AMENDMENT NO. 9 TO AND WAIVER UNDER THE CREDIT AGREEMENT Dated as of May 27, 2005
Exhibit 4.1
AMENDMENT NO. 9 TO AND WAIVER UNDER THE CREDIT AGREEMENT
Dated as of May 27, 2005
AMENDMENT NO. 9 TO AND WAIVER UNDER THE CREDIT AGREEMENT, dated as of May 27, 2005 (this “Amendment”), among DRESSER, INC., a Delaware corporation (the “U.S. Borrower”), D.I. LUXEMBOURG S.A.R.L., a corporation organized and existing under the laws of Luxembourg (the “Euro Borrower”, and, collectively with the U.S. Borrower, the “Borrowers”), DRESSER HOLDINGS, INC., a Delaware corporation (“Dresser Holdings” or the “Parent”), DEG ACQUISITIONS, LLC, a Delaware limited liability company (“DEG Acquisitions”), the Lenders listed on the signature pages hereto and XXXXXX XXXXXXX SENIOR FUNDING, INC. (“MSSF”), as Administrative Agent.
WITNESSETH:
WHEREAS, the Borrowers, DEG Acquisitions, the Subsidiary Guarantors, the Lender Parties party thereto and the Agents have entered into a Credit Agreement dated as of April 10, 2001, as amended by Amendment No. 1 thereto dated as of March 13, 2002, Amendment No. 2 thereto dated as of June 17, 2002, Amendment No. 3 thereto dated as of December 11, 2002, Amendment No. 4 and Waiver thereto dated as of March 31, 2003, Amendment No. 5 thereto dated as of June 30, 2003, Amendment No. 6 and Waiver thereto dated as of August 5, 2003, Amendment No. 7 thereto dated as of March 1, 2004 and Amendment No. 8 and Waiver thereto dated as of March 18, 2005 and as modified by the Consent dated as of June 3, 2004 (as so amended and modified, the “Credit Agreement”; capitalized terms used herein but not defined shall be used herein as defined in the Credit Agreement). Dresser Holdings has entered into an Assignment and Assumption Agreement dated as of July 3, 2002 with DEG Acquisitions whereby Dresser Holdings assumed the duties and liabilities of DEG Acquisitions under the Credit Agreement and the Security Agreement.
WHEREAS, the Borrowers desire to (a) amend certain provisions of the Credit Agreement and (b) waive certain Defaults and Events of Default under the Credit Agreement, in each case as provided herein;
WHEREAS, the Required Lenders have agreed, subject to the terms and conditions hereinafter set forth, to grant the Borrowers’ request as set forth below;
NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties hereto hereby agree as follows:
SECTION 1. Amendments to the Credit Agreement. Subject to the satisfaction of the conditions precedent set forth in Section 3, the Credit Agreement is, effective as of the date hereof, hereby amended as follows:
(a) Section 5.01 is amended by replacing clause (q) with the following:
“(q) On or prior to July 15, 2005, the U.S. Borrower shall furnish to the Agents and the Lender Parties (i) audited annual financial statements for the Fiscal Year ended in 2004, as required by Section 5.03(b) and (ii) to the extent that the annual financial statements for the Fiscal Years ended in 2002 or 2003 are required to be restated in connection with the preparation of such financial statements for the Fiscal Year ended in 2004, revised audited financial statements for such Fiscal Years, as required by Section 5.03(b).”
SECTION 2. Waiver and Standstill. (a) Subject to Section 3 hereof, the Required Lenders hereby waive any Default or Event of Default in respect of the provisions of Sections 2.06(b)(ii) (but only in respect of equity proceeds in an amount not greater than $10,000,000 used to finance an asset acquisition), 2.07(a), 2.08(c), 3.01(a)(vi), 3.01(c), 3.01(e), 3.01(i), 3.02, 4.01(g), 4.01(h), 4.01(i), 4.01(j), 4.01(q)(ii), 5.01(a), 5.01(g), 5.02(b)(ii)(F) and (G), 5.02(f)(vii), (viii) and (ix), 5.02(g), 5.03(a), 5.03(b), 5.03(c), 5.03(d), 5.04(a) and 5.04(b) of the Credit Agreement and any related or substantially comparable provision of any Loan Document, in each case consisting of, resulting from or relating in any respect to (i) the re-audit, revision or restatement of any financial statement delivered prior to the date of this Amendment by the U.S. Borrower or any of its Subsidiaries (including, without limitation, any misstatement therein or in any certificate, representation or warranty relating thereto and any error, defect or deficiency in accounting procedures or in the application of accounting principles reflected thereby or relating thereto), (ii) any failure to deliver any such financial statement or the 2004 audited annual financial statements when or as required, except as required by Section 5.01(q), (iii) any failure to comply with any obligation that became required to be performed or observed under any of such provisions by reason of the occurrence of any such Default or Event of Default or (iv) any misstatement as to the absence of any such Default or Event of Default.
(b) Subject to Section 3 hereof, the Required Lenders waive any Default or Event of Default now existing or hereafter arising under Section 6.01(e) of the Credit Agreement resulting from a default under Section 4.03 of the Indenture under which the Senior Subordinated Debt was issued; provided, however, that the exercise by the Trustee or the requisite holders of Senior Subordinated Notes of their right to give a notice of acceleration pursuant to Section 6.02 of such Indenture by reason of the existence of such default under Section 4.03 of the Indenture shall constitute an immediate Event of Default.
SECTION 3. Conditions to Effectiveness. This Amendment shall become effective, as of the first date set forth above, on the date (the “Amendment No. 9 Effective Date”) when each of the conditions set forth in this Section 3 to this Amendment shall have been fulfilled to the satisfaction of the Administrative Agent.
(i) Execution of Counterparts. The Administrative Agent shall have received counterparts of this Amendment, duly executed and delivered on behalf of each of (a) the Borrowers, (b) the Administrative Agent and (c) the Required Lenders, or as to any of the foregoing parties, advice reasonably satisfactory to the Administrative Agent that each of the foregoing parties has executed a counterpart of this Amendment.
(ii) Payment of Fees and Expenses. The U.S. Borrower shall have paid, on or before May 31, 2005, (a) to the Administrative Agent, for the benefit of each Lender
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executing this Amendment on or before May 27, 2005, a fee equal to 0.05% of the aggregate Revolving Credit Commitments and Tranche C Term Advances of each such Lender and (b) all expenses (including the fees and expenses of Shearman & Sterling LLP) incurred in connection with the preparation, negotiation and execution of this Amendment and other matters relating to the Credit Agreement from and after the last invoice to the extent invoiced.
(iii) Execution of Consent. The Administrative Agent shall have received counterparts of a Consent substantially in the form of Exhibit A to this Amendment, duly executed by each of the entities listed therein.
(iv) Waiver Under Refinancing Loan Agreement. The requisite number of lenders under the Refinancing Loan Agreement shall have agreed to waive any defaults under the Refinancing Loan Agreement arising from the matters referred to herein, on terms satisfactory to the Administrative Agent.
SECTION 4. Representations and Warranties. Each Borrower hereby represents and warrants as follows:
(a) On the date hereof, after giving effect to this Amendment No. 9, (i) no event has occurred and is continuing, or would result from the effectiveness of this Amendment No. 9, that constitutes a Default and (ii) all representations and warranties set forth in the Loan Documents shall be true and correct in all material respects.
(b) No authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body or any other third party is required for the due execution, delivery or performance by the Borrowers of this Amendment No. 9 and by the Guarantors and the Grantors of the consent attached hereto or other transactions contemplated hereby.
(c) This Amendment No. 9 has been duly executed and delivered by the Borrowers. The consent attached hereto has been duly executed and delivered by each of the Guarantors and the Grantors. This Amendment No. 9 and each of the other Loan Documents, as amended hereby, to which each Borrower, each Guarantor and each Grantor is a party are legal, valid and binding obligations of such Borrower, such Guarantor and such Grantor, as applicable, enforceable against such Borrower, such Guarantor and such Grantor, as applicable, in accordance with their respective terms.
SECTION 5. Reference to and Effect on the Transaction Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other transaction documents to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified by this Amendment.
(b) The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the
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generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or any Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
SECTION 6. Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute but one and the same agreement. Delivery of an executed counterpart of a signature page to this Amendment by telecopier shall be effective as delivery of a manually executed counterpart of this Amendment.
SECTION 7. Governing Law. This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York, and shall be subject to the jurisdictional and service provisions of the Credit Agreement, as if this were a part of the Credit Agreement.
SECTION 8. Entire Agreement; Modification. This Amendment constitutes the entire agreement of the parties hereto with respect to the subject matter hereof, there being no other agreements or understandings, oral, written or otherwise, respecting such subject matter, any such agreement or understanding being superseded hereby, shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and may not be amended, extended or otherwise modified, except in a writing executed in whole or in counterparts by each party hereto.
[Signatures follow.]
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed and delivered by their respective authorized officers as of the day and year first above written.
DRESSER, INC., as U.S. Borrower | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Chief Financial Officer and Executive Vice President | |||
D.I. LUXEMBOURG S.A.R.L., as Euro Borrower | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Manager |
DEG ACQUISITIONS, LLC | ||||||||
By: | FIRST RESERVE FUND VIII, L.P., a Delaware limited partnership, its Manager | |||||||
By: | FIRST RESERVE GP VIII, L.P., a Delaware limited partnership, its general partner | |||||||
By: | FIRST RESERVE CORPORATION, a Delaware corporation, its general partner | |||||||
By: | /s/ XXXXXX X. XXXXXXX | |||||||
Name: |
Xxxxxx X. Xxxxxxx | |||||||
Title: |
Managing Director |
DRESSER HOLDINGS, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President |
XXXXXX XXXXXXX SENIOR FUNDING, INC., as Administrative Agent | ||||
By: | /s/ XXXXXX XXXXXX | |||
Name: |
Xxxxxx Xxxxxx | |||
Title: |
Managing Director |
XXXXXX XXXXXXX & CO. INCORPORATED, | ||||
By: | /s/ XXXXXX XXXXXX | |||
Name: |
Xxxxxx Xxxxxx | |||
Title: |
Managing Director |
EXHIBIT A TO AMENDMENT NO. 9
CONSENT
Reference is made to the Credit Agreement, dated as of April 10, 2001, as amended by Amendment No. 1 thereto dated as of March 13, 2002, Amendment No. 2 thereto dated as of June 17, 2002, Amendment No. 3 thereto dated as of December 11, 2002, Amendment No. 4 and Waiver thereto dated as of March 31, 2003, Amendment No. 5 dated as of June 30, 2003, Amendment No. 6 and Waiver thereto dated as of August 5, 2003, Amendment No. 7 thereto dated as of March 1, 2004 and Amendment No. 8 and Waiver thereto dated as of March 18, 2005 and as modified by the Consent dated as of June 3, 2004 and the Consent and Waiver dated as of March 18, 2005, among the Borrowers, the Lender Parties party thereto, and Xxxxxx Xxxxxxx Senior Funding, Inc., as Administrative Agent (such Credit Agreement, as so amended and modified, the “Credit Agreement”).
Each of the undersigned confirms and agrees that (a) notwithstanding the effectiveness of the foregoing Amendment No. 9 to and Waiver under the Credit Agreement, each Loan Document to which such Person is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, in each case as amended by Amendment No. 9 to and Waiver under the Credit Agreement, and (b) the Collateral Documents to which such Person is a party and all of the Collateral described therein do, and shall continue to, secure the payment of all of the Secured Obligations and the Guaranteed Obligations, respectively (in each case, as defined therein).
DEG ACQUISITIONS, LLC | ||||||
By: | FIRST RESERVE FUND VIII, L.P., a Delaware limited partnership, its Manager |
By: | FIRST RESERVE GP VIII, L.P., a Delaware limited partnership, its general partner |
By: | FIRST RESERVE CORPORATION, a Delaware corporation, its general partner | |||||
By: | /s/ XXXXXX X. XXXXXXX | |||||
Name: |
Xxxxxx X. Xxxxxxx | |||||
Title: |
Managing Director |
DRESSER HOLDINGS, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President | |||
DRESSER INTERNATIONAL, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President | |||
DRESSER RE, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President | |||
DRESSER RUSSIA, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President | |||
LVF HOLDING CORPORATION | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President | |||
DRESSER ENTECH, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President |
RING-O VALVE, INCORPORATED | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President | |||
DRESSER CHINA, INC. | ||||
By: | /s/ XXXXX X. XXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxx | |||
Title: |
Executive Vice President |
LENDERS | ||||
ULT CBNA Loan Funding LLC, for itself or as agent for ULT CFPI Loan Funding LLC | ||||
