SECOND AMENDMENT TO CREDIT AGREEMENT
EXHIBIT 4.1
[CONFORMED AS EXECUTED]
SECOND AMENDMENT TO CREDIT AGREEMENT
SECOND
AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of August 31, 2007, among
AMERISTAR CASINOS, INC., a Nevada corporation (the “Borrower”), the various lenders party to the
Credit Agreement referred to below (the “Lenders”) and DEUTSCHE BANK TRUST COMPANY AMERICAS, as
Administrative Agent (all capitalized terms used herein and not otherwise defined herein shall have
the respective meanings provided such terms in the Credit Agreement as defined below).
W I T N E S S E T H:
WHEREAS, the Borrower, the Lenders, the Administrative Agent and the other agents party
thereto are party to a Credit Agreement, dated as of November 10, 2005 (as amended, modified or
supplemented through the date hereof, the “Credit Agreement”);
WHEREAS, the Borrower has requested that the Lenders agree to certain amendments to the Credit
Agreement; and
WHEREAS, the Borrower and the Lenders wish to amend the Credit Agreement as provided herein;
NOW, THEREFORE, it is agreed:
I. Amendments to the Credit Agreement
1. Section 1.14(a) of the Credit Agreement is hereby amended by deleting the text
“$400,000,000” appearing in clause (iv) therein and inserting “$600,000,000” in lieu thereof.
2. Section 8.13(a)(iv) of the Credit Agreement is hereby amended by deleting said Section in
its entirety and inserting the following new Section 8.13(a)(iv) in lieu thereof:
“(iv) the aggregate Maximum Permitted Consideration paid in connection with (x) all Permitted
Acquisitions (other than the RIH Acquisition) consummated after the Initial Borrowing Date and on
or prior to the date of the consummation of the proposed Permitted Acquisition does not exceed
$300,000,000 and (y) the RIH Acquisition shall not exceed $700,000,000.”
3. Sections 9.08 and 9.09 of the Credit Agreement are hereby amended by deleting said Sections
in their entirety and inserting the following new Sections 9.08 and 9.09 in lieu thereof:
“9.08 Leverage Ratio. The Borrower will not permit the Leverage Ratio at any time during a
period set forth below to be greater than the ratio set forth opposite such period below:
Period | Ratio | |||
Fiscal Quarter ending
|
6.25:1.00 | |||
September 30, 2007 |
||||
Fiscal Quarter ending
|
6.25:1.00 | |||
December 31, 2007 |
||||
Fiscal Quarter ending
|
6.25:1.00 | |||
March 31, 2008 |
||||
Fiscal Quarter ending
|
6.25:1.00 | |||
June 30, 2008 |
||||
Fiscal Quarter ending
|
6.25:1.00 | |||
September 30, 2008 |
||||
Fiscal Quarter ending
|
6.25:1.00 | |||
December 31, 2008 |
||||
Fiscal Quarter ending
|
6.00:1.00 | |||
March 31, 2009 |
||||
Fiscal Quarter ending
|
6.00:1.00 | |||
June 30, 2009 |
||||
Fiscal Quarter ending
|
5.75:1.00 | |||
September 30, 2009 |
||||
Fiscal Quarter ending
|
5.75:1.00 | |||
December 31, 2009 |
-2-
Period | Ratio | |||
Fiscal Quarter ending
|
5.50:1.00 | |||
