WAIVER, CONSENT AND NINTH AMENDMENT TO REVOLVING CREDIT, TERM LOAN AND GUARANTY AGREEMENT
WAIVER, CONSENT AND NINTH AMENDMENT
TO REVOLVING CREDIT, TERM LOAN AND
GUARANTY AGREEMENT
WAIVER, CONSENT AND NINTH AMENDMENT, dated as of November 5, 2004 (the "Amendment"), to the REVOLVING CREDIT, TERM LOAN AND GUARANTY AGREEMENT, dated as of December 24, 2002, among UNITED AIR LINES, INC., a Delaware corporation (the "Borrower"), a debtor and a debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, UAL CORPORATION, a Delaware corporation and the parent company of the Borrower (the "Parent") and all of the direct and indirect subsidiaries of the Borrower and the Parent signatory thereto (the "Subsidiaries" and together with the Parent, each a "Guarantor" and collectively the "Guarantors"), each of which Guarantors referred to in this paragraph is a debtor and a debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, JPMORGAN CHASE BANK, a New York banking corporation ("JPMorgan Chase"), CITICORP USA, INC., a Delaware corporation ("CUSA"), THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation ("CIT Group"), GENERAL ELECTRIC CAPITAL CORPORATION, a New York corporation ("GECC"), each of the other financial institutions from time to time party thereto (together with JPMorgan Chase, CUSA, CIT Group and GECC, the "Lenders"), JPMORGAN CHASE BANK and CUSA, as co-administrative agents (together, the "Agents") for the Lenders, and JPMORGAN CHASE BANK, as paying agent (in such capacity, the "Paying Agent") for the Lenders.
W I T N E S S E T H:
WHEREAS, the Borrower, the Guarantors, the Lenders, the Agents and the Paying Agent are parties to that certain Revolving Credit, Term Loan and Guaranty Agreement, dated as of December 24, 2002 (as heretofore amended, modified or supplemented, and as in effect on the date hereof, the "Credit Agreement"); and
WHEREAS, the Borrower and the Guarantors have requested that from and after the Effective Date (as hereinafter defined), the Lenders agree to (i) waive the anticipated Events of Default described in Article II hereof, (ii) consent to the modification of certain mandatory prepayment obligations of the Borrower and (iii) amend the Credit Agreement as set forth in Article IV hereof, all subject to and upon the terms and conditions set forth herein.
NOW, THEREFORE, the parties hereto hereby agree as follows:
ARTICLE I. DEFINITIONS.
1. As used herein, all terms that are defined in the Credit Agreement shall have the same meanings herein.
ARTICLE II. WAIVERS.
2. Waivers. The Lenders hereby waive any Event or Events of Default that might occur as a result of the Borrower's and the Guarantors' anticipated failure to comply with the cumulative consolidated EBITDAR covenant in Section 6.05 of the Credit Agreement for the twelve-month periods ending on October 31, 2004, November 30, 2004 and December 31, 2004.
ARTICLE III. CONSENTS.
3. Consent to Retention of Proceeds. Notwithstanding anything to the contrary set forth in that certain Waiver and Consent Letter, dated as of September 30, 2003, the Lenders hereby agree that the Borrower will not be required to prepay the Loans (and permanently reduce the Total Tranche A Commitment and the Total Tranche B Commitment) with any portion of the proceeds of the Slot Transactions relating to certain Primary Foreign Slots at Heathrow Airport referred to in such Waiver and Consent Letter.
4. Consent to Slot Transactions. The Lenders hereby consent to (i) the consummation by the Borrower of certain transactions relating to Primary Foreign Slots as described in Exhibit A hereto to the extent set forth therein and (ii) the modification of Schedule 1.01(b) to the Credit Agreement and Schedule 4(f) to the SGR Security Agreement as set forth in Exhibit A hereto.
ARTICLE IV. AMENDMENTS.
5. Amendment to Section 2.01(a)(2). Section 2.01(a)(2) of the Credit Agreement is hereby amended by deleting the words "Notwithstanding anything to the contrary in Section 2.01(c), upon" appearing at the beginning thereof and inserting in lieu thereof the word "Upon".
6. Amendment to Section 2.13. Section 2.13(e) of the Credit Agreement is hereby amended by deleting the following from the first sentence thereof: ", (xvi)".