By: | /s/ XXXXX XXXXX | |||
Name: |
Xxxxx Xxxxx | |||
Title: |
As Attorney-in-Fact |
LENDERS | ||||
ALLIED IRISH BANKS PLC. | ||||
By: | /s/ XXXXXX X’XXXXXXX | |||
Name: |
Xxxxxx X’Xxxxxxx | |||
Title: |
Assistant Vice President | |||
By: | /S/ XXXXXX X. AUGUST_____ | |||
Name: |
XXXXXX X. AUGUST_____ | |||
Title: |
Vice President |
LENDERS | ||
SunAmerica Life Insurance Company | ||
By: |
AIG Global Investment Corp. | |
Its Investment Advisor | ||
By: | /s/ W. XXXXXXX XXXXXX | |
Name: |
W. Xxxxxxx Xxxxxx | |
Title: |
Vice President | |
Galaxy CLO 2003-1, Ltd. | ||
By: |
AIG Global Investment Corp. | |
Its Investment Advisor | ||
By: | /s/ W. XXXXXXX XXXXXX | |
Name: |
W. Xxxxxxx Xxxxxx | |
Title |
Vice President | |
Galaxy III CLO, Ltd. | ||
By: |
AIG Global Investment Corp. | |
Its Investment Advisor | ||
By: | /s/ W. XXXXXXX XXXXXX | |
Name: |
W. Xxxxxxx Xxxxxx | |
Title |
Vice President | |
Galaxy CLO 1999-1, Ltd. | ||
By: | AIG Global Investment Corp. | |
As Collateral Manager | ||
By: | /s/ W. XXXXXXX XXXXXX | |
Name: |
W. Xxxxxxx Xxxxxx | |
Title |
Vice President |
LENDERS | ||||
Allstate Life Insurance Company | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXX X. XXXXXX | |||
Name: |
XXXXXX X. XXXXXX | |||
Title: |
Authorized Signatory | |||
By: | /S/ XXXXX X. XXXXXXX | |||
Name: |
XXXXX X. XXXXXXX | |||
Title: |
Authorized Signatory | |||
AIMCO CDO Series 2000-A | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXX X. XXXXXX | |||
Name: |
XXXXXX X. XXXXXX | |||
Title: |
Authorized Signatory | |||
By: | /S/ XXXXX X. XXXXXXX | |||
Name: |
XXXXX X. XXXXXXX | |||
Title: |
Authorized Signatory | |||
AIMCO CDO Series 2001-A | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXX X. XXXXXX | |||
Name: |
XXXXXX X. XXXXXX | |||
Title: |
Authorized Signatory | |||
By: | /S/ XXXXX X. XXXXXXX | |||
Name: |
XXXXX X. XXXXXXX | |||
Title: |
Authorized Signatory |
LENDERS | ||||
AMMC CLO III, LIMITED | ||||
By: |
American Money Management Corp., | |||
By: | /S/ XXXXXXX X. ENG | |||
Name: |
Xxxxxxx X. Eng | |||
Title: |
Senior Vice President |
LENDERS | ||||
NORTHWOODS CAPITAL III, LIMITED | ||||
BY: | XXXXXX, XXXXXX & CO., L.P., | |||
AS COLLATERAL MANAGER | ||||
[Print Name of Financial Institution] | ||||
By: |
/s/ XXX XXXXXXXXXXX | |||
Name: |
XXX XXXXXXXXXXX | |||
Title: |
MANAGING DIRECTOR |
LENDERS | ||||
NORTHWOODS CAPITAL IV, LIMITED | ||||
BY: | XXXXXX, XXXXXX & CO., L.P., | |||
AS COLLATERAL MANAGER | ||||
[Print Name of Financial Institution] | ||||
By: |
/s/ XXX XXXXXXXXXXX | |||
Name: |
XXX XXXXXXXXXXX | |||
Title: |
MANAGING DIRECTOR |
LENDERS | ||||
NAVIGATOR CDO 2004, LTD. | ||||
By: |
Antares Asset Management Inc., as Agent | |||
By: |
/s/ XXXXX XXXXX | |||
Name: |
Xxxxx Xxxxx | |||
Title: |
Vice President |
LENDERS | ||||
NOVA CDO 2001, LTD. | ||||
By: |
/s/ XXXXX SCHMACT | |||
Name: |
Xxxxx Schmact | |||
Title: |
Treasurer |
LENDERS ARES III CLO Ltd. | ||||
By: |
ARES III CLO Management LLC, | |||
Investment Manager | ||||
By: |
/s/ XXXX X. XXXXXXX | |||
Name: |
XXXX X. XXXXXXX | |||
Title: |
VICE PRESIDENT |
LENDERS | ||||
Ares IV CLO Ltd. | ||||
By: |
Ares CLO Management IV, L.P., Investment Manager | |||
By: |
Ares CLO XX XX, LLC, Its Managing Member | |||
By: |
/s/ XXXX X. XXXXXXX | |||
Name: |
XXXX X. XXXXXXX | |||
Title: |
VICE PRESIDENT |
LENDERS | ||||
Ares VI CLO Ltd. | ||||
By: |
Ares CLO Management VI, L.P., Investment Manager | |||
By: |
Ares CLO GP VI, LLC, Its Managing Member | |||
By: |
/s/ XXXX X. XXXXXXX | |||
Name: |
XXXX X. XXXXXXX | |||
Title: |
VICE PRESIDENT |
LENDERS | ||||
Ares VIII CLO Ltd. | ||||
By: |
Ares CLO Management VIII, L.P., Investment Manager | |||
By: |
Ares CLO GP VIII, LLC, Its General Partner | |||
By: |
/s/ XXXX X. XXXXXXX | |||
Name: |
XXXX X. XXXXXXX | |||
Title: |
VICE PRESIDENT |
LENDERS | ||||
AVENUE CLO FUND, LIMITED | ||||
By: |
/s/ XXXXXXX X’XXXXXXX | |||
Name: |
XXXXXXX X’XXXXXXX | |||
Title: |
SENIOR PORTFOLIO MANAGER |
LENDERS | ||||
APEX (IDM) CDO I, LTD. BABSON CLO LTD. 2004-I BABSON CLO LTD. 2003-I ELC (CAYMAN) LTD. 1999-II ELC (CAYMAN) LTD. 1999-III ELC (CAYMAN) LTD. 2000-I SEABOARD CLO 2000 LTD. SUFFIELD CLO, LIMITED XXXXX CLO LTD. 2000-I | ||||
By: |
Babson Capital Management LLC as Collateral Manager | |||
By: |
/s/ XXXXX X XXXXX | |||
Name: |
XXXXX X XXXXX, CFA | |||
Title: |
Managing Director | |||
XXXXXX CDO LTD | ||||
By: |
Babson Capital Management LLC as Investment Manager | |||
By: |
/s/ XXXXX X XXXXX | |||
Name: |
XXXXX X XXXXX, CFA | |||
Title: |
Managing Director | |||
SIMSBURY CLO, LIMITED | ||||
By: |
Babson Capital Management LLC under delegated authority from Massachusetts Mutual Life Insurance Company as Collateral Manager | |||
By: |
/s/ XXXXX X XXXXX | |||
Name: |
XXXXX X XXXXX, CFA | |||
Title: |
Managing Director | |||
MAPLEWOOD (CAYMAN) LIMITED | ||||
By: |
Babson Capital Management LLC as Investment Manager | |||
By: |
/s/ XXXXX X XXXXX | |||
Name: |
XXXXX X XXXXX, CFA | |||
Title: |
Managing Director |
LENDERS | ||||
Sankaty Advisors, LLC as Collateral Manager for A VERY POINT CLO, LTD., as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
XXXXX X. XXXXX | |||
Title: |
MANAGING DIRECTOR | |||
PORTFOLIO MANAGER |
LENDERS | ||||
Sankaty Advisors, Inc., as Collateral Manager for Xxxxx Point CBO 1999-1 LTD., as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
XXXXX X. XXXXX | |||
Title: |
MANAGING DIRECTOR | |||
PORTFOLIO MANAGER |
LENDERS | ||||
Sankaty Advisors, LLC, as Collateral Manager for Xxxxx Point II CBO 2000-1 LTD., as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
XXXXX X. XXXXX | |||
Title: |
MANAGING DIRECTOR | |||
PORTFOLIO MANAGER |
LENDERS | ||||
Sankaty Advisors, LLC as Collateral Manager for Castle Hill III CLO, Limited, as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
XXXXX X. XXXXX | |||
Title: |
MANAGING DIRECTOR | |||
PORTFOLIO MANAGER |
LENDERS | ||||
