Contract
Exhibit 10.9
AMENDMENT AGREEMENT NO. 1 dated as of January 28, 2009 (this “Amendment”), with respect to the
Credit Agreement dated as of October 31, 2007 (the “Credit Agreement”), among TELESAT HOLDINGS
INC., a Canada corporation, TELESAT INTERCO INC., a Canada corporation, 4363230 CANADA INC., a
Canada corporation, TELESAT LLC, a Delaware limited liability company (the “U.S. Borrower”), the
Guarantors, the Lenders, XXXXXX XXXXXXX SENIOR FUNDING, INC., as administrative agent (in such
capacity, the “Administrative Agent”), XXXXXX XXXXXXX & CO. INCORPORATED, as collateral agent (in
such capacity, the “Collateral Agent”), UBS SECURITIES LLC, as syndication agent, XXXXXX XXXXXXX
SENIOR FUNDING, NOVA SCOTIA, as swingline lender, THE BANK OF NOVA SCOTIA, as issuing bank, and
XXXXXX XXXXXXX & CO. INCORPORATED, UBS SECURITIES LLC and X.X. XXXXXX SECURITIES INC., as joint
lead arrangers and joint book running managers, and JPMORGAN CHASE BANK, N.A., THE BANK OF NOVA
SCOTIA and CITIBANK, N.A., CANADIAN BRANCH, as co-documentation agents (as to which Telesat Canada
(the “Canadian Borrower” and, together with the U.S. Borrower, the “Borrowers” and each a
“Borrower”) became bound as a borrower).
A. The Borrowers have requested that the Administrative Agent and Required Lenders amend
certain provisions of the Credit Agreement as set forth herein.
B. The Administrative Agent and Required Lenders are willing so to agree pursuant to the terms
and subject to the conditions set forth herein.
C. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to
them in the Credit Agreement.
In consideration of the premises and the agreements, provisions and covenants contained
herein, the parties hereto hereby agree, on the terms and subject to the conditions set forth
herein, as follows:
SECTION 1. Amendments to the Credit Agreement.
(a) Subject to the satisfaction of the conditions set forth in Section 2 below, the Credit
Agreement is hereby amended in the following respects:
(i) | Section (u) of the definition of Permitted Liens is amended and restated in its entirety as follows: | ||
“(u) restrictions in condosat agreements or the APSTAR-IIR Transponder Lease Agreement, dated as of January 18, 1996 by and between APT Satellite Co., Ltd. (whose rights subsequently have been assigned to Telesat Canada), and HBO Pacific Partners, C.V. (which subsequently converted into HBO Pacific Partners, v.o.f.) (as any such agreement may from time to time be modified, supplemented, amended, renewed or replaced, the “Subject Agreements”) relating to transponders that restrict sales, dispositions, leases or security interests on satellites to any third party purchaser, lessee or secured party unless such purchaser or lessee of such satellite agrees to (or, in the case of a security interest in such satellite, the secured party agrees pursuant to a non-disturbance agreement that in connection with the enforcement of any such security interest or the realization upon any such security interest, such secured party agrees that, prior to or concurrently with the transfer becoming effective, the person to whom the satellite bus shall be transferred shall agree that such transferee shall) be subject to the terms of the applicable Subject Agreement so long as such Subject |
Agreement is (in the case of any such restriction on a security interest) otherwise reasonably satisfactory to the Administrative Agent in its sole discretion (who may in its sole discretion condition its consent to the terms of such agreement (a) not providing for any liability on the part of the secured party or lenders prior to such secured party taking possession or control of the Satellite and (b) being of no force and effect upon release of such security interest) and provided that, with respect to any Subject Agreement entered into after the Closing Date, the applicable Loan Parties shall have used their commercially reasonable efforts in negotiating such Subject Agreement so that such Subject Agreement does not contain such restrictions; and” |
SECTION 2. Conditions Precedent. The effectiveness of this Amendment is subject to
the conditions that:
(a) Administrative Agent shall have received signature pages for this Amendment from
the Borrowers and the Required Lenders; and
(b) the Borrowers shall have paid all amounts owed pursuant to Section 7 hereof.
SECTION 3. Representations and Warranties. Each Borrower represents and warrants to
the Administrative Agent and each of the Lenders that:
(a) This Amendment is within such Borrower’s organizational powers and has been duly
authorized by all necessary organizational action on the part of such Borrower. This
Amendment has been duly executed and delivered by such Borrower and constitutes, a legal,
valid and binding obligation of such Borrower, enforceable against such Borrower in
accordance with its terms, subject to (1) the effects of bankruptcy, insolvency, moratorium,
reorganization, fraudulent conveyance or other similar laws affecting creditors’ rights
generally, (ii) general principles of equity (regardless of whether such enforceability is
considered in a proceeding in equity or at law) and (iii) implied covenants of good faith
and fair dealing.
(b) After giving effect to this Amendment, the representations and warranties set forth
in Article III of the Credit Agreement or in any Loan Document are true and correct in all
material respects, except to the extent such representations and warranties expressly relate
to an earlier date (in which case such representations and warranties shall be true and
correct in all material respects as of such earlier date).
(c) After giving effect to this Amendment, no Event of Default or Default shall have
occurred and be continuing.
(d) The execution, delivery and performance by the Borrowers of this Amendment will not
(i) violate (A) any provision of law, statute, rule or regulation, or of the certificate or
articles of incorporation, memorandum of association or other constitutive documents or
by-laws or articles of association of any Loan Party, (B) any applicable order of any court
or any rule, regulation or order of any Governmental Authority or (C) any provision of any
indenture, certificate of designation for preferred stock, agreement or other instrument to
which any Loan Party is a party or by which any of them or any of their property is or may
be bound, (ii) be in conflict with, result in a breach of or constitute (alone or with
notice or lapse of time or both) a default under, give rise to a right of or result in any
cancellation or acceleration of any right or obligation (including any payment) or to a loss
of a material benefit under any such indenture, certificate of designation for preferred
stock, agreement or other instrument, where any such conflict, violation,
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breach or default referred to in clause (i) or (ii) of this clause (d), could
reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.
SECTION 4. Credit Agreement. Except as specifically provided hereby, the Credit
Agreement shall continue in full force and effect in accordance with the provisions thereof as in
existence on the date hereof. After the date hereof, any reference to the Credit Agreement in any
Loan Document shall mean the Credit Agreement as modified hereby. This Amendment shall be a Loan
Document for all purposes.
SECTION 5. Applicable Law. This Amendment shall be construed in accordance with and
governed by the laws of the State of New York.
SECTION 6. Counterparts. This Amendment may be executed in two or more counterparts,
each of which shall constitute an original but all of which when taken together shall constitute
one contract. Delivery of an executed signature page of this Amendment by facsimile or “pdf file”
transmission shall be effective as delivery of a manually executed counterpart hereof.
SECTION 7. Expenses. The Borrowers agree to reimburse the Administrative Agent for
its reasonable out-of-pocket expenses incurred by it in connection with this Amendment, including
the reasonable fees, charges and disbursements of Xxxxxx Xxxxxx & Xxxxxxx llp, counsel for
the Administrative Agent.
SECTION 8. Headings. The Section headings used herein are for convenience of
reference only, are not part of this Amendment and are not to affect the construction of, or to be
taken into consideration in interpreting, this Amendment.
[Signature pages to follow]
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed by their respective authorized officers as of the day and year first written
above.
TELESAT CANADA |
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By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Chief Financial Officer | |||
TELESAT LLC |
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By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Chief Financial Officer | |||
XXXXXX XXXXXXX SENIOR FUNDING, INC., a Administrative Agent |
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By: | /s/ Xxxxxxx X. Xxxx | |||
Name: | Xxxxxxx X. Xxxx | |||
Title: | Vice President Xxxxxx Xxxxxxx Senior Funding, Inc. |
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ABRY Advanced Securities Fund, LP, as a Lender |
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By: | /s/ Xxxxxxx X. Xxxxxxx | |||
Name: | Xxxxxxx X. Xxxxxxx | |||
Title: | Senior Vice President | |||
American International Group, Inc
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By | /s/ Xxxxx X. Xxxxx
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By: AIG Global Investment Corp.,
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Name: | Xxxxx X. Xxxxx | ||||
Its Investment Advisor
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Title: | Vice President | ||||
AIG Bank Loan Fund Ltd.
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By | /s/ Xxxxx X. Xxxxx
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By: AIG Global Investment Corp.
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Name: | Xxxxx X. Xxxxx | ||||
Its Investment Manager
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Title: | Vice President | ||||
Saturn CLO, Ltd.
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By | /s/ Xxxxx X. Xxxxx
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By: AIG Global Investment Corp.,
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Name: | Xxxxx X. Xxxxx | ||||
its Collateral Manager
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Title: | Vice President | ||||
Galaxy CLO 2003-1, Ltd.
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By | /s/ Xxxxx X. Xxxxx
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By : AIG Global Investment Corp.,
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Name: | Xxxxx X. Xxxxx | ||||
its Collateral Manager
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Title: | Vice President | ||||
Galaxy III CLO, Ltd.
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By | /s/ Xxxxx X. Xxxxx
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By: AIG Global Investment Corp.,
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Name: | Xxxxx X. Xxxxx | ||||
its Collateral Manager
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Title: | Vice President | ||||
Galaxy IV CLO, LTD
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By | /s/ Xxxxx X. Xxxxx
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By: AIG Global Investment Corp.
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Name: | Xxxxx X. Xxxxx | ||||
its Collateral Manager
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Title: | Vice President | ||||
Galaxy V CLO, LTD
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By | /s/ Xxxxx X. Xxxxx
|
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By: AIG Global Investment Corp.
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Name: | Xxxxx X. Xxxxx | ||||
its Collateral Manager
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Title: | Vice President | ||||
Galaxy VI CLO, LTD
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By | /s/ Xxxxx X. Xxxxx
|
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By: AIG Global Investment Corp.
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Name: | Xxxxx X. Xxxxx | ||||
its Collateral Manager
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Title: | Vice President | ||||
Galaxy VII CLO, LTD
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By | /s/ Xxxxx X. Xxxxx
|
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By: AIG Global Investment Corp.
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Name: | Xxxxx X. Xxxxx | ||||
it’s Collateral Manager
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Title: | Vice President |
Galaxy VIII CLO, LTD
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By | /s/ Xxxxx X. Xxxxx
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By: AIG Global Investment Corp.
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Name: | Xxxxx X. Xxxxx | ||||
as Collateral Manager
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Title: | Vice President | ||||
Galaxy X CLO, LTD
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By | /s/ Xxxxx X. Xxxxx
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By: AIG Global Investment Corp.
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Name: | Xxxxx X. Xxxxx | ||||
It’s Collateral Manager
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Title: | Vice President | ||||
STICHTING PENSIOENFONDS MEDISCH SPECIALISTEN
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By: | /s/ Xxxxx X. Xxxxx
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BY: AIG Global Investment Corp.
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Name: | Xxxxx X. Xxxxx | ||||
Its Investment Manager
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Title: | Vice President | ||||
STICHTING PENSIOENFONDS VOOR HUISARTSEN
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By: | /s/ Xxxxx X. Xxxxx
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BY: AIG Global Investment Corp.
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Name: | Xxxxx X. Xxxxx | ||||
Its Investment Manager
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Title: | Vice President |
GREYROCK CDO Limited By: Aladdin Capