxxx Xxxxx
Title: Assistant Treasurer
GENERAL ELECTRIC CAPITAL
CORPORATION
By: /s/ Xxxxxx X. Xxxxx
--------------------------------
Name: Xxxxxx X. Xxxxx
Title: Duly Authorized Signatory
HARBOUR TOWN FUNDING LLC
By: /s/ M. Xxxxxxxx Xxxxxxx
--------------------------------
Name: M. Xxxxxxxx Xxxxxxx
Title: Assistant Vice President
FIRST TRUST/HIGHLAND CAPITAL
FLOATING RATE INCOME FUND
By: /s/ Xxx Xxxxxxxxx
--------------------------------
Name: Xxx Xxxxxxxxx
Title: Portfolio Manager
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
HIGHLAND FLOATING RATE
ADVANTAGE FUND
By: /s/ Xxx Xxxxxxxxx
-----------------------------------------
Name: Xxx Xxxxxxxxx
Title: Senior Vice President
SOUTHFORK CLO, LTD.
By: Highland Capital Management, L.P., as
Collateral Manager
By: Strand Advisors, Inc., Its General Partner
By: /s/ Xxxx Xxxxxxxx
-----------------------------------------
Name: Xxxx Xxxxxxxx
Title: Assistant Treasurer
Strand Advisors, Inc., General
Partner of Highland Capital
Management, L.P.
GLENEAGLES CLO, LTD.
By: Highland Capital Management, L.P., as
Collateral Manager
By: Strand Advisors, Inc., Its General Partner
By: /s/ Xxxx Xxxxxxxx
-----------------------------------------
Name: Xxxx Xxxxxxxx
Title: Assistant Treasurer
Strand Advisors, Inc., General
Partner of Highland Capital
Management, L.P.
HIGHLAND LEGACY LIMITED
By: Highland Capital Management, L.P., as
Collateral Manager
By: Strand Advisors, Inc., Its General Partner
By: /s/ Xxxx Xxxxxxxx
-----------------------------------------
Name: Xxxx Xxxxxxxx
Title: Assistant Treasurer
Strand Advisors, Inc., General
Partner of Highland Capital
Management, L.P.
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
ALZETTE EUROPEAN CLO S.A.
By: Invesco Senior Secured Management, Inc. as
Collateral Manager
By: /s/ Xxxxxx Xxxxxxx
------------------------------------------
Name: Xxxxxx Xxxxxxx
Title: Authorized Signatory
AVALON CAPITAL LTD.
By: Invesco Senior Secured Management, Inc. as
Collateral Manager
By: /s/ Xxxxxx Xxxxxxx
------------------------------------------
Name: Xxxxxx Xxxxxxx
Title: Authorized Signatory
AVALON CAPITAL LTD. 3
By: Invesco Senior Secured Management, Inc. as
Asset Manager
By: /s/ Xxxxxx Xxxxxxx
------------------------------------------
Name: Xxxxxx Xxxxxxx
Title: Authorized Signatory
AIM FLOATING RATE FUND
By: Invesco Senior Secured Management, Inc. as
Sub-Adviser
By: /s/ Xxxxxx Xxxxxxx
------------------------------------------
Name: Xxxxxx Xxxxxxx
Title: Authorized Signatory
KC CLO I LIMITED
By: /s/ Xxxx Xxxxxxxx Xxxxx Xxxxxx
------------------------------------------
Name: Xxxx Xxxxxxxx Xxxxx Xxxxxx
Title: Vice President Vice President
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
KKR FINANCIAL CLO 2005-1, LTD.
By: /s/ Xxxxxxxx X. Xxxxx
---------------------------------------
Name: Xxxxxxxx X. Xxxxx
Title: Authorized Signatory
LANDMARK V CDO LIMITED
By: Aladdin Capital Management LLC, as
Manager
By: /s/ Xxxxxx Xxxxxxx, CFA
---------------------------------------
Name: Xxxxxx Xxxxxxx, CFA
Title: Managing Director
LIGHTPOINT CLO 2004-1, LTD.
PREMIUM LOAN TRUST I, LTD.
LIGHTPOINT CLO III, LTD.
By: /s/ Xxxxxxx X. Xxx Xxxx
---------------------------------------
Name: Xxxxxxx X. Xxx Xxxx
Title: Managing Director
LONG LANE MASTER TRUST IV
By: /s/ M. Xxxxxxxx Xxxxxxx
---------------------------------------
Name: M. Xxxxxxxx Xxxxxxx
Title: Authorized Agent
WIND RIVER CLO I LTD.
By: XxXxxxxxx Investment Management LLC, as
Manager
By: /s/ Xxxxxxxx X. Xxxx
---------------------------------------
Name: Xxxxxxxx X. Xxxx
Title: Vice President
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
WIND RIVER CLO II - XXXX INVESTORS,
LTD.