Sankaty Advisors, LLC as Collateral Manager for Castle Hill I - INGOTS, Ltd., as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
XXXXX X. XXXXX | |||
Title: |
MANAGING DIRECTOR | |||
PORTFOLIO MANAGER |
LENDERS | ||||
Sankaty Advisors, LLC as Collateral Manager for Castle Hill II - INGOTS, Ltd., as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
XXXXX X. XXXXX | |||
Title: |
MANAGING DIRECTOR | |||
PORTFOLIO MANAGER |
LENDERS | ||||
Sankaty Advisors, LLC as Collateral Manager for Race Point CLO, Limited, as Term Lender | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: |
XXXXX X. XXXXX | |||
Title: |
MANAGING DIRECTOR | |||
PORTFOLIO MANAGER |
LENDERS | ||
Sankaty High Yield Partners III, L.P. | ||
[Print Name of Financial Institution] |
By: | /s/ XXXXX X. XXXXX | |||
Name: |
XXXXX X. XXXXX | |||
Title: |
MANAGING DIRECTOR PORTFOLIO MANAGER |
LENDERS | ||||
BIRCHWOOD FUNDING LLC | ||||
By: | /s/ XXXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxxx X. Xxxxxxx | |||
Title: |
Assistant Vice President |
LENDERS | ||||
ELT LTD. | ||||
By: | /s/ XXXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxxx X. Xxxxxxx | |||
Title: |
Assistant Vice President |
JUPITER LOAN FUNDING LLC | ||||
By: | /s/ XXXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxxx X. Xxxxxxx | |||
Title: |
Assistant Vice President |
LONG LANE MASTER TRUST IV | ||||
By: | /s/ XXXXXXXX X. XXXXXXX | |||
Name: |
XXXXXXXX X. XXXXXXX | |||
Title: |
AUTHORIZED AGENT |
PPM MONARCH BAY FUNDING LLC | ||||
By: | /s/ XXXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxxx X. Xxxxxxx | |||
Title: |
Assistant Vice President |
PPM SHADOW CREEK FUNDING LLC | ||||
By: | /s/ XXXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxxx X. Xxxxxxx | |||
Title: |
Assistant Vice President |
PPM SPYGLASS FUNDING TRUST | ||||
By: | /s/ XXXXX X. XXXXXXXXX | |||
Name: |
XXXXX X. XXXXXXXXX | |||
Title: |
AUTHORIZED AGENT |
LENDERS | ||||
SAWGRASS TRADING LLC | ||||
By: | /s/ XXXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxxx X. Xxxxxxx | |||
Title: |
Assistant Vice President |
SRF 2000, INC. | ||||
By: | /s/ XXXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxxx X. Xxxxxxx | |||
Title: |
Assistant Vice President |
WINGED FOOT FUNDING TRUST | ||||
By: | /s/ XXXXXXXX X. XXXXXXX | |||
Name: |
XXXXXXXX X. XXXXXXX | |||
Title: |
AUTHORIZED AGENT |
LENDERS | ||||
BANK LEUMI USA | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX XXX HONG | |||
Name: |
Xxxxx Xxx Hong | |||
Title: |
Vice President |
LENDERS | ||||
Bank of Tokyo-Mitsubishi Trust Company | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: |
Xxxxxxx X. Xxxx | |||
Title: |
Vice President |
LENDERS | ||||
BlackRock Senior Income Series | ||||
Magnetite Asset Investors III LLC | ||||
Magnetite IV CLO, Limited | ||||
Magnetite V CLO, Limited | ||||
By: | /s/ XXX XXXXXXX | |||
Name: |
Xxx Xxxxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||
Columbus Loan Funding Ltd. | ||
By: | Travelers Asset Management International Company LLC | |
By: | /s/ XXXX X’XXXXXXX | |
Name: |
Xxxx X’Xxxxxxx | |
Title: |
Vice President |
LENDERS | ||
Citigroup Investments Corporate Loan Fund Inc. | ||
By: | Travelers Asset Management International Company LLC | |
By: | /s/ XXXX X’XXXXXXX | |
Name: |
Xxxx X’Xxxxxxx | |
Title: |
Vice President |
LENDERS | ||||
CITICORP INSURANCE AND INVESTMENT TRUST | ||||
by: |
Travelers Asset Management International Company LLC | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX XXXXXXXX | |||
Name: |
XXXXX XXXXXXXX | |||
Title: |
INVESTMENT OFFICER |
LENDERS | ||||
THE TRAVELERS INSURANCE COMPANY | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX XXXXXXXX | |||
Name: |
XXXXX XXXXXXXX | |||
Title: |
INVESTMENT OFFICER |
LENDERS | ||||
CREDIT SUISSE FIRST BOSTON, acting through its Cayman Island Branch |
By: | /s/ S. XXXXXXX XXX | |||
Name: |
S. Xxxxxxx Xxx | |||
Title: |
Director |
By: | /s/ XXXXX XXXX | |||
Name: |
XXXXX XXXX | |||
Title: |
VICE PRESIDENT |
LENDERS | ||||
DBS BANK LTD., LOS ANGELES AGENCY | ||||
[Print Name of Financial Institution] |
By: | /s/ XXXXXX XX | |||
Name: |
XXXXXX XX | |||
Title: |
GENERAL MANAGER |
LENDERS | ||
BRYN MAWR CLO, Ltd. | ||
By: |
Deerfield Capital Management LLC as its Collateral Manager | |
By: |
/s/ XXX XXXXXXX | |
Name: |
Xxx Xxxxxxx | |
Title: |
Senior Vice President |
LENDERS | ||
FOREST CREEK CLO, Ltd. | ||
By: |
Deerfield Capital Management LLC as its Collateral Manager | |
By: |
/s/ XXX XXXXXXX | |
Name: |
Xxx Xxxxxxx | |
Title: |
Senior Vice President |
LENDERS | ||
LONG GROVE CLO, LIMITED | ||
By: |
Deerfield Capital Management LLC as its Collateral Manager | |
By: |
/s/ XXX XXXXXXX | |
Name: |
Xxx Xxxxxxx | |
Title: |
Senior Vice President |
LENDERS | ||
ROSEMONT CLO, Ltd. | ||
By: |
Deerfield Capital Management LLC as its Collateral Manager | |
By: |
/s/ XXX XXXXXXX | |
Name: |
Xxx Xxxxxxx | |
Title: |
Senior Vice President |
LENDERS | ||||
COSTANINUS XXXXX XXXXX CDO V, LTD. | ||||
BY: |
XXXXX XXXXX MANAGEMENT AS INVESTMENT ADVISOR | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
XXXXX XXXXX CDO III, LTD. | ||||
BY: |
XXXXX XXXXX MANAGEMENT AS INVESTMENT ADVISOR | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
XXXXX XXXXX CDO VI, LTD. | ||||
BY: |
XXXXX XXXXX MANAGEMENT AS INVESTMENT ADVISOR | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
XXXXX XXXXX FLOATING-RATE INCOME TRUST | ||||
BY: |
XXXXX XXXXX MANAGEMENT AS INVESTMENT ADVISOR | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
XXXXX XXXXX INSTITUTIONAL SENIOR LOAN FUND | ||||
BY: | XXXXX XXXXX MANAGEMENT AS INVESTMENT ADVISOR | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
XXXXX XXXXX LIMITED DURATION INCOME FUND | ||||
BY: | XXXXX XXXXX MANAGEMENT AS INVESTMENT ADVISOR | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
XXXXX XXXXX SENIOR FLOATING-RATE TRUST | ||||
