Exhibit 4.4.3
THIRD AMENDMENT
THIS THIRD AMENDMENT (this "AMENDMENT") is entered into as of May 28, 1999,
between SYGNET WIRELESS, INC. (successor by merger to Xxxxxx/Sygnet Operating
Company), an Ohio corporation ("BORROWER"), the Required Lenders under the
Credit Agreement (hereinafter defined), NATIONSBANK, N.A., in its capacity as
Administrative Agent for the Lenders under the Credit Agreement ("ADMINISTRATIVE
Agent"), and Guarantors under the Credit Agreement. Reference is made to that
certain Credit Agreement, dated as of December 23, 1998 (as amended, modified,
supplemented, or restated from time to time, the "CREDIT AGREEMENT"), among
Borrower; Administrative Agent; Xxxxxx Commercial Paper Inc. and PNC Bank,
National Association, as Co-Syndication Agents; Toronto Dominion (Texas), Inc.
and First Union National Bank, as Co-Documentation Agents; and the Lenders party
thereto.
Unless otherwise defined in this Amendment, capitalized terms used herein
shall have the meaning set forth in the Credit Agreement. Unless otherwise
indicated, all Paragraph references herein are to Paragraphs in this Amendment,
and all Section references herein are to Sections in the Credit Agreement.
R E C I T A L S
A. Borrower has requested that Required Lenders agree to amend the Credit
Agreement to provide that the Operating Cash Flow of the Companies used in the
calculation of Communications Operating Cash Flow for the fiscal quarters ending
December 31, 1998, and March 31, 1999, be calculated on an annualized basis,
rather than on a Rolling Period basis.
B. Required Lenders are willing to amend the Credit Agreement to make the
change requested by Borrower, but only upon the conditions, among other things,
that Borrower, each Guarantor under the Credit Agreement, and Required Lenders
shall have executed and delivered this Amendment and shall have agreed to the
terms and conditions of this Amendment.
NOW, THEREFORE, in consideration of these premises and other valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the
parties hereto agree, as follows:
PARAGRAPH 1. AMENDMENT. Borrower and Required Lenders hereby agree to amend
the Credit Agreement to allow Borrower to calculate the Operating Cash Flow of
the Companies used in the calculation of Communications Operating Cash Flow for
the fiscal quarters ending December 31, 1998, and March 31, 1999, on an
annualized basis, rather than on a Rolling Period basis; accordingly, the Credit
Agreement is amended as follows:
(a) The definition of "Communications Operating Cash Flow" in SECTION 1 of
the Credit Agreement is amended in its entirety to read as follows:
"COMMUNICATIONS OPERATING CASH FLOW means (a) at any date of
determination on or prior to March 31, 1999, thereof, the
sum of (i) the Operating Cash Flow of Communications and its
Subsidiaries (other than the Companies and Logix and its
Subsidiaries) on a consolidated basis, plus (ii) the
Annualized Operating Cash Flow or (b) on any date of
determination occurring after April 1, 1999, the Operating
Cash Flow of Communications and its Subsidiaries (other than
Logix and its Subsidiaries) on a consolidated basis;
calculations of Communications Operating Cash Flow should be
adjusted, as required (and without duplication), to take
into account any minority ownership in any Subsidiary or
Cellular Partnership;
Third Amendment
provided, however, with respect to any Cellular Partnership
of Communications or its Subsidiaries (other than Logix and
its Subsidiaries), which is indebted to Communications or any
Subsidiary of Communications (other than Logix and its
Subsidiaries) (the "CELLULAR PARTNERSHIP DEBT"), such
adjustments for minority interests shall be made only when
either (i) such Cellular Partnership Debt has been paid in
full or (ii) Communications or any Subsidiary of
Communications (other than Logix and its Subsidiaries) does
not have a Lien upon and right to apply 100% of the Operating
Cash Flow of such Cellular Partnership to repayment of such
Cellular Partnership Debt.
PARAGRAPH 2. AMENDMENT EFFECTIVE DATE. This Amendment shall be binding upon all
parties to the Loan Papers on the last day upon which counterparts of this
Amendment shall have been executed and delivered to Administrative Agent by
Borrower, Required Lenders, and each Guarantor under the Credit Agreement;
whereupon this Amendment shall be deemed effective as of December 31, 1998 (the
"AMENDMENT EFFECTIVE DATE").