7. Incorporation of New Section 5.23. Section 5 of the Credit Agreement is hereby amended by incorporating the following new Section 5.23 at the end thereof:
8. Amendment to Section 6.11(xvi). Section 6.11(xvi) of the Credit Agreement is hereby amended in its entirety to read as follows:SECTION 5.23 Cost Savings Report. On or about December 15, 2004, deliver to the Lenders a status report regarding the Borrower's and the Guarantors' progress in realizing the additional cost savings projected in that certain updated business plan dated November 5, 2004 heretofore delivered
to the Lenders.
- "(xvi) from and after the effective date of the
Eighth Amendment, the sale or other
disposition by the Borrower of ownership interests which it holds in Orbitz in addition
to the sales or other dispositions permitted pursuant to Section 6.11(xiv)(B);"
-
ARTICLE V. MISCELLANEOUS.
(a) Execution. This Amendment shall have been executed by the Borrower, the Guarantors and Lenders constituting Required Lenders, and each Agent shall have received evidence reasonably satisfactory to it of such execution.
(b) Bankruptcy Court Order; Payment of Fees. By no later than November 22, 2004, the Bankruptcy Court shall have entered an order satisfactory in form and substance to the Agents authorizing the payment by the Borrower (i) to the Paying Agent for the respective account of each Lender that has executed and delivered to each Agent a counterpart of this Amendment by not later than 12:00 noon (New York City time) on November 22, 2004, of an amendment fee in an amount equal to ? of 1% of such Lender's combined Tranche A Commitment and Tranche B Commitment on November 4, 2004 and (ii) of other fees referred to in that certain Ninth Amendment Fee Letter dated the date hereof, and (y) such amendment and other fees shall have been paid in cash to the Paying Agent within one Business Day after entry of the order referred to above.
Upon the Effective Date, any default or Event of Default that may have occurred prior to the Effective Date as a result of the Borrower's consummation of the sale or other disposition by the Borrower of ownership interests which it holds in Orbitz prior to the Effective Date shall be cured and no longer continuing to the extent permitted by Section 6.11(xvi) of the Credit Agreement as amended by this Amendment; provided, that upon the consummation of any such sale prior to the Effective Date, the proceeds of such sale which would be required to be prepaid pursuant to Section 6.11(xvi) of the Credit Agreement without giving effect to the modifications of such sub-section provided for in this Amendment shall be held in an account maintained with the Paying Agent which shall be under the sole and exclusive control of the Paying Agent, and upon the Effective Date, the Paying Agent shall remit the funds maintained in such account to the Borrower.
11. Ratification. 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.
12. Costs and Expenses. 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.
13. Representations and Warranties. The Borrower represents and warrants to the Lenders that no Event of Default or event that with the passage of time would constitute an Event of Default exists on the date hereof after giving effect to the waiver set forth in Article II hereof, the amendments set forth in Article III hereof and the cure of any Event of Default described in paragraph 10 hereof and that each of the representations and warranties made by the Borrower in the Credit Agreement and each other Loan Document are true and correct in all material respects as of the date hereof except where such representation or warranty relates to a specific date, in which case such representation or warranty shall be true and correct in all material respects as of such date.
14. References. 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 Agents 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.
15. Counterparts. This Amendment may be executed in any number of counterparts and by the different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument. A fax copy of a counterpart signature page shall serve as the functional equivalent of a manually executed copy for all purposes.
16. Applicable Law. This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York.
[SIGNATURE PAGES TO FOLLOW]
IN WITNESS WHEREOF, the parties hereto have caused this Waiver, Consent
and Ninth Amendment to be duly executed as of the day and the year first
written.
| BORROWER: |
| UNITED AIR LINES, INC.
By: /s/ Xxxxxxxx X. Xxxxx
|
| GUARANTORS: |
| UAL CORPORATION
By: /s/ Xxxxxxxx X. Xxxxx
|
| UAL LOYALTY SERVICES, INC.
By: /s/ Xxxxxx X. Xxxxxx
|
| UAL COMPANY SERVICES, INC.
By: /s/ Xxxxxxxx X. Xxxxx
|
| CONFETTI, INC.
By: /s/ Xxxxxx X. Xxxxxx
|
| MILEAGE PLUS HOLDINGS, INC.
By: /s/ Xxxxxx X. Xxxxxx
|
| MILEAGE PLUS MARKETING, INC.
By: /s/ Xxxxxx X. Xxxxxx
|
| XXXXXXXX.XXX, INC.
By: /s/ Xxxxxx X. Xxxxxx
|
| CYBERGOLD, INC.
By: /s/ Xxxxxx X. Xxxxxx
|
| XXXXXXX.XXX, INC.