BY: | XXXXX XXXXX MANAGEMENT AS INVESTMENT ADVISOR | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
XXXXX XXXXX SENIOR INCOME TRUST | ||||
BY: | XXXXX XXXXX MANAGEMENT AS INVESTMENT ADVISOR | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
XXXXX XXXXX VT FLOATING-RATE INCOME FUND | ||||
BY: | XXXXX XXXXX MANAGEMENT AS INVESTMENT ADVISOR | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
XXXXXXX & CO | ||||
BY: | BOSTON MANAGEMENT AND RESEARCH AS INVESTMENT ADVISOR | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
SENIOR DEBT PORTFOLIO | ||||
By: | Boston Management and Research as Investment Advisor | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
TOLLI & CO. | ||||
By: | XXXXX XXXXX MANAGEMENT AS INVESTMENT ADVISOR | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
LENDERS | ||||
Erste Bank New York | ||||
By: | /s/ XXXXXX X. XXXXXX | |||
Name: |
Xxxxxx X. Xxxxxx | |||
Title: |
Director | |||
By: | /s/ XXXXX XXXXX | |||
Name: |
Xxxxx Xxxxx | |||
Title: |
First Vice President |
LENDERS | ||||
Ballyrock CLO II Limited, | ||||
By: | Ballyrock Investment Advisors LLC, as Collateral Manager | |||
By: | /s/ XXXX XXXXX | |||
Name: |
Xxxx Xxxxx | |||
Title: |
Assistant Treasurer |
LENDERS | ||||
Flagship Capital CLO 2001-1 | ||||
By: | Flagship Capital Management, Inc. | |||
By: | /s/ XXXXXXX XXXXXXXX | |||
Name: |
Xxxxxxx Xxxxxxxx | |||
Title: |
Director |
LENDERS | ||||
Flagship Capital CLO II | ||||
By: | Flagship Capital Management, Inc. | |||
By: | /s/ XXXXXXX XXXXXXXX | |||
Name: |
Xxxxxxx Xxxxxxxx | |||
Title: |
Director |
LENDERS | ||||
Flagship Capital CLO III | ||||
By: | Flagship Capital Management, Inc. | |||
By: | /s/ XXXXXXX XXXXXXXX | |||
Name: |
Xxxxxxx Xxxxxxxx | |||
Title: |
Director |
LENDERS | ||||
Xxxxx Xxx & Farnham CLO I LTD., | ||||
By Columbia Management Advisors, Inc. as Portfolio Manager | ||||
By: | /s/ XXXXXXX XXXXXXXX | |||
Name: |
Xxxxxxx Xxxxxxxx | |||
Title: |
Director |
LENDERS | ||||
Franklin CLO I, Limited | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX XXXXXX | |||
Name: |
XXXXX XXXXXX | |||
Title: |
VICE PRESIDENT |
LENDERS | ||||
FRANKLIN FLOATING RATE DAILY ACCESS FUND | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX XXX | |||
Name: |
Xxxxxxx Xxx | |||
Title: |
Vice President |
LENDERS | ||||
General Electric Capital Corporation | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX XXXXXXXXXX | |||
Name: |
Xxxxx Xxxxxxxxxx | |||
Title: |
Duly Authorized Signatory |
LENDERS | ||||
ING PRIME RATE TRUST | ||||
By: | ING Investment Management, Co. as its investment manager | |||
By: | /s/ XXXXXXXX X. XXXX | |||
Name: |
Xxxxxxxx X. Xxxx | |||
Title: |
Vice President | |||
ING SENIOR INCOME FUND | ||||
By: | ING Investment Management, Co. as its investment manager | |||
By: | /s/ XXXXXXXX X. XXXX | |||
Name: |
Xxxxxxxx X. Xxxx | |||
Title: |
Vice President | |||
ML CLO XV PILGRIM AMERICA (CAYMAN) LTD. | ||||
By: | ING Investments, LLC as its investment manager | |||
By: | /s/ XXXXXXXX X. XXXX | |||
Name: |
Xxxxxxxx X. Xxxx | |||
Title: |
Vice President | |||
ML CLO XX PILGRIM AMERICA (CAYMAN) LTD. | ||||
By: | ING Investments, LLC as its investment manager | |||
By: | /s/ XXXXXXXX X. XXXX | |||
Name: |
Xxxxxxxx X. Xxxx | |||
Title: |
Vice President |
LENDERS | ||||
AIM FLOATING RATE FUND | ||||
By: | INVESCO Senior Secured Management, Inc. As Sub-Adviser |
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
ALZETTE EUROPEAN CLO S.A. | ||||
By: | INVESCO Senior Secured Management, Inc. As Collateral Manager |
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
AVALON CAPITAL LTD. | ||||
By: | INVESCO Senior Secured Management, Inc. As Portfolio Advisor |
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
AVALON CAPITAL LTD. 3 | ||||
By: | INVESCO Senior Secured Management, Inc. As Asset Manager |
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
CHAMPLAIN CLO, LTD. | ||||
By: | INVESCO Senior Secured Management, Inc. As Collateral Manager |
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
CHARTER VIEW PORTFOLIO | ||||
By: | INVESCO Senior Secured Management, Inc. As Investment Advisor | |||
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
DIVERSIFIED VIEW PORTFOLIO LTD. | ||||
By: | INVESCO Senior Secured Management, Inc. as Investment Advisor | |||
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
INVESCO EUROPEAN CDO I S.A. | ||||
By: | INVESCO Senior Secured Management, Inc. As Collateral Manager | |||
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
LOAN FUNDING IX LLC, for itself or as agent for Corporate Loan Funding IX LLC | ||||
By: | INVESCO Senior Secured Management, Inc. As Portfolio Manager | |||
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
PETRUSSE EUROPEAN CLO S.A.fvfv | ||||
By: | INVESCO Senior Secured Management, Inc. As Collateral Manager | |||
By: | /s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
SARATOGA CLO I, LIMITED | ||||
By: |
INVESCO Senior Secured Management, Inc. As Asset Manager | |||
By: |
/s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
SEQUILS LIBERTY, LTD. | ||||
By: |
INVESCO Senior Secured Management, Inc. As Collateral Manager | |||
By: |
/s/ XXXXXX X. X. XXXXX | |||
Name: |
Xxxxxx X. X. Xxxxx | |||
Title: |
Authorized Signatory |
LENDERS | ||||
KATONAH I, LTD. | ||||
By: |
/s/ XXXXX XXXXX XXXXX | |||
Name: |
XXXXX XXXXX XXXXX | |||
Title: |
Authorized Officer | |||
Katonah Capital, L.L.C. As Manager |
LENDERS | ||||
KATONAH II, LTD. | ||||
By: |
/s/ XXXXX XXXXX XXXXX | |||
Name: |
XXXXX XXXXX XXXXX | |||
Title: |
Authorized Officer | |||
Katonah Capital, L.L.C. As Manager |
LENDERS | ||||
KATONAH III, LTD. | ||||
By: |
/s/ XXXXX XXXXX XXXXX | |||
Name: |
XXXXX XXXXX XXXXX | |||
Title: |
Authorized Officer | |||
Katonah Capital, L.L.C. As Manager |
LightPoint CLO 2004-1, Ltd. | ||||
By: | /S/ XXXXXX X. XXXXXX | |||
Name: |
XXXXXX X. XXXXXX | |||
Title: |
SENIOR MANAGING DIRECTOR & CHIEF EXECUTIVE OFFICER |