PARAGRAPH 3. ACKNOWLEDGMENT AND RATIFICATION. As a material inducement to
Administrative Agent and the Lenders to execute and deliver this Amendment,
Borrower and each Guarantor (i) consent to the agreements in this Amendment and
(ii) agree and acknowledge that the execution, delivery, and performance of this
Amendment shall in no way release, diminish, impair, reduce, or otherwise affect
the respective obligations of Borrower or Guarantors under their respective
Collateral Documents, which Collateral Documents shall remain in full force and
effect, and all liens, guaranties, and rights thereunder are hereby ratified and
confirmed.
PARAGRAPH 4. REPRESENTATIONS. As a material inducement to Administrative Agent
and the Lenders to execute and deliver this Amendment, Borrower and each
Guarantor represent and warrant to such parties (with the knowledge and intent
that the Lenders and Administrative Agent are relying upon the same in entering
into this Amendment) that as of the Amendment Effective Date and as of the date
of execution of this Amendment: (a) all representations and warranties in the
Credit Agreement and related Loan Papers are true and correct in all material
respects as though made on the date hereof, except to the extent that (i) any of
them speak to a different specific date or (ii) the facts on which any of them
were based have been changed by transactions contemplated or permitted by the
Credit Agreement; (b) no Default or Potential Default exists under the Credit
Agreement and related Loan Papers; and (c) this Amendment has been duly
authorized and approved by all necessary corporate action and requires the
consent of no other Person, and upon execution and delivery, this Amendment
shall be binding and enforceable against Borrower and each Guarantor in
accordance with its terms.
PARAGRAPH 5. EXPENSES. Borrower shall pay all costs, fees, and expenses paid or
incurred by Administrative Agent incident to this Amendment, including, without
limitation, the reasonable fees and expenses of Administrative Agent's counsel
in connection with the negotiation, preparation, delivery, and execution of
this Amendment and any related documents.
PARAGRAPH 6. MISCELLANEOUS.
6.1 This Amendment is one of the "Loan Papers" referred to in the Credit
Agreement and the provisions of SECTION 13 of the Credit Agreement relating to
the Credit Agreement and the related Loan Papers are incorporated herein by
reference. Unless stated otherwise (a) the singular number includes the plural
and vice versa and words of any gender include each other gender, in each case,
as appropriate, (b) headings and captions may not be construed in interpreting
provisions, (c) this Amendment must be construed, and its performance enforced,
under Texas law, and (d) this Amendment may be executed in any
2
THIRD AMENDMENT
number of counterparts with the same effect as if all signatories had signed
the same document, and all of those counterparts must be construed together to
constitute the same document.
6.2 The Credit Agreement and all related Loan Papers shall remain
unchanged and in full force and effect, except as provided in this Amendment,
and are hereby ratified and confirmed. Upon execution and approval of this
Amendment by the required parities, all references to the "Credit Agreement"
made on and after the Amendment Effective Date, shall be to the Credit Agreement
as herein amended. The execution, delivery, and effectiveness of this Amendment
shall not, except as expressly provided herein, operate as a waiver of any
Rights of the Lenders under the Credit Agreement or any Loan Papers, nor
constitute a waiver under the Credit Agreement or any other provision of the
Loan Papers.
PARAGRAPH 7. ENTIRETIES. THIS AMENDMENT REPRESENTS THE FINAL AGREEMENT BETWEEN
THE PARTIES ABOUT THE SUBJECT MATTER OF THIS AMENDMENT AND MAY NOT BE
CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE
PARTIES.
PARAGRAPH 9. PARTIES. This Amendment binds and inures to Borrower,
Administrative Agent, Lenders, Guarantors, and their respective successors and
assigns.
The parties hereto have executed this Amendment in multiple counterparts
on the date stated on the signature pages hereto, but effective as of Amendment
Effective Date.
[REMAINDER OF PAGE INTENTIONALLY BLANK.
SIGNATURE PAGES FOLLOW.]
3
THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
SYGNET WIRELESS, INC. (successor by merger to
Xxxxxx/Sygnet Operating Company), as Borrower
By /s/ Xxxxxxx X. Xxxxxx, Xx.
------------------------------------------
(Name) Xxxxxxx X. Xxxxxx, Xx.
(Title) Treasurer
SYGNET COMMUNICATIONS, INC., as Guarantor
By /s/ Xxxxxxx X. Xxxxxx, Xx.
------------------------------------------
(Name) Xxxxxxx X. Xxxxxx, Xx.
(Title) Treasurer
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
NATIONSBANK, N.A.,
as Administrative Agent and a Lender
By /s/ Xxxxx X. Xxxxxx
------------------------------------------
(Name) Xxxxx X. Xxxxxx
(Title) Vice President
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
BANK OF MONTREAL
By: /s/ Xxx Xxxxxxxxx
-----------------------------------------
Name: Xxx Xxxxxxxxx
Title: Director
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
THE BANK OF NOVA SCOTIA
By: /s/ Xxxx X. Xxxxxxxxxxxxx
-----------------------------------------
Name: P.A. Xxxxxxxxxxxxx
Title: Authorized Signatory
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
BHF-BANK AKTIENGESELLSCHAFT
---------------------------------------------
By: /s/ Xxxxxxx X. Xxxxxxxxx
-----------------------------------------
Name: Xxxxxxx X. Xxxxxxxxx
Title: AVP
By: /s/ Xxx Dobrianskyi
-----------------------------------------
Name: Xxx Dobrianskyi
Title: Assistant Vice President
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
CIBC INC.
---------------------------------------------
By: /s/ Xxxxx Xxx
-----------------------------------------
Name: Xxxxx Xxx
Title: Executive Director
World Markets Corp. As Agent
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
THE CIT Group/Equipment Financing, Inc.
----------------------------------------
By: /s/ X.X. Xxxxxx
----------------------------------
Name: X.X. Xxxxxx
----------------------------
Title: Assistant Vice President
---------------------------
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
CREDIT LYONNAIS NEW YORK BRANCH
----------------------------------------
By: /s/ Xxxx X. Xxxxxxxxx
----------------------------------
Name: XXXX X. XXXXXXXXX
----------------------------
Title: VICE PRESIDENT
---------------------------
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
CypressTree Institutional Fund, LLC
By: CypressTree Investment Management
Company, Inc. its Managing Member
By: /s/ Xxxxxxxxx X. XxXxxxxxx
----------------------------------
Name: Xxxxxxxxx X. XxXxxxxxx
----------------------------
Title: Principal
---------------------------
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
CypressTree Institutional Fund, LLC
By: CypressTree Investment Management
Company, Inc. its Managing Member
By: /s/ Xxxxxxxxx X. XxXxxxxxx
----------------------------------
Name: Xxxxxxxxx X. XxXxxxxxx
----------------------------
Title: Principal
---------------------------
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
CypressTree Senior Floating Rate Fund
By: CypressTree Investment Management
Company, Inc. as Portfolio Manager
By: /s/ Xxxxxxxxx X. XxXxxxxxx
----------------------------------
Name: Xxxxxxxxx X. XxXxxxxxx
----------------------------
Title: Principal
---------------------------
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender: XXXXX XXXXX SENIOR
INCOME TRUST
By: XXXXX XXXXX MANAGEMENT
-----------------------------------
AS INVESTMENT ADVISOR
-----------------------------------
By: /s/ Xxxxxx X. Xxxxxxxxx
----------------------------------
Name: Xxxxxx X. Xxxxxxxxx
----------------------------
Title: Vice President
---------------------------
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
First Union National Bank
-----------------------------------------
By: /s/ Xxx X. Xxxxxxxx
-------------------------------------
Name: Xxx X. Xxxxxxxx
-------------------------------
Title: Vice President
------------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
Fleet National Bank
-----------------------------------------
By: /s/ Xxxxxxxxx Xxxxxxxxxx
-------------------------------------
Name: Xxxxxxxxx Xxxxxxxxxx
-------------------------------
Title: VP
-----------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
THE FUGI BANK, LIMITED
-----------------------------------------
By: /s/ Xxxxxxxx Xxxxxx
-------------------------------------
Name: XXXXXXXX XXXXXX
-------------------------------
Title: JOINT GENERAL MANAGER
------------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
XXXXX XXX & FARNHAM
INCORPORATED, AS AGENT FOR
KEYPORT LIFE INSURANCE COMPANY
By: /s/ Xxxxx X. Good
-------------------------------------
Name: Xxxxx X. Good
-----------------------------------
Title: Vice President & Portfolio Manager
-----------------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
KZH CYPRESSTREE-1 LLC
-----------------------------------------
By: /s/ Xxxxx Xxxx
-------------------------------------
Name: XXXXX XXXX
-------------------------------
Title: AUTHORIZED AGENT
------------------------------
By:
-------------------------------------
Name:
-------------------------------
Title:
------------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
KZH STERLING LLC
-----------------------------------------
By:
-------------------------------------
By: /s/ Xxxxx Xxxx
---------------------------------
Name: XXXXX XXXX
----------------------------
Title: AUTHORIZED AGENT
---------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
Xxxxxx Commercial Paper Inc., as
Co Syndication Agent
-----------------------------------------