By: XxXxxxxxx Investment Management LLC, as
Manager
By: /s/ Xxxxxxxx X. Xxxx
----------------------------------------
Name: Xxxxxxxx X. Xxxx
Title: Vice President
XXXXXXX XXXXX CAPITAL, A DIVISION
OF XXXXXXX XXXXX BUSINESS
FINANCIAL SERVICES
By: /s/ Xxxxxx Xxxxxxx
----------------------------------------
Name: Xxxxxx Xxxxxxx
Title: Assistant Vice President
NATEXIS BANQUES POPULAIRES
By: /s/ Xxxxxx Xxxx
----------------------------------------
Name: Xxxxxx Xxxx
Title: Vice President
NATIONWIDE MUTUAL INSURANCE
COMPANY
By: /s/ Xxxxxx X. Xxxxx
----------------------------------------
Name: Xxxxxx X. Xxxxx
Title: Authorized Signatory
RED FOX FUNDING LLC
By: /s/ M. Xxxxxxxx Xxxxxxx
----------------------------------------
Name: M. Xxxxxxxx Xxxxxxx
Title: Assistant Vice President
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
CENTURION CDO VI, LTD.
By: RiverSource Investments, LLC as Collateral
Manager
By: /s/ Xxxxxxx X. Xxxx
-------------------------------------------
Name: Xxxxxxx X. Xxxx
Title: Director - Operations
CENTURION CDO VII, LTD.
By: RiverSource Investments, LLC as Collateral
Manager
By: /s/ Xxxxxxx X. Xxxx
-------------------------------------------
Name: Xxxxxxx X. Xxxx
Title: Director - Operations
CENTURION CDO 8, LIMITED
By: RiverSource Investments, LLC as Collateral
Manager
By: /s/ Xxxxxxx X. Xxxx
-------------------------------------------
Name: Xxxxxxx X. Xxxx
Title: Director - Operations
CENTURION CDO 9, LIMITED
By: RiverSource Investments, LLC as Collateral
Manager
By: /s/ Xxxxxxx X. Xxxx
-------------------------------------------
Name: Xxxxxxx X. Xxxx
Title: Director - Operations
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
CENT CDO 10 LIMITED
By: RiverSource Investments, LLC as Collateral
Manager
By: /s/ Xxxxxxx X. Xxxx
------------------------------------------
Name: Xxxxxxx X. Xxxx
Title: Director - Operations
CENT CDO XI, LIMITED
By: RiverSource Investments, LLC as Collateral
Manager
By: /s/ Xxxxxxx X. Xxxx
------------------------------------------
Name: Xxxxxxx X. Xxxx
Title: Director - Operations
AMERIPRISE CERTIFICATE COMPANY
By: RiverSource Investments, LLC as Collateral
Manager
By: /s/ Xxxxxxx X. Xxxx
------------------------------------------
Name: Xxxxxxx X. Xxxx
Title: Director - Operations
IDS LIFE INSURANCE COMPANY
By: RiverSource Investments, LLC as Collateral
Manager
By: /s/ Xxxxxxx X. Xxxx
------------------------------------------
Name: Xxxxxxx X. Xxxx
Title: Director - Operations
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
SANKATY ADVISORS, LLC AS
COLLATERAL MANAGER FOR
PROSPECT FUNDING I, LLC AS TERM
LENDER
By: /s/ Xxxxx X. Xxxxx
--------------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
SANKATY ADVISORS, LLC AS
COLLATERAL MANAGER FOR CASTLE
HILL I - INGOTS, LTD., AS TERM
LENDER
By: /s/ Xxxxx X. Xxxxx
--------------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
SANKATY ADVISORS, LLC AS
COLLATERAL MANAGER FOR XXXXX
POINT CLO, LTD., AS TERM LENDER
By: /s/ Xxxxx X. Xxxxx
--------------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
SANKATY ADVISORS, LLC AS
COLLATERAL MANAGER FOR CASTLE
HILL II - INGOTS, LTD., AS TERM
LENDER
By: /s/ Xxxxx X. Xxxxx
--------------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
SANKATY ADVISORS, LLC AS
COLLATERAL MANAGER FOR LOAN
FUNDING XI LLC, AS TERM LENDER
By: /s/ Xxxxx X. Xxxxx
---------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
SANKATY ADVISORS, LLC AS
COLLATERAL MANAGER FOR RACE
POINT CLO, LIMITED, AS TERM LENDER
By: /s/ Xxxxx X. Xxxxx
---------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
CHATHAM LIGHT II CLO, LIMITED, BY
SANKATY ADVISORS LLC, AS
COLLATERAL MANAGER
By: /s/ Xxxxx X. Xxxxx
---------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
SANKATY ADVISORS, LLC AS
COLLATERAL MANAGER FOR RACE
POINT II CLO, LIMITED, AS TERM
LENDER
By: /s/ Xxxxx X. Xxxxx
---------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
SANKATY ADVISORS, LLC AS
COLLATERAL MANAGER FOR CASTLE
HILL III CLO, LIMITED, AS TERM
LENDER
By: /s/ Xxxxx X. Xxxxx
------------------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
SANKATY HIGH YIELD PARTNERS, II,
L.P.
By: /s/ Xxxxx X. Xxxxx
------------------------------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director
Portfolio Manager
SCOTIABANK IRELAND LIMITED
By: /s/ Xxxxxx Xxxxxxxx
------------------------------------------
Name: Xxxxxx Xxxxxxxx
Title: Loan Closer
SKY LOAN FUNDING
By: /s/ Xxxxx Xxxx
------------------------------------------
Name: Xxxxx Xxxx
Title: Authorized Signatory
VELOCITY CLO, LTD.
By: TCW Advisors, Inc.,
its Collateral Manager
By: /s/ Xxxxxxx Xxx
------------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxxxxxx
------------------------------------------
Name: Xxxxx Xxxxxxxxxx
Title: Vice President
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
CELEBRITY CLO, LIMITED
By: TCW Advisors, Inc.,
as Agent
By: /s/ Xxxxxxx Xxx
----------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxxxxxx
----------------------------------------
Name: Xxxxx Xxxxxxxxxx
Title: Vice President
DARIEN LOAN FUNDING COMPANY
By: TCW Advisors as its Interim
Collateral Manager
By: /s/ Xxxxxxx Xxx
----------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxxxxxx
----------------------------------------
Name: Xxxxx Xxxxxxxxxx
Title: Vice President
FIRST 2004-I CLO, LTD.
By: TCW Advisors, Inc.,
its Collateral Manager
By: /s/ Xxxxxxx Xxx
----------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxxxxxx
----------------------------------------
Name: Xxxxx Xxxxxxxxxx
Title: Vice President
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
FIRST 2004-II CLO, LTD.
By: TCW Advisors, Inc.,
its Collateral Manager
By: /s/ Xxxxxxx Xxx
-----------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxxxxxx
-----------------------------------------
Name: Xxxxx Xxxxxxxxxx
Title: Vice President
LOAN FUNDING I LLC
a wholly owned subsidiary of Citibank, N.
By: TCW Advisors, Inc.,
as Portfolio Manager of Loan Funding I
LLC
By: /s/ Xxxxxxx Xxx
-----------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxxxxxx
-----------------------------------------
Name: Xxxxx Xxxxxxxxxx
Title: Vice President
TCW SELECT LOAN FUND, LIMITED
By: TCW Advisors, Inc., as its
Collateral Manager
By: /s/ Xxxxxxx Xxx
-----------------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
By: /s/ Xxxxx Xxxxxxxxxx
-----------------------------------------
Name: Xxxxx Xxxxxxxxxx
Title: Vice President
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
TRS IO LLC
By: /s/ Xxxxx X. Xxxxxx
-----------------------------------------
Name: Xxxxx X. Xxxxxx
Title: Vice President
TRS SVCO LLC
By: /s/ Xxxxx X. Xxxxxx
-----------------------------------------
Name: Xxxxx X. Xxxxxx
Title: Vice President
USB AG, STAMFORD BRANCH
By: /s/ Xxxxxxx X. Xxxxxx
-----------------------------------------
Name: Xxxxxxx X. Xxxxxx
Title: Director
Banking Products Services, US
By: /s/ Xxxx Xxxxxxxxxxxx
-----------------------------------------
Name: Xxxx Xxxxxxxxxxxx
Title: Associate Director
Banking Products Services, US
WACHOVIA CAPITAL FINANCE
CORPORATION (CENTRAL)
By: /s/ Xxxxxxx Xxxxxxxx
-----------------------------------------
Name: Xxxxxxx Xxxxxxxx
Title: Director
FOOTHILL GROUP
By: /s/ Xxxxx Xxxxxx
-----------------------------------------
Name: Xxxxx Xxxxxx
Title: Executive Vice President
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement
XXXXX FARGO FOOTHILL, LLC
By: /s/ Xxxxxxx XxXxxxxxx
----------------------------------------
Name: Xxxxxxx XxXxxxxxx
Title: Assistant Vice President
DKR WOLF POINT HOLDING FUND LTD.
By: /s/ Xxxxx X. Xxxxxxxxxx
----------------------------------------
Name: Xxxxx X. Xxxxxxxxxx
Title: Senior Managing Director
DINOSAUR SPIRET LOAN TRUST
By: Wilmington Trust Company Not In Its
Individual Capacity But Solely As Trustee
By: /s/ Xxxxxx X. Xxxxxxx
----------------------------------------
Name: Xxxxxx X. Xxxxxxx
Title: Financial Services Officer
Signature Page to Sixth Amendment to Revolving
Credit, Term Loan and Guaranty Agreement