LENDERS | ||||
INDOSUEZ CAPITAL FUNDING VI, LIMITED | ||||
[Print Name of Financial Institution] | ||||
LYON CAPITAL MANAGEMENT LLC | ||||
By: | /s/ XXXXXXXXX X. XXXXX | |||
Name: |
Xxxxxxxxx X. Xxxxx | |||
Title: |
Portfolio Manager | |||
By: |
LYON CAPITAL MANAGEMENT LLC As Collateral Manager |
LENDERS | ||||
LCM I LIMITED PARTNERSHIP | ||||
LCM II LIMITED PARTNERSHIP | ||||
[Print Name of Financial Institution] | ||||
LYON CAPITAL MANAGEMENT LLC | ||||
By: | /s/ XXXXXXXXX X. XXXXX | |||
Name: |
Xxxxxxxxx X. Xxxxx | |||
Title: |
Portfolio Manager | |||
By: |
LYON CAPITAL MANAGEMENT LLC As Collateral Manager |
LENDERS | ||||
KZH CRESCENT-3 LLC | ||||
By: | /s/ HI HUA | |||
Name: |
HI HUA | |||
Title: |
AUTHORIZED AGENT |
LENDERS | ||||
KZH PONDVIEW LLC | ||||
By: | /s/ HI HUA | |||
Name: |
HI HUA | |||
Title: |
AUTHORIZED AGENT |
LENDERS | ||||
KZH SOLEIL LLC | ||||
By: | /s/ HI HUA | |||
Name: |
HI HUA | |||
Title: |
AUTHORIZED AGENT |
LENDERS | ||||
KZH SOLEIL-2 LLC | ||||
By: | /s/ HI HUA | |||
Name: |
HI HUA | |||
Title: |
AUTHORIZED AGENT |
LENDERS | ||||
DEBT STRATEGIES FUND, INC. | ||||
By: | /s/ OMAR JAMA | |||
Omar Jama | ||||
Authorized Signatory | ||||
SENIOR HIGH INCOME PORTFOLIO, INC. | ||||
By: | /s/ OMAR JAMA | |||
Omar Jama | ||||
Authorized Signatory | ||||
MASTER SENIOR FLOATING RATE TRUST | ||||
By: | /s/ OMAR JAMA | |||
Omar Jama | ||||
Authorized Signatory |
LENDERS | ||||
XXXXXXX XXXXX GLOBAL INVESTMENT SERIES: INCOME STRATEGIES PORTFOLIO | ||||
By: | Xxxxxxx Xxxxx Investment Managers, L.P. as Investment Advisor | |||
By: | /s/ OMAR JAMA | |||
Omar Jama | ||||
Authorized Signatory | ||||
Longhorn CDO III, LTD. | ||||
By: | Xxxxxxx Xxxxx Investment Managers, L.P. as Investment Advisor | |||
By: | /s/ OMAR JAMA | |||
Omar Jama | ||||
Authorized Signatory | ||||
Longhorn CDO (Cayman) LTD | ||||
By: | Xxxxxxx Xxxxx Investment Managers, L.P. as Investment Advisor | |||
By: | /s/ OMAR JAMA | |||
Omar Jama | ||||
Authorized Signatory | ||||
Longhorn CDO II, LTD. | ||||
By: | Xxxxxxx Xxxxx Investment Managers, L.P. as Investment Advisor | |||
By: | /s/ OMAR JAMA | |||
Omar Jama | ||||
Authorized Signatory |
LENDERS | ||||
Venture IV CDO Limited | ||||
By | its investment advisor, MJX Asset Management LLC | |||
By: | /s/ XXXXXXX XXXXXXX | |||
Name: |
Xxxxxxx Xxxxxxx | |||
Title: |
Director |
LENDERS | ||||
Natexis Banques Populaires | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President and Group Manager | |||
By: | /s/ XXXXXX XXXXX | |||
Name: |
Xxxxxx Xxxxx | |||
Title: |
Vice President |
LENDERS | ||||
ELF Funding Trust III | ||||
By: | New York Life Investment Management LLC, | |||
By: | /s/ XXXXXX X. XXXX | |||
Name: |
Xxxxxx X. Xxxx | |||
Title: |
Managing Director | |||
MainStay Floating Rate Fund, a series of Eclipse Fund Inc. | ||||
By: | New York Life Investment Management LLC | |||
By: | /s/ XXXXXX X. XXXX | |||
Name: |
Xxxxxx X. Xxxx | |||
Title: |
Managing Director | |||
NYLIM Flatiron CLO 2004-1 Ltd. | ||||
By: | New York Life Investment Management LLC, | |||
By: | /s/ XXXXXX X. XXXX | |||
Name: |
Xxxxxx X. Xxxx | |||
Title: |
Managing Director |
LENDERS | ||||
Clydesdale CLO 2001-1, Ltd. | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXXXX XXXX | |||
Name: |
||||
Title: |
||||
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. AS COLLATERAL MANAGER |
LENDERS | ||||
Clydesdale CLO 2003 Ltd | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXXXX XXXX | |||
Name: |
||||
Title: |
||||
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. AS COLLATERAL MANAGER |
LENDERS | ||||
Clydesdale CLO 2004, Ltd | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXXXX XXXX | |||
Name: |
||||
Title: |
||||
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. AS INVESTMENT MANAGER |
LENDERS | ||||
NCRAM Loan Trust | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXXXX XXXX | |||
Name: |
||||
Title: |
||||
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. AS INVESTMENT ADVISOR |
LENDERS | ||||
Nomura Bond & Loan Fund | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXXXX XXXX | |||
Name: |
||||
Title: |
||||
By: |
UFJ Trust Bank Limited as Trustee | |||
By: |
Nomura Corporate Research and Asset Management Inc. Attorney in Fact |
LENDERS | ||||||||||||
[Print Name of Financial Institution] | ||||||||||||
By: |
||||||||||||
Name: |
||||||||||||
Title: |
||||||||||||
OAK HILL SECURITIES FUND, L.P. | OAK HILL SECURITIES FUND II, L.P. | |||||||||||
By: | Oak Hill Securities GenPar, L.P. its General Partner |
By: | Oak Hill Securities GenPar II, L.P. its General Partner | |||||||||
By: | Oak Hill Securities MGP, Inc., its General Partner |
By: | Oak Hill Securities MGP II, Inc., its General Partner | |||||||||
By: | /s/ XXXXX X. XXXXX | By: | /s/ XXXXX X. XXXXX | |||||||||
Name: |
Xxxxx X. Xxxxx | Name: | Xxxxx X. Xxxxx | |||||||||
Title: |
Vice President | Title: |
Vice President |
OAK HILL CREDIT PARTNERS I, LIMITED | OAK HILL CREDIT PARTNERS II, LIMITED | |||||||||||
By: | Oak Hill CLO Management I, LLC As Investment Manager |
By: | Oak Hill CLO Management II, LLC As Investment Manager | |||||||||
By: | /s/ XXXXX X. XXXXX | By: | /s/ XXXXX X. XXXXX | |||||||||
Name: |
Xxxxx X. Xxxxx | Name: | Xxxxx X. Xxxxx | |||||||||
Title: |
Authorized Person | Title: |
Authorized Person |
OAK HILL CREDIT PARTNERS III, LIMITED | ||||||||||||
By: | Oak Hill CLO Management III, LLC As Investment Manager |
|||||||||||
By: | /s/ XXXXX X. XXXXX | |||||||||||
Name: |
Xxxxx X. Xxxxx | |||||||||||
Title: |
Authorized Person |
LENDERS | ||||
Addison CDO, Limited | ||||
By: | Pacific Investment Management Company LLC, as it Investment Advisor | |||
By: | /s/ XXXXX X. XXXXXXXXXX | |||
Xxxxx X. Xxxxxxxxxx | ||||
Managing Director |
LENDERS | ||
CAPTIVA IV Finance Ltd. as advised by Pacific Investment Management Company LLC | ||
By: | /s/ XXXXX XXXX | |
Xxxxx Xxxx | ||
Director |
LENDERS | ||||
DELANO Company | ||||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |||
By: |
/s/ XXXXX X. XXXXXXXXXX | |||
Xxxxx X. Xxxxxxxxxx | ||||
Managing Director |
LENDERS | ||||
Jissekikun Funding, Ltd. | ||||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |||
By: |
/s/ XXXXX X. XXXXXXXXXX | |||
Xxxxx X. Xxxxxxxxxx | ||||
Managing Director |
LENDERS | ||||
Loan Funding III LLC | ||||
By: | Pacific Investment Management Company LLC, as its Investment Advisor | |||
By: |
/s/ XXXXX X. XXXXXXXXXX | |||
Xxxxx X. Xxxxxxxxxx | ||||
Managing Director |
LENDERS | ||
ROYALTON COMPANY | ||
By: |
Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ XXXXX X. XXXXXXXXXX | |
Xxxxx X. Xxxxxxxxxx | ||
Managing Director |
LENDERS | ||
SEQUILS-MAGNUM, LTD. | ||
By: |
Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ XXXXX X. XXXXXXXXXX | |
Xxxxx X. Xxxxxxxxxx | ||
Managing Director |
LENDERS | ||
Southport CLO, Limited | ||
By: |
Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ XXXXX X. XXXXXXXXXX | |
Xxxxx X. Xxxxxxxxxx | ||
Managing Director |
LENDERS | ||
Waveland – INGOTS, LTD. | ||
By: |
Pacific Investment Management Company LLC, as its Investment Advisor | |
By: | /s/ XXXXX X. XXXXXXXXXX | |
Xxxxx X. Xxxxxxxxxx | ||
Managing Director |
LENDERS | ||
Wrigley CDO, Ltd. | ||
By: |
Pacific Investment Management Company LLC, as its Investment Advisor | |
By: |
/s/ XXXXX X. XXXXXXXXXX | |
Xxxxx X. Xxxxxxxxxx | ||
Managing Director |
LENDERS | ||||
BOSTON HARBOR CLO 2004-1, LTD. | ||||
By: | /s/ XXXX XXXXX | |||
Name: |
Xxxx Xxxxx | |||
Title: |
V.P. |
LENDERS | ||||
XXXXXX DIVERSIFIED INCOME TRUST | ||||
By: | /s/ XXXX XXXXX | |||
Name: |
Xxxx Xxxxx | |||
Title: |
V.P. |
LENDERS | ||
CLT, L.P. | ||
By Royal Bank of Canada as Collateral Manager | ||
By: | /s/ XXXXX XXXXX | |
Name: |
Xxxxx Xxxxx | |
Title: |
Authorized Signatory |
LENDERS | ||
FOXE BASIN CLO 2003, LTD. | ||
By Royal Bank of Canada as Collateral Manager | ||
By: | /s/ XXXXX XXXXX | |
Name: |
Xxxxx Xxxxx | |
Title: |
Authorized Signatory |
LENDERS | ||
XXXXXX STRAITS CLO 2004, LTD. | ||
By Royal Bank of Canada as Collateral Manager | ||
By: | /s/ XXXXX XXXXX | |
Name: |
Xxxxx Xxxxx | |
Title: |
Authorized Signatory |
LENDERS | ||
SEQUILS-Glace Bay, Ltd. | ||
By Royal Bank of Canada as Collateral Manager | ||
By: | /s/ XXXXX XXXXX | |
Name: |
Xxxxx Xxxxx | |
Title: |
Authorized Signatory |
LENDERS | ||
Sun Life Assurance Company of Canada (US) | ||
By: |
Fairlead Capital Management, Inc. as Sub-Advisor |
By: | /s/ XXXXX XXXXX | |
Name: |
Xxxxx Xxxxx | |
Title: |
Vice President and Senior Portfolio Manager |
LENDERS | ||||
Xxxxxxxxx Arbitrage CDO, Ltd. | ||||
By: |
Xxxxxxxxx Capital Partners LLC as its Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXXXXXX X. XXXXXX | |||
Name: |
Xxxxxxxxxxx X. Xxxxxx | |||
Title: |
Managing Partner |
LENDERS | ||||
Xxxxxxxxx Carrera CLO, Ltd. | ||||
By: |
Xxxxxxxxx Capital Partners LLC as its Asset Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXXXXXX X. XXXXXX | |||
Name: |
Xxxxxxxxxxx X. Xxxxxx | |||
Title: |
Managing Partner |
LENDERS | ||||
Xxxxxxxxx Quattro CLO, Ltd. | ||||
By: |
Xxxxxxxxx Capital Partners LLC As its Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXXXXXX X. XXXXXX | |||
Name: |
Xxxxxxxxxxx X. Xxxxxx | |||
Title: |
Managing Partner |
LENDERS | ||||
Trust Company of the West | ||||
[Print Name of Financial Institution] | ||||
CELERITY CLO LIMITED | ||||
By: | TCW Advisors, Inc., As Agent | |||
By: | /s/ XXXXXXX XXX | |||
Name: |
XXXXXXX XXX | |||
Title: |
VICE PRESIDENT | |||
By: | /s/ XXXXXXXX X. XXXXXX | |||
Name: |
XXXXXXXX X. XXXXXX | |||
Title: |
MANAGING DIRECTOR |
LENDERS | ||||
Trust Company of the West | ||||
[Print Name of Financial Institution] | ||||
C-SQUARED CDO LTD. | ||||
By: | TCW Advisors, Inc., as its Portfolio Manager | |||
By: | /s/ XXXXXXX XXX | |||
Name: |
XXXXXXX XXX | |||
Title: |
VICE PRESIDENT |
LENDERS | ||
Trust Company of the West | ||
[Print Name of Financial Institution] | ||
FIRST 2004-I CLO, LTD. | ||
By: | TCW Advisors, Inc., its Collateral Manager | |
By: | /s/ XXXXXXX XXX | |
Name: |
Xxxxxxx Xxx | |
Title |
Vice President | |
By: | /s/ XXXXXXXX X. XXXXXX | |
Name: |
Xxxxxxxx X. Xxxxxx | |
Title |
Managing Director |
LENDERS | ||
Trust Company of the West | ||
[Print Name of Financial Institution] | ||
FIRST 2004-II CLO, LTD. | ||
By: | TCW Advisors, Inc., its Collateral Manager | |
By: | /s/ XXXXXXX XXX | |
Name: |
Xxxxxxx Xxx | |
Title |
Vice President | |
By: | /s/ XXXXXXXX X. XXXXXX | |
Name: |
Xxxxxxxx X. Xxxxxx | |
Title |
Managing Director |
LENDERS | ||
Trust Company of the West | ||
[Print Name of Financial Institution] | ||
LOAN FUNDING I LLC, a wholly owned subsidiary of Citibank, N.A. | ||
By: |
TCW Advisors, Inc., as portfolio manager of Loan Funding I LLC | |
By: | /s/ XXXXXXX XXX | |
Name: |
Xxxxxxx Xxx | |
Title: |
Vice President | |
By: | /s/ XXXXXXXX X. XXXXXX | |
Name: |
Xxxxxxxx X. Xxxxxx | |
Title: |
Managing Director |
LENDERS | ||
Trust Company of the West | ||
[Print Name of Financial Institution] | ||
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/ XXXXXXXX X. XXXXXX | |
Name: |
XXXXXXXX X. XXXXXX | |
Title: |
MANAGING DIRECTOR |
LENDERS | ||
Trust Company of the West | ||
[Print Name of Financial Institution] | ||
VELOCITY CLO, LTD. | ||
By: | TCW Advisors, Inc., its Collateral Manager |
By: | /s/ XXXXXXX XXX | |
Name: |
XXXXXXX XXX | |
Title: |
VICE PRESIDENT | |
By: | /s/ XXXXXXXX X. XXXXXX | |
Name: |
XXXXXXXX X. XXXXXX | |
Title: |
MANAGING DIRECTOR |
LENDERS | ||
TORONTO DOMINION (NEW YORK), LLC. | ||
By: | /s/ XXXXXX XXXXXX | |
Name: |
Xxxxxx Xxxxxx | |
Title: |
Authorized Signatory |
LENDERS | ||||
APEX (Trimaran) CDO I, LTD. | ||||
By | Trimaran Advisors, L.L.C. | |||
By: | /s/ XXXXX X. XXXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxxx | |||
Title: |
Managing Director |
LENDERS | ||||
XXXXX FARGO BANK N.A. | ||||