By: /s/ Xxxxxxx Xxxxxxx
-------------------------------------
Name: Xxxxxxx Xxxxxxx
-------------------------------
Title: Authorized Signatory
------------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
Metropolitan Life Insurance Company
-----------------------------------------
By: /s/ Xxxxx X. Xxxxxxx
-------------------------------------
Name: Xxxxx X. Xxxxxxx
-------------------------------
Title: Director
------------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
NATIONAL CITY BANK
-----------------------------------------
By: /s/ Xxxxxxxx X. Xxxxxxx
-------------------------------------
Name: Xxxxxxxx X. Xxxxxxx
-------------------------------
Title: Vice President
------------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
NORTH AMERICAN SENIOR FLOATING RATE FUND
BY: CYPRESS INVESTMENT MANAGEMENT
COMPANY, INC. AS PORTFOLIO MANAGER
By: /s/ Xxxxxxxxx X. XxXxxxxxx
----------------------------------
Name: Xxxxxxxxx X. XxXxxxxxx
----------------------------
Title: Principal
---------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
PARIBAS
-----------------------------------------
By: /s/ Xxxxxxx Xxxxxxx
-------------------------------------
Name: XXXXXXX XXXXXXX
-------------------------------
Title: VICE PRESIDENT
------------------------------
By: /s/ Xxxxxxx X. Xxxxxx
-------------------------------------
Name: FOR: XXXXXX XXXXXX
-------------------------------
Title: DIRECTOR
------------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
PILGRIM PRIME RATE TRUST
-----------------------------------------
By: Pilgrim Investments, Inc.
-------------------------------------
as its investment manager
By: /s/ Xxxxxx X. Xxxxxx
-------------------------------------
Name: Xxxxxx X. Xxxxxx
-------------------------------
Title: Vice President
------------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
PNC BANK, NATIONAL ASSOCIATION
-----------------------------------------
By: /s/ Xxxxxx De Xxxxx
-------------------------------------
Name: Xxxxxx De Xxxxx
-------------------------------
Title: Banking Officer
------------------------------
SIGNATURE PAGE TO THIRD AMENDMENT
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender: SENIOR DEBT PORTFOLIO
By: Boston Management and Research
as Investment Advisor
---------------------------------------------------
By:
-----------------------------------------------
By: /s/ Payson X. Xxxxxxxxx
-------------------------------------------
Name: Payson X. Xxxxxxxxx
-------------------------------------
Title: Vice President
------------------------------------
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
XXXXX XXX FLOATING RATE
LIMITED LIABILITY COMPANY
By: /s/ Xxxxx X. Good
------------------------------------------------
Name: Xxxxx X. Good
-----------------------------------------
Title: Vice President,
Xxxxx Xxx & Farnham Incorporated,
as Advisor to the Xxxxx Xxx Floating Rate
Limited Liability Company
-----------------------------------------
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender: SYNDICATED LOAN FUNDING TRUST
BY: XXXXXX COMMERCIAL PAPER INC.
NOT IN ITS INDIVIDUAL CAPACITY
BUT SOLELY AS ASSET MANAGER
---------------------------------------------------
By: /s/ Xxxxxxx Xxxxxxx
-----------------------------------------------
Name: Xxxxxxx Xxxxxxx
-------------------------------------
Title: Authorized Signatory
------------------------------------
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
Toronto Dominion (Texas), Inc.
---------------------------------------------------
By: /s/ Xxxxx Xxxxxx
-----------------------------------------------
Name: Xxxxx Xxxxxx
----------------------------------------
Title: Vice President
----------------------------------------
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
U.S. Bank National Association
---------------------------------------------------
By: /s/ Xxxxxx X. Xxxxxx
-----------------------------------------------
Name: Xxxxxx X. Xxxxxx
-----------------------------------------
Title: V.P.
----------------------------------------
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
XXX XXXXXX
PRIME RATE INCOME TRUST
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By: /s/ Xxxxxxx X. Xxxxxxx
-----------------------------------------------
Name: XXXXXXX X. XXXXXXX
-----------------------------------------
Title: Senior Vice President & Director
----------------------------------------
Signature Page to Third Amendment
Signature Page to that certain Third Amendment dated as of May 28, 1999, among
Sygnet Wireless, Inc. (successor by merger to Xxxxxx/Sygnet Operation Company),
as Borrower under the Credit Agreement, NationsBank, N.A., as Administrative
Agent, Required Lenders, and Guarantors.
Name of Lender:
XXX XXXXXX
SENIOR INCOME TRUST
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By: /s/ Xxxxxxx X. Xxxxxxx
-----------------------------------------------
Name: Xxxxxxx X. Xxxxxxx
-----------------------------------------
Title: Senior Vice President & Director
----------------------------------------
Signature Page to Third Amendment