March 31, 2010 |
||||
Fiscal Quarter ending
|
5.50:1.00 | |||
June 30, 2010 |
||||
Fiscal Quarter ending
|
5.50:1.00 | |||
September 30, 2010 |
||||
Fiscal Quarter ending
|
5.25:1.00 | |||
December 31, 2010 |
||||
Fiscal Quarter ending
|
5.25:1.00 | |||
March 31, 2011 |
||||
Fiscal Quarter ending
|
5.00:1.00 | |||
June 30, 2011 |
||||
Fiscal Quarter ending
|
5.00:1.00 | |||
September 30, 2011 |
||||
Fiscal Quarter ending
|
5.00:1.00 | |||
December 31, 2011 |
||||
Fiscal Quarter ending
|
5.00:1.00 | |||
March 31, 2012 |
||||
Fiscal Quarter ending
|
5.00:1.00 | |||
June 30, 2012 |
||||
Fiscal Quarter ending
|
5.00:1.00 | |||
September 30, 2012 |
||||
Thereafter
|
5.00:1.00. |
9.09 Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio at any time
during a period set forth below to be greater than the ratio set forth opposite such period below:
Period | Ratio | |||
Fiscal Quarter ending September 30, 2007 |
5.25:1.00 | |||
Fiscal Quarter ending
|
5.25:1.00 | |||
December 31, 2007 |
-3-
Period | Ratio | |||
Fiscal Quarter ending
|
5.25:1.00 | |||
March 31, 2008 |
||||
Fiscal Quarter ending
|
5.25:1.00 | |||
June 30, 2008 |
||||
Fiscal Quarter ending
|
5.25:1.00 | |||
September 30, 2008 |
||||
Fiscal Quarter ending
|
5.25:1.00 | |||
December 31, 2008 |
||||
Fiscal Quarter ending
|
5.25:1.00 | |||
March 31, 2009 |
||||
Fiscal Quarter ending
|
5.00:1.00 | |||
June 30, 2009 |
||||
Fiscal Quarter ending
|
4.75:1.00 | |||
September 30, 2009 |
||||
Fiscal Quarter ending
|
4.75:1.00 | |||
December 31, 2009 |
||||
Fiscal Quarter ending
|
4.50:1.00 | |||
March 31, 2010 |
||||
Fiscal Quarter ending
|
4.50:1.00 | |||
June 30, 2010 |
||||
Fiscal Quarter ending
|
4.25:1.00 | |||
September 30, 2010 |
||||
Fiscal Quarter ending
|
4.00:1.00 | |||
December 31, 2010 |
||||
Fiscal Quarter ending
|
4.00:1.00 | |||
March 31, 2011 |
||||
Fiscal Quarter ending
|
3.75:1.00 | |||
June 30, 2011 |
||||
Fiscal Quarter ending
|
3.50:1.00 | |||
September 30, 2011 |
-4-
Period | Ratio | |||
Fiscal Quarter ending
|
3.50:1.00 | |||
December 31, 2011 |
||||
Fiscal Quarter ending
|
3.50:1.00 | |||
March 31, 2012 |
||||
Fiscal Quarter ending
|
3.50:1.00 | |||
June 30, 2012 |
||||
Fiscal Quarter ending
|
3.50:1.00 | |||
September 30, 2012 |
||||
Thereafter
|
3.50:1.00.”. |
4. Section 11.01 of the Credit Agreement is hereby amended by inserting the following
definition in the appropriate alphabetical order:
“RIH Acquisition” shall mean the acquisition of 100% of the membership interests of RIH
Acquisitions IN, LLC by the Borrower or a Subsidiary Guarantor pursuant to that certain Purchase
Agreement, dated as of April 3, 2007, by and between Resorts International Holdings, LLC and the
Borrower as the same may be modified or amended from time to time;
provided that, any such
modification or amendment that is materially adverse to the interest of the Lenders shall require
the consent of the Administrative Agent.”.
5. Section 11.01 of the Credit Agreement is hereby further amended by (x) deleting in its
entirety clause (b) appearing in the definition of “Applicable Margin” and “Applicable Commitment
Commission Percentage” therein and inserting the following new clause (b) in lieu thereof:
“(b) with respect to Initial Term Loans maintained as (i) Base Rate Loans, a percentage per
annum equal to 1.00% and (ii) Eurodollar Loans, a percentage per annum equal to 2.00%;” and
(y) deleting in its entirety the definition of “Xxxxxxx Family Group” therein and inserting
the following definition in lieu thereof:
“Xxxxxxx Family Group” shall mean collective reference to (i) the Estate of Xxxxx X. Xxxxxxx,
deceased, and the heirs, ancestors, lineal descendants, stepchildren, legatees and legal
representatives of Xxxxx X. Xxxxxxx or his Estate, and the trustees from time to time of any bona
fide trusts of which Xxxxx X. Xxxxxxx or one or more of the foregoing are the sole beneficiaries or
grantors thereof, including but not limited to The Xxxxx X. Xxxxxxx Foundation, Xxx X. Xxxxxxx and
his estate, spouse, heirs, ancestors, lineal descendants, stepchildren, legatees and legal
representatives, and the trustees from time to time of any bona fide trusts of which one or more of
the foregoing are the sole beneficiaries or grantors thereof and (ii) any Person controlled,
directly or indirectly, by one or more of the foregoing Persons referred to in the
-5-
immediately preceding clause (i), whether through the ownership of voting securities, by contract,
in a fiduciary capacity, through possession of a majority of the voting rights (as directors and/or
members) of a not-for-profit entity, or otherwise.
II. Miscellaneous Provisions
1. The Borrower hereby represents and warrants that (i) no Default or Event of Default exists
as of the Second Amendment Effective Date (as defined below) both before and after giving effect to
this Amendment and (ii) on the Second Amendment Effective Date, both before and after giving effect
to this Amendment, all representations and warranties (other than those representations made as of
a specified date) contained in the Credit Agreement and in the other Credit Documents are true and
correct in all material respects.
2. This Amendment shall become effective on the date (the “Second
Amendment Effective Date”) when the Required Lenders and the Borrower shall have signed a
counterpart hereof (whether the same or different counterparts) and shall have delivered (including
by way of facsimile transmission) the same to the Administrative Agent at White & Case LLP, 0000
Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxx Xxxx (facsimile number 212-354-8113).
3. The Borrower hereby covenants and agrees, so long as the Second
Amendment Effective Date occurs, to pay to each Lender which has executed and delivered to the
Administrative Agent (or its designee) a counterpart hereof by 12:00 Noon (New York time) on August
17, 2007 a non-refundable cash amendment fee equal to 0.125% of its outstanding Initial Term Loans
and/or Revolving Loan Commitments, as the case may be, which fee shall not be subject to
counterclaim or set-off, or be otherwise affected by, any claim or dispute relating to any other
matter and shall be paid by the Borrower to the Administrative Agent for distribution to such
Lenders on the Second Amendment Effective Date.
4. This Amendment is limited as specified and shall not constitute a modification, acceptance
or waiver of any other provision of the Credit Agreement or any other Credit Document.
5. This Amendment may be executed in any number of counterparts and by the different parties
hereto on separate counterparts, each of which counterparts when executed and delivered shall be an
original, but all of which shall together constitute one and the same instrument. A complete set
of counterparts shall be lodged with the Borrower and the Administrative Agent.
6. THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF NEW YORK.
* * *
-6-
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute
and deliver this Amendment as of the date first above written.
AMERISTAR CASINOS, INC. |
||||
By: | /s/ Xxxxx X. Xxxxx | |||
Name: | Xxxxx X. Xxxxx | |||
Title: | Senior Vice President and General Counsel |
|||
AMERISTAR CASINO VICKSBURG, INC., AMERISTAR CASINO COUNCIL BLUFFS, INC., CACTUS PETE’S, INC., A.C. FOOD SERVICES, INC., AMERISTAR CASINO ST. LOUIS, INC., AMERISTAR CASINO KANSAS CITY, INC., AMERISTAR CASINO ST. XXXXXXX, INC., AMERISTAR CASINO LAS VEGAS, INC., RICHMOND STREET DEVELOPMENT, INC., AMERISTAR CASINO BLACK HAWK, INC., AMERISTAR EAST CHICAGO HOLDINGS, LLC |
||||
By: | /s/ Xxxxx X. Xxxxx | |||
Title: Vice President | ||||
DEUTSCHE BANK TRUST COMPANY AMERICAS, Individually and as Administrative Agent |
||||
By: | /s/ Xxxxxx Xxxxxxxx | |||
Title: Vice President | ||||
By: | /s/ Xxxxx XxXxxxx | |||
Title: Director | ||||
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute
and deliver this Amendment as of the date first above written.
AMERISTAR CASINOS, INC. |
||||
By: | ||||
Name: | ||||
Title: | ||||
AMERISTAR CASINO VICKSBURG, INC., AMERISTAR CASINO COUNCIL BLUFFS, INC., CACTUS PETE’S, INC., A.C. FOOD SERVICES, INC., AMERISTAR CASINO ST. LOUIS, INC., AMERISTAR CASINO KANSAS CITY, INC., AMERISTAR CASINO ST. XXXXXXX, INC., AMERISTAR CASINO LAS VEGAS, INC., RICHMOND STREET DEVELOPMENT, INC., AMERISTAR CASINO BLACK HAWK, INC., AMERISTAR EAST CHICAGO HOLDINGS, LLC |
||||
By: | ||||
Name: | ||||
Title: | ||||
DEUTSCHE BANK TRUST COMPANY AMERICAS, Individually and as Administrative Agent |
||||
By: | /s/ X.X Xxxxxxx Xxx | |||
Title: Managing Director | ||||
By: | /s/ Alexander X.X. Xxxxxxx | |||
Title: Managing Director | ||||
SIGNATURE PAGE TO THE SECOND AMENDMENT TO CREDIT AGREEMENT DATED AS OF AUGUST 31, 2007, AMONG AMERISTAR CASINOS, INC., THE LENDERS PARTY HERETO FROM TIME TO TIME, AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT NAME OF INSTITUTION: AMMC CLO IV, LIMITED |
||||
By: | American Money Management Corp., | |||
as Collateral Manager | ||||
By: | /s/ Xxxxxxx X. Eng | |||
Title: Senior Vice President | ||||
NAME OF INSTITUTION: AMMC CLO V, LIMITED |
||||
By: | American Money Management Corp., | |||
as Collateral Manager | ||||
By: | /s/ Xxxxxxx X. Eng | |||
Title: Senior Vice President | ||||
NAME OF INSTITUTION: AMMC CLO VI, LIMITED |
||||
By: | American Money Management Corp., | |||
as Collateral Manager | ||||
By: | /s/ Xxxxxxx X. Eng | |||
Title: Senior Vice President | ||||
NAME OF INSTITUTION: Maplewood (Cayman) Limited |
||||
By: | Babson Capital Management LLC as | |||
Investment Manager | ||||
By: | /s/ Art Xx Xxxxx | |||
Title: Director | ||||
NAME OF INSTITUTION:
Babson CLO Ltd. 2005-II |
||||
By: | Babson Capital Management LLC as | |||
Collateral Manager | ||||
By: | /s/ Art Xx Xxxxx | |||
Title: Director | ||||
NAME OF INSTITUTION: Massachusetts Mutual Life Insurance Company |
||||
By: | Babson Capital Management LLC as | |||
Investment Adviser | ||||
By: | /s/ Art Mc Xx Xxxxx | |||
Title: Director | ||||
NAME OF INSTITUTION: OSP Funding LLC |
||||
By: | /s/ M. Xxxxxxxx Xxxxxxx | |||
Title: Assistant Vice President | ||||
NAME OF INSTITUTION: Bank of Hawaii |
||||
By: | /s/ Xxxxxx X. Xxxxxxxx | |||
Title: Vice President | ||||
NAME OF INSTITUTION: Bank of Scotland |
||||
By: | /s/ Xxxxxx Xxxxxx | |||
Title: First Vice President | ||||
NAME OF INSTITUTION: | ||||||
BNP Paribas | ||||||
By: | /s/ Xxxx Xxxxxx | |||||
Title: Director | ||||||
By: | /s/ Xxxxxxx X. Xxx | |||||
Title: Vice President | ||||||
NAME OF INSTITUTION: | ||||||
Calyon New York Branch | ||||||
By: | /s/ Xxxxxx X. Xxxxx | |||||
Title: Managing Director | ||||||
By: | /s/ Xxxx Xxxxxx | |||||
Title: Managing Director | ||||||
NAME OF INSTITUTION: | ||||||
Capital One, N.A. | ||||||
By: | /s/ Xxxxx Xxxxxx | |||||
Title: Senior Vice President | ||||||
NAME OF INSTITUTION: | ||||||
LMP Corporate Loan Fund, Inc. | ||||||
By: Citigroup Alternative Investments LLC: | ||||||
By: | /s/ Xxxxxxx Xxxxxx | |||||
Title: Director | ||||||
NAME OF INSTITUTION: | ||||||
The Bank of New York
(successor to X.X. Xxxxxx Trust Company (Cayman) Limited, as Trustee for TORAJI TRUST, as [Assignee/Participant] |
||||||
By: Its Investment Manager, Citigroup Alternative Investments LLC |
||||||
By: | /s/ Xxxxxxx Xxxxxx | |||||
Title: Director |
NAME OF INSTITUTION: | ||||||
Comerica West Incorporated | ||||||
By: | /s/ Xxxxx X. Xxxxxx | |||||
Title: Corporate Banking Officer | ||||||
NAME OF INSTITUTION: | ||||||
DZ Bank AG | ||||||
Deutsche Zentral- Genossenschaftsbank | ||||||
New York Branch | ||||||
By: | /s/ Xxxx Xxxxxxxxxxx | |||||
Title: Vice President | ||||||
By: | /s/ Xxxx Xxxxxxxx | |||||
Title: SVP | ||||||
NAME OF INSTITUTION: | ||||||
Senior Debt Portfolio | ||||||
By: Boston Management and Research as Investment Advisor | ||||||
By: | /s/ Xxxxx X. Page | |||||
Title: Vice President | ||||||
NAME OF INSTITUTION: | ||||||
Xxxxx Xxxxx Senior Income Trust | ||||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||||
By: | /s/ Xxxxx X. Page | |||||
Title: Vice President | ||||||
NAME OF INSTITUTION: | ||||||
Xxxxx Xxxxx Institutional Senior Loan Fund | ||||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||||
By: | /s/ Xxxxx X. Page | |||||
Title: Vice President |
NAME OF INSTITUTION: | ||||||
Xxxxx Xxxxx CDO VIII, Ltd. | ||||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||||
By: | /s/ Xxxxx X. Page | |||||
Title: Vice President | ||||||
NAME OF INSTITUTION: | ||||||
Xxxxx Xxxxx CDO IX Ltd. | ||||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||||
By: | /s/ Xxxxx X. Page | |||||
Title: Vice President | ||||||
NAME OF INSTITUTION: | ||||||
Xxxxxxx & Co. | ||||||
By: Boston Management and Research as Investment Advisor | ||||||
By: | /s/ Xxxxx X. Page | |||||
Title: Vice President | ||||||
NAME OF INSTITUTION: | ||||||
THE NORINCHUKIN
BANK, NEW YORK BRANCH — State Street Bank and Trust Company N.A. as Fiduciary Custodian |
||||||
By: Xxxxx Xxxxx Management, Attorney-in-Fact | ||||||
By: | /s/ Xxxxx X. Page | |||||
Title: Vice President | ||||||
NAME OF INSTITUTION: | ||||||
Big Sky III Senior Loan Trust | ||||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||||
By: | /s/ Xxxxx X. Page | |||||
Title: Vice President |
NAME OF INSTITUTION: | ||||||
Xxxxx Xxxxx | ||||||
VT Floating- Rate Income Fund | ||||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||||
By: | /s/ Xxxxx X. Page | |||||
Title: Vice President | ||||||
NAME OF INSTITUTION: | ||||||
Xxxxx Xxxxx Senior | ||||||
Floating- Rate Trust | ||||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||||
By: | /s/ Xxxxx X. Page | |||||
Title: Vice President | ||||||
NAME OF INSTITUTION: | ||||||
Xxxxx Xxxxx Floating- Rate Income Trust | ||||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||||
By: | /s/ Xxxxx X. Page | |||||
Title: Vice President | ||||||
NAME OF INSTITUTION: | ||||||
Xxxxx Xxxxx Variable Leverage Fund Ltd. | ||||||
By: Xxxxx Xxxxx Management as Investment Advisor | ||||||
By: | /s/ Xxxxx X. Page | |||||
Title: Vice President | ||||||
Note: Emigrant Realty Finance | NAME OF INSTITUTION: | |||||
will not execute an Incremental |
||||||
Commitment. | Emigrant Realty Finance | |||||
By: | /s/ Xxxxx Xxxxxx | |||||
Title: Vice President | ||||||
Emigrant Realty Finance |
NAME OF INSTITUTION: | ||||||
Erste Bank Der Oesterreichischen | ||||||
Sparkassen AG | ||||||
By: | /s/ Xxxxxxx X. Xxxxxxxx | |||||
Title: Director | ||||||
By: | /s/ Xxxx Xxxxxxx | |||||
Title: Executive Director | ||||||
NAME OF INSTITUTION: | ||||||
First Bank | ||||||
By: | /s/ Xxxxxx X. Xxxxxx | |||||
Title: Assistant Vice President | ||||||
NAME OF INSTITUTION: | ||||||
Franklin Floating Rate Master Series | ||||||
By: | /s/ Xxxxxxx Xxx | |||||
Title: Vice President | ||||||
NAME OF INSTITUTION: | ||||||
Franklin Floating Rate Daily Access Fund | ||||||
By: | /s/ Xxxxxxx Xxx | |||||
Title: Vice President | ||||||
NAME OF INSTITUTION: | ||||||
Franklin CLO V, LTD | ||||||
By: | /s/ Xxxxx Xxxxxx | |||||
Title: Vice President |
NAME OF INSTITUTION: | ||||
General Electric Capital Corporation | ||||
By: | /s/ Xxxxxxx X. Xxxx | |||
Title: | Duly Authorized Signatory | |||
NAME OF INSTITUTION: | ||||
Liberty CLO, Ltd. | ||||
By: Highland Capital Management, L.P. | ||||
As Collateral Manager | ||||
By: Strand Advisors, Inc., its General Partner | ||||
By: | /s/ Xxxxxxx XxXxxxxx | |||
Title: | Treasurer | |||
Strand Advisors, Inc., General Partner of Highland Capital Management, L.P. | ||||
NAME OF INSTITUTION: | ||||
Rockwall CDO LTD. | ||||
By: Highland Capital Management, L.P. | ||||
As Collateral Manager | ||||
By: Strand Advisors, Inc., its General Partner | ||||
By: | /s/ Xxxxxxx XxXxxxxx | |||
Title: | Treasurer | |||
Strand Advisors, Inc., General Partner of Highland Capital Management, L.P. | ||||
NAME OF INSTITUTION: | ||||
Brentwood CLO, Ltd. | ||||
By: Highland Capital Management, L.P. | ||||
As Collateral Manager | ||||
By: Strand Advisors, Inc., its General Partner | ||||
By: | /s/ Xxxxxxx XxXxxxxx | |||
Title: | Treasurer | |||
Strand Advisors, Inc., General Partner of Highland Capital Management, L.P. |
NAME OF INSTITUTION: | ||||
Loan Star State Trust | ||||
By: Highland Capital Management, L.P. | ||||
As Collateral Manager | ||||
By: Strand Advisors, Inc., its General Partner | ||||
By: | /s/ Xxxxxxx XxXxxxxx | |||
Title: | Treasurer | |||
Strand Advisors, Inc., General Partner of Highland Capital Management, L.P. | ||||
NAME OF INSTITUTION: | ||||
HSH NORDBANK AG | ||||
New York Branch | ||||
By: | /s/ Xxxx Xxxxx | |||
Title: | Vice President | |||
By: | /s/ Xxxxx Xxxxxxxx | |||
Title: | Vice President | |||
NAME OF INSTITUTION: | ||||
IKB Capital Corp. | ||||
By: | /s/ Xxxxx X. Xxx | |||
Title: | Authorized Signatory | |||
IKB Capital Corporation | ||||
NAME OF INSTITUTION: | ||||
LCM II Limited Partnership | ||||
By: Lyon Capital Management LLC, | ||||
As Collateral Manager | ||||
By: | /s/ Farboud Tavanger | |||
Title: | Senior Portfolio Manager | |||
Lyon Capital Management LLC |
NAME OF INSTITUTION: | ||||
LCM III, Ltd. | ||||
By: Lyon Capital Management LLC, | ||||
As Collateral Manager | ||||
By: | /s/ Farboud Tavanger | |||
Title: | Senior Portfolio Manager | |||
Lyon Capital Management LLC | ||||
NAME OF INSTITUTION: | ||||
LCM V LTD. | ||||
By: Lyon Capital Management LLC, | ||||
As Collateral Manager | ||||