By: /s/ Xxxxxx X. Xxxxxx
|
|
MYPOINTS OFFLINE SERVICES, INC. By: /s/ Xxxxxx X. Xxxxxx
|
| UAL BENEFITS MANAGEMENT, INC.
By: /s/ Xxxxxxxx X. Xxxxx
|
| UNITED BIZ JET HOLDINGS, INC.
By: /s/ Xxxxxx X. Xxxxxx
|
| BIZJET CHARTER, INC.
By: /s/ Xxxxxx X. Xxxxxx
|
| BIZJET FRACTIONAL, INC.
By: /s/ Xxxxxx X. Xxxxxx
|
| BIZJET SERVICES, INC.
By: /s/ Xxxxxx X. Xxxxxx
|
| KION LEASING, INC.
By: /s/ Xxxxxxxx X. Xxxxx
|
| PREMIER MEETING AND TRAVEL
SERVICES, INC. By: /s/ Xxxxxxxx X. Xxxxx
|
| UNITED AVIATION FUELS CORPORATION
By: /s/ Xxxxxxxx X. Xxxxx
|
| UNITED COGEN, INC.
By: /s/ Xxxx Xxxxxxx
|
| MILEAGE PLUS, INC.
By: /s/ Xxxxxxxx X. Xxxxx
|
| UNITED GHS, INC.
By: /s/ Xxxxxxxx X. Xxxxx
|
| UNITED WORLDWIDE CORPORATION
By: /s/ Xxxxxxxx X. Xxxxx
|
| UNITED VACATIONS, INC.
By: /s/ Xxxxxxxx X. Xxxxx
|
| FOUR STAR LEASING, INC.
By: /s/ Xxxxxxxx X. Xxxxx
|
| AIR WIS SERVICES, INC.
By: /s/ Xxxxxxxx X. Xxxxx
|
| AIR WISCONSIN, INC.
By: /s/ Xxxxxxxx X. Xxxxx
|
| DOMICILE MANAGEMENT SERVICES, INC.
By: /s/ Xxxx Xxxxxxx
|
| LENDERS: |
| JPMORGAN CHASE BANK
By: /s/ Xxxxxxx X. Xxxxxx
|
| CITICORP USA, INC.
By: /s/ Xxxxx X. XxXxxxxx
|
| CIT BUSINESS CREDIT INC.
By: /s/ Xxxxxxx Xxxxxxxxx
|
| GENERAL ELECTRIC CAPITAL CORPORATION
By: /s/ Xxxxx X. Xxxxxxxx
|
| ACC CBNA LOAN FUNDING LLC
By: /s/ Chi S. Le________
|
| ANCHORAGE CAPITAL MASTER OFFSHORE, LTD.
By: Anchorage Advisors, L.L.C., its advisor By: Anchorage Advisors Management, L.L.C., its
By: /s/ Xxxxxxx Xxxxx
|
| ARES LEVERAGED INVESTMENT FUND II, L.P.
By: ARES Management II, L.P.
By: /s/ Xxxx X. Xxxxxxx
|
| ARES VI CLO Ltd.
By: ARES CLO Management VI, L.P.
By: ARES CLO GP V, LLC
By: /s/ Xxxx X. Xxxxxxx
|
| ARES VII CLO Ltd.
By: ARES CLO Management VII, L.P.
By: ARES CLO GP VII, LLC
By: /s/ Xxxx X. Xxxxxxx |
| ARES VIII CLO LTD.
By: ARES CLO Management VIII, L.P.
By: ARES CLO GP VIII, LLC
|
| ARES TOTAL VALUE FUND, L.P.
By: ARES Total Value Management LLC
|
| ARES IX CLO LTD.
By: Ares CLO Management IX, L.P.,
By: Ares CLO GP IX, LLC,
|
| ARES ENHANCED LOAN INVESTMENT STRATEGY, LTD.
By: Ares Enhanced Loan Management, L.P.,
By: Ares Enhanced Loan GP, LLC
|
| AVL LOAN FUNDING LLC
By: /s/ Xxxxx Xxxxx
|
| AZURE
By: /s/ Xxxxx Xxxxxxxx
|
| SUFFIELD CLO, LIMITED
BABSON CLO LTD 2003-I BABSON CLO LTD 2004-I BABSON CLO LTD 2004-II By: Babson Capital Management LLC as Collateral Manager By: /s/ Xxxx X. Xxxxx
|
| BAYERISCHE LANDESBANK
By: /s/ Xxxxxx von Kistowsky
By: /s/ Xxxxx Xxxx
|
| XXXX & XXXXXXX XXXXX FOUNDATION
By: Babson Capital Management LLC, as
By: /s/ Xxxx X. Xxxxx
|
| BLACK DIAMOND INTERNATIONAL FUNDING LTD.