By: | /s/ XXXXXXX X. XXXXXX | |||
Name: |
XXXXXXX X. XXXXXX | |||
Title: |
VICE PRESIDENT |
LENDERS | ||||
Centurion CDO VII, Ltd. | ||||
By: | American Express Asset Management Group, Inc. as Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: |
Xxxxxxx X. Xxxx | |||
Title: |
Director-Operations |
LENDERS | ||||
Centurion CDO VI, Ltd. | ||||
By: | American Express Asset Management Group, Inc. as Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: |
Xxxxxxx X. Xxxx | |||
Title: |
Director-Operations |
LENDERS | ||||
Centurion CDO III, Limited | ||||
By: | American Express Asset Management Group Inc. as Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: |
Xxxxxxx X. Xxxx | |||
Title: |
Director-Operations |
LENDERS | ||||
Centurion CDO II, Ltd. | ||||
By: | American Express Asset Management Group, Inc. as Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: |
Xxxxxxx X. Xxxx | |||
Title: |
Director-Operations |
LENDERS | ||||
Sequils-Centurion V, Ltd. | ||||
By: | American Express Asset Management Group, Inc. as Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX X. XXXX | |||
Name: |
Xxxxxxx X. Xxxx | |||
Title: |
Director-Operations |
LENDERS | ||||
American Express Certificate Company | ||||
By: | American Express Asset Management Group, Inc. as Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXX X. XXXXXXX | |||
Name: |
Xxxxxx X. Xxxxxxx | |||
Title: |
Senior Managing Director |
LENDERS | ||||
IDS Life Insurance Company | ||||
By: | American Express Asset Management Group, Inc. as Collateral Manager | |||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXX X. XXXXXXX | |||
Name: |
Xxxxxx X. Xxxxxxx | |||
Title: |
Senior Managing Director |
LENDERS | ||||
INVESTORS BANK & TRUST COMPANY AS SUB-CUSTODIAN AGENT OF CYPRESSTREE INTERNATIONAL LOAN HOLDING COMPANY LIMITED | ||||
By: | /s/ XXXX X. XXXXXXXX | |||
Name: |
XXXX X. XXXXXXXX | |||
Title: |
DIRECTOR | |||
By: | /s/ XXXXXXX X. OMOHUNOBO. JR. | |||
Name: |
XXXXXXX X. OMOHUNOBO. JR., CFA | |||
Title: |
DIRECTOR |
LENDERS | ||||||
Xxxxxx’x Island CDO, Ltd. | ||||||
By: | Cypress Tree Investment Management Company, Inc., as Portfolio Manager | |||||
By: |
/s/ XXXX X. XXXXXXXX | |||||
Name: |
XXXX X. XXXXXXXX | |||||
Title: |
DIRECTOR |
LENDERS | ||
Flagship CLO IV | ||
By: |
Flagship Capital Management, Inc., Attorney-in-Fact | |
By: | /s/ XXXXXXX XXXXXXXX | |
Name: |
Xxxxxxx Xxxxxxxx | |
Title: |
Director |
LENDERS | ||
CUMBERLAND II CLO LTD | ||
By: |
Deerfield Capital Management LLC as its Collateral Manager | |
By: | /s/ XXX XXXXXXX | |
Name: |
Xxx Xxxxxxx | |
Title: |
Sr. Vice President |
LENDERS | ||
THE NORINCHUKIN BANK, NEW YORK BRANCH, through State Street Bank and Trust Company N.A. as Fiduciary Custodian By: Xxxxx Xxxxx Management, Attorney-in-fact |
[Print Name of Financial Institution] |
By: | /s/ XXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxx X. Xxxxxxx | |||
Title: |
Vice President |
ARES ENHANCED LOAN INVESTMENT STRATEGY, LTD. | ||
By: | Ares Enhanced Loan Management, L.P., Investment Manager | |
By: |
Ares Enhanced Loan GP, LLC Its General Partner | |
By: |
/s/ XXXX X. XXXXXXX | |
Name: |
Xxxx X. Xxxxxxx | |
Title: |
Vice President |
LENDERS | ||
GE Business Capital Corporation f/k/a Transamerica Business Capital Corporation | ||
[Print Name of Financial Institution] |
By: | /s/ XXXXX XXXXXXXXXX | |||
Name: |
Xxxxx Xxxxxxxxxx | |||
Title: |
Duly Authorized Signatory |
LENDERS | ||||
00xx Xxxxxx Funding II Inc. | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXXX WETSS | |||
Name: | Xxxxxxxx Wetss | |||
Title: | Authorized Signatory |
LENDERS | ||||
Katonah II, Ltd. by Sankaty Advisors LLC as Sub-Advisors | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXX X. XXXXX | |||
Name: | XXXXX X. XXXXX | |||
Title: | MANAGING DIRECTOR PORTFOLIO MANAGER |
LENDERS | ||||
HARBOUR TOWN FUNDING LLC | ||||
By: | /s/ XXXXXXXX X. XXXXXXX | |||
Name: | Xxxxxxxx X. Xxxxxxx | |||
Title: | Assistant Vice President |
LENDERS | ||
CAPTIVA III Finance Ltd., as advised by Pacific Investment Management Company LLC | ||
By: | /s/ XXXXX XXXX | |
Xxxxx Xxxx | ||
Director |
LENDERS | ||||
MUIRFIELD TRADING LLC | ||||
By: | /s/ XXXXXXXX X. XXXXXXX | |||
Name: |
Xxxxxxxx X. Xxxxxxx | |||
Title: |
Assistant Vice President |
LENDERS | ||||
FORTIS CAPITAL CORP. | ||||
By: | /s/ Illegible | |||
Name: |
Illegible | |||
Title: |
V. P. | |||
FORTIS CAPITAL CORP. | ||||
By: | /s/ XXXXX XXXXXXX | |||
Name: |
Xxxxx Xxxxxxx | |||
Title: |
Managing Director |
LENDERS | ||||
Credit Industriel et Commercial | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ XXXXXXX XXXX | |||
Name: |
Xxxxxxx Xxxx | |||
Title: |
Vice President | |||
By: | /s/ XXXXX X’XXXXX | |||
Name: |
Xxxxx X’Xxxxx | |||
Title: |
Vice President |
LENDERS | ||||
ORIX Financial Services, Inc. | ||||
By: | /s/ XXXXX X. XXXXXXXXX | |||
Name: |
Xxxxx X. Xxxxxxxxx | |||
Title: |
Associate Director |
LENDERS | ||
Banca Intega S.p.A. | ||
By: | /s/ XXXX X. XXXXXXXXXX | |
Name: |
Xxxx X. Xxxxxxxxxx | |
Title: |
First Vice President | |
By: | /s/ XXXXXXX X. GLOBBI | |
Name: |
Xxxxxxx X. Globbi | |
Title: |
First Vice President |
LENDERS | ||||
Aeries Finance-II Ltd. | ||||
By: Patriarch Partners X, LLC, | ||||
By: | /s/ XXXX XXXXXX | |||
Name: |
Xxxx Xxxxxx | |||
Title: |
Manager | |||
Oasis Collateralized High Income Portfolios-1, Ltd. | ||||
By: Patriarch Partners XIII, LLC, | ||||
By: | /s/ XXXX XXXXXX | |||
Name: |
Xxxx Xxxxxx | |||
Title: |
Manager |
LENDERS | ||||
Calyon New York Branch | ||||
[Print Name of Financial Institution] | ||||
By: | /s/ PHILIPPE SOUSTRA | |||
Name: |
Philippe Soustra | |||
Title: |
Executive Vice President |
/s/ ATTICA COACH |
Attica Coach |
Managing Director |
LENDERS | ||
LLOYDS TSB BANK PLC | ||
By: | /s/ WINDSOR X. XXXXXX | |
Windsor X. Xxxxxx | ||
Director, Corporate Banking, USA | ||
D061 | ||
By: | /s/ XXXXXX XXXXXXX | |
Xxxxxx Xxxxxxx | ||
VP Corporate Banking | ||
R089 |