By: | /s/ Farboud Tavanger | |||
Title: | Senior Portfolio Manager | |||
Lyon Capital Management LLC | ||||
NAME OF INSTITUTION: | ||||
MetLife Insurance and Investment Trust | ||||
By: Metropolitan Life Insurance Company | ||||
Its Investment Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director | |||
NAME OF INSTITUTION: | ||||
Metropolitan Life Insurance Company | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director | |||
NAME OF INSTITUTION: | ||||
Metropolitan Life Insurance Company of Connecticut | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director |
NAME OF INSTITUTION: | ||||
Mizuho Corporate Bank, Ltd. | ||||
By: | /s/ Xxxxxxx Xxxxxxx | |||
Title: | Deputy General Manager | |||
NAME OF INSTITUTION: | ||||
National City Bank | ||||
By: | /s/ Xxxx Xxxxxx | |||
Title: | Vice President | |||
NAME OF INSTITUTION: | ||||
Natixis, New York
Branch (formerly known as Natexis Banques Populaires) |
||||
By: | /s/ Xxxxxx Xxxxxxx | |||
Title: | Director | |||
By: | /s/ Xxxx X. Xxxxxxxxxx | |||
Title: | Senior Managing Director | |||
NAME OF INSTITUTION: | ||||
People’s United Bank (formerly known as PEOPLE’S BANK) | ||||
By: | /s/ Xxxxxxx X. XxXxxx | |||
Title: | Vice President | |||
NAME OF INSTITUTION: | ||||
By: PPM America, Inc., as Attorney-in-fact, on behalf of Xxxxxxx National Life Insurance Company | ||||
By: | /s/ Xxxxx X. Xxxxxx | |||
Title: | Managing Director |
NAME OF INSTITUTION: | ||||
The Prudential Insurance Company of America | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Title: | VP | |||
Prudential Investment Management Inc., as Investment Advisor. | ||||
NAME OF INSTITUTION: | ||||
Institutional Bank
Loan Fixed Income Fund of the Prudential Trust Company Collective Employee Benefit Trust |
||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Title: | VP | |||
Prudential Investment Management Inc., as Investment Advisor. | ||||
NAME OF INSTITUTION: | ||||
The Prudential Insurance Company of America | ||||
By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Title: | VP | |||
Prudential Investment Management Inc., as Investment Advisor. | ||||
NAME OF INSTITUTION: | ||||
RiverSource Life Insurance Company | ||||
By: RiverSource Investments, LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxx | |||
Title: | Managing Director |
NAME OF INSTITUTION: | ||||
Ameriprise Certificate Company | ||||
By: RiverSource Investments, LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxx | |||
Title: | Managing Director | |||
NAME OF INSTITUTION: | ||||
Centurion CDO II, Ltd. | ||||
By: RiverSource Investments, LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director of Operations | |||
NAME OF INSTITUTION: | ||||
Centurion CDO III, Limited | ||||
By: RiverSource Investments, LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director of Operations | |||
NAME OF INSTITUTION: | ||||
Centurion CDO VI, Ltd. | ||||
By: RiverSource Investments, LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director of Operations | |||
NAME OF INSTITUTION: | ||||
Centurion CDO VII, Ltd. | ||||