By: /s/ Xxxx Xxxxxxx
|
| BUSHNELL CBNA LOAN FUNDING
By: /s/ Xxxxx Xxxxx
|
| CANPARTNERS INVESTMENTS IV, LLC
By: Canpartners Investments IV, LLC, a California limited liability company By: /s/ X. Xxxxxxxxx X. Xxxxxxx
|
| CANYON CAPITOL CDO 2002-1 LTD.
By: Canyon Capitol Advisors LLC
By: /s/ X. Xxxxxxxxx X. Xxxxxxx
|
| CANYON CAPITOL CDO 2004-1 LTD.
By: Canyon Capitol Advisors LLC
By: /s/ X. Xxxxxxxxx X. Xxxxxxx
|
| CITIBANK N.A.
By: /s/ Xxxxx Xxxxx
|
| CITIGROUP FINANCIAL PRODUCTS
By: Antares Asset Management Inc.,
|
| COSTANTINUS XXXXX XXXXX CDO V, LTD.
By: Xxxxx Xxxxx Management
By: /s/ Xxxxxxx X. Xxxxxxx
|
| CYPRESSTREE CLAIF FUNDING LLC
By: /s/ Xxxxxxxx X. Xxxxxxx
|
| Investors Bank & Trust Company as Sub-custodian
Agent of CYPRESSTREE INTERNATIONAL LOAN HOLDING COMPANY LIMITED
By: /s/ Xxxxxxx Xxxxx
By: /s/ Xxxx X. [illegible]
|
| DEEPHAVEN DISTRESSED
OPPORTUNITIES TRADING LTD. By: /s/ Xxxxx X. Xxxxxx
|
| DELAWARE STREET CAPITAL MASTER FUND, L.P.
By: /s/ Xxxxxxxx Xxxxx
|
| XXXXXXXXX FINANCIAL SECURITY LIFE ASSURANCE COMPANY
By: Marathon Asset Management, LLC
By: /s/ Xxxxx Xxxxxxx
|
| DIVERSIFIED CREDIT STRATEGIES FUND LISPENARD STREET CREDIT
FUND
By: CSFB Alternative Capital, Inc. as advisor By: /s/ Xxxxxx Xxxxx
|
| EAST WEST BANK
By: /s/ Xxxxx X. Xxxxx
|
| XXXXX XXXXX CDO III, LTD.
By: Xxxxx Xxxxx Management
By: /s/ Xxxxxxx X. Xxxxxxx
|
| XXXXX XXXXX CDO VI LTD.
By: Xxxxx Xxxxx Management
By: /s/ Xxxxxxx X. Xxxxxxx
|
| XXXXX XXXXX FLOATING RATE
INCOME TRUST By: Xxxxx Xxxxx Management
By: /s/ Xxxxxxx X. Xxxxxxx
|
| XXXXX XXXXX INSTITUTIONAL SENIOR LOAN FUND
By: Xxxxx Xxxxx Management
By: /s/ Xxxxxxx X. Xxxxxxx
|
| XXXXX XXXXX LIMITED DURATION INCOME FUND
By: Xxxxx Xxxxx Management
By: /s/ Xxxxxxx X. Xxxxxxx
|
| XXXXX XXXXX SENIOR FLOATING-RATE TRUST
By: Xxxxx Xxxxx Management
By: /s/ Xxxxxxx X. Xxxxxxx
|
| XXXXX XXXXX SENIOR INCOME TRUST
By: Xxxxx Xxxxx Management
By: /s/ Xxxxxxx X. Xxxxxxx
|
| ELT LTD.
By: /s/ Xxxxxxxx X. Xxxxxxx
|
| FEINGOLD O'KEEFFE MASTER FUND I, L.P.
By: /s/ Xxxxxx X. Xxxxxxxx
|
| FIRST TRUST/FOUR CORNERS SENIOR FLOATING RATE INCOME
FUND II
By: Four Corners Capital Management LLC,
By: /s/ Xxxxx Xxxxxxxxxx
|
| FLAGSHIP CAPITAL CLO 2001-1
By: Flagship Capital Management, Inc. By: /s/ Xxxx X. Xxxxxxxxx
|
| FLAGSHIP CAPITAL CLO II
By: Flagship Capital Management, Inc. By: /s/ Xxxx X. Xxxxxxxxx
|
| FLAGSHIP CAPITAL CLO III
By: Flagship Capital Management, Inc. By: /s/ Xxxx X. Xxxxxxxxx
|
| FORE CONVERTIBLE MASTER FUND LTD.
By: /s/ Xxxxxxx Pananjape
|
| FORE CREDIT MASTER FUND LTD.
By: /s/ Xxxxxxx Pananjape
|
| FORTRESS CREDIT OPPORTUNITIES I LP
By: /s/ Xxxx X. Xxxxxxxx
|
| FORTRESS PORTFOLIO TRUST
By: Four Corners Capital Management LLC,
By: /s/ Xxxxx Xxxxxxxxxx
|
| XXXXXXX XXXXX SECURITY LENDING
HOLDINGS, INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx
|
| XXXXXXX & CO.
By: Boston Management and Research
By: /s/ Xxxxxxx X. Xxxxxxx
|
| GUGGENHEIM PORTFOLIO COMPANY VIII (CAYMAN) LTD.
By: /s/ Xxxxxxx Pananjape
|
| GULF STREAM-COMPASS CLO 2002-1 LTD
By: Gulf Stream Asset Management LLC
By: /s/ Xxxxx X. Love
|
| GULF STREAM-COMPASS CLO 2003-1 LTD.
By: Gulf Stream Asset Management LLC
By: /s/ Xxxxx X. Love
|
| GULF STREAM-COMPASS CLO 2004-1 LTD
By: Gulf Stream Asset Management LLC
By: /s/ Xxxxx X. Love
|
| HANOVER SQUARE CLO LTD.
By: Blackstone Debt Advisors L.P.
By: /s/ Xxxx X. Xxxxxxx
|
| HARCH CLO I, LTD.
By: /s/ Xxxxxxx X. Xxxxxx
|
| HBK MASTER FUND L.P.
By: /s/ Xxxxx X. Xxxxx
|
| XXXXXX'X ISLAND CLO, LTD.
By: CypressTree Investment Management
By: /s/ Xxxxxxx Xxxxx
|
| XXXXXX'X ISLAND CLO II, LTD.
By: CypressTree Investment Management
By: /s/ Xxxxxxx Xxxxx
|
| HIGHLAND FLOATING RATE
ADVANTAGE FUND By: Highland Capital Management, L.P.,
By: /s/ Xxxx Xxxxxxx
|
| HIGHLAND LEGACY LIMITED
By: Highland Capital Management,
By: /s/ Xxxx Xxxxxxx
|
| ILLINOIS STATE UNIVERSITIES
RETIREMENT SYSTEM By: /s/ Xxx Xxxxxxx
|
| INDOSUEZ CAPITAL FUNDING IIA, LIMITED
By: Lyon Capital Management LLC
By: /s/ Xxxxxxxxx X. Xxxxx
|
| INDOSUEZ CAPITAL FUNDING III, LTD.
By: Lyon Capital Management LLC
By: /s/ Xxxxxxxxx X. Xxxxx
|
| INDOSUEZ CAPITAL FUNDING VI, LTD.
By: Lyon Capital Management LLC
|
| ING PRIME RATE TRUST
By: ING Investment Management, Co.
By: /s/ Xxxx X. Xxxx
|
| ING SENIOR INCOME FUND
By: ING Investment Management, Co.
By: /s/ Xxxx X. Xxxx
|
| KALDI FUNDING LLC
By: /s/ Xxxxxxxx X. Xxxxxxx
|
| KIL LOAN FUNDING LLC
By: /s/ Xxxxx Xxxxx
|
| LANDMARK IV CDO LIMITED
By: Aladdin Capital Management LLC,
|
| XXXXXX XXXXX CAPITAL L.P.
By: /s/ [Xxxx Xxxxxx]
|
| LIGHTPOINT CLO 2004-1, LTD.
PREMIUM LOAN TRUST I, LTD. By: /s/ Xxxxxx X. Xxxxxx
|
| LINCOLN NATIONAL LIFE
By: /s/ Xxxxxx Xxxx
|
| LOAN FUNDING VII LLC
By: Highland Capital Management, L.P.
|
| LOAN FUNDING VIII LLC
By: Babson Capital Management LLC as Portfolio
|
| MAN MAC I LTD.
By: /s/ Xxxxxxx Xxxxxxxxx
|
| MARATHON SPECIAL OPPORTUNITY MASTER FUND, LTD.
By: Marathon Asset Management, LLC
|
| MASSACHUSETTS MUTUAL LIFE
INSURANCE CO. By: /s/ Xxxxxx X. Xxxx
|
| METROPOLITAN WEST ALPHATRAK
500 FUND By: /s/ Xxx Xxxxxxx
|
| MISSISSIPPI UNITED METHODIST
FOUNDATION, INC. By: /s/ Xxx Xxxxxxx
|
| MONUMENT PARK CDO LTD.
By: Blackstone Debt Advisors L.P.
|
| NAVIGATOR CDO 2003, LTD.
By: Antares Asset Management Inc.,
|
| NUVEEN FLOATING RATE INCOME
FUND By: Symphony Asset Management LLC
By: /s/ [illegible]
|
| NUVEEN FLOATING RATE INCOME
OPPORTUNITY FUND By: Symphony Asset Management LLC
By: /s/ [illegible]
|
| NUVEEN SENIOR INCOME FUND
By: Symphony Asset Management LLC
By: /s/ [illegible]
|
| OLYMPIC CLO I LTD
By: /s/ Xxxxx X. Xxxxxx
|
| XXXXXXXXXXX SENIOR FLOATING RATE
FUND By: /s/ Xxxx Xxxxxxxxxxx
|
| ORIX FINANCE CORP. I
By: /s/ Xxxxxxxxxxx X. Xxxxx
|
| OZF CREDIT OPPORTUNITIES
MASTER FUND, LTD. By: OZF Management, LP as Investment Manager By: OZF Management, LLC
|
| OZF CREDIT OPPORTUNITIES
MASTER FUND II, LTD. By: OZF Management, LP as Investment Manager By: OZF Management, LLC
|
| XXX CAPITAL FUNDING L.P.
By: Highland Capital Management, L.P.
|
| PERRY PRINCIPALS INVESTMENTS, L.L.C.
By: /s/ Xxxxxxxxx X. Xxxxxxx
|
| REDWOOD MASTER FUND, LTD
By: /s/ Xxxxxxxx Xxxxxxx
|
| RIVIERA FUNDING LLC
By: /s/ Xxxxxxxx X. Xxxxxxx
|
| SAN DIEGO CITY EMPLOYEES'
RETIREMENT SYSTEM By: /s/ Xxx Xxxxxxx
|
| SECURITY BENEFIT LIFE INSURANCE
COMPANY By: Four Corners Capital Management LLC,
|
| SENIOR DEBT PORTFOLIO
By: Boston Management and Research
|
| SIMSBURY CLO, LIMITED
By: Mass Mutual Life Insurance Co.
|
| SIMT HIGH YIELD BOND FUND
By: /s/ Xxx Xxxxxxx
|
| SPECTRUM INVESTMENT PARTNERS LP
By: /s/ Xxxxxxx X. Xxxxxxxx
|
| SRF 2000, INC.
By: /s/ Xxxxxxxx X. Xxxxxxx
|
| STANWICH LOAN FUNDING LLC
By: /s/ Xxxxxxxx X. Xxxxxxx
|
| XXXXX EVENT TRADING LTD.
By: /s/ Xxxxxxx X. Xxxx
|
| STONEHILL INSTITUTIONAL PARTNERS,
L.P. By: /s/ Xxxxxxxxxxx Xxxxxx
|
| TORONTO DOMINION (NEW YORK), INC.
By: /s/ Xxxxxx Xxxxxx
|
| TRUMBULL THC2 LOAN FUNDING LLC
By: /s/ Xxxxx Xxxxx
|
| U.A.L. INVESTORS, L.L.C.
By: Farallon Capital Management, L.L.C.,
|
| UBS AG, STAMFORD BRANCH
By: /s/ Xxxxxxx X. Saint
By: /s/ Xxxx Xxxxxx
|
| WATERSHED CAPITAL INSTITUTIONAL
PARTNERS, L.P. By: WS Partners, L.L.C.,
|
| WATERSHED CAPITAL PARTNERS
(OFFSHORE), LTD. By: Watershed Asset Management, L.L.C.,
|
| WATERSHED CAPITAL PARTNERS, L.P.
By: WS Partners, L.L.C.,
|
| WHITEHORSE I, LTD.
By: /s/ Xxxxx X Xxxxxxxxx
|
| WHITEHORSE II, LTD.
By: /s/ Xxxxx X Xxxxxxxxx
|
| WIND RIVER CLO I LTD.
By: XxXxxxxxx Investment Management, LLC,
|