By: RiverSource Investments, LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director of Operations |
SIGNATURE PAGE TO THE SECOND AMENDMENT TO CREDIT AGREEMENT DATED AS OF AUGUST 31, 2007, AMONG AMERISTAR CASINOS, INC., the Lenders party hereto from time to time, AND DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent |
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NAME OF INSTITUTION: | ||||
Centurion CDO 8, Limited | ||||
By: RiverSource Investments, LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director of Operations | |||
NAME OF INSTITUTION: | ||||
Centurion CDO 9, Ltd. | ||||
By: RiverSource Investments, LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director of Operations | |||
NAME OF INSTITUTION: | ||||
Centurion CDO 10, Ltd. | ||||
By: RiverSource Investments, LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director of Operations | |||
NAME OF INSTITUTION: | ||||
Cent CDO XI, Limited | ||||
By: RiverSource Investments, LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director of Operations |
NAME OF INSTITUTION: | ||||
Cent CDO 15 Limited | ||||
By: RiverSource Investments, LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director of Operations | |||
NAME OF INSTITUTION: | ||||
Sequils- Centurion V, Ltd | ||||
By: RiverSource Investments, LLC as Collateral Manager | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Title: | Director of Operations | |||
NAME OF INSTITUTION: | ||||
Rowayton Loan Funding Company | ||||
By: | /s/ Xxxxx X. Xxxxx | |||
Title: | Managing Principal | |||
NAME OF INSTITUTION: | ||||
Societe Generale | ||||
By: | /s/ Xxxxxxxx Xxxxxx | |||
Title: | Director | |||
NAME OF INSTITUTION: | ||||
Xxxxxxxxx Arbitrage CDO, Ltd. | ||||
By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager | ||||
By: | /s/ Xxxxx Xxxx | |||
Title: | Managing Director |
NAME OF INSTITUTION: | ||||
Xxxxxxxxx Veyron, Ltd. | ||||
By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager | ||||
By: | /s/ Xxxxx Xxxx | |||
Title: | Managing Director | |||
NAME OF INSTITUTION: | ||||
EAGLE LOAN TRUST | ||||
By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager | ||||
By: | /s/ Xxxxx Xxxx | |||
Title: | Managing Director | |||
NAME OF INSTITUTION: | ||||
Xxxxxxxxx AZURE CLO, Ltd. | ||||
By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager | ||||
By: | /s/ Xxxxx Xxxx | |||
Title: | Managing Director | |||
NAME OF INSTITUTION: | ||||
Xxxxxxxxx Bristol CLO, Ltd. | ||||
By: Xxxxxxxxx Capital Partners LLC as its Collateral Manager | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | Managing Director |
NAME OF INSTITUTION: | ||||
Toronto Dominion (New York), LLC | ||||
By: | /s/ Xxxxxx Xxxxxx | |||
Title: | Authorized Signatory | |||
NAME OF INSTITUTION: | ||||
Union Bank of Californa, N.A. | ||||
By: | /s/ Xxxxxxxx X. Xxx | |||
Title: | Vice President | |||
NAME OF INSTITUTION: | ||||
United Overseas Bank Limited, New York Agency | ||||
By: | /s/ Xxxxxx Xxx | |||
Title: | SVP & GM | |||
By: | /s/ Xxxxx Xxxxx | |||
Title: | AVP | |||
NAME OF INSTITUTION: | ||||
Wachovia Bank, National Association | ||||
By: | /s/ G. Xxx Xxxxxx, Xx. | |||
Title: | Vice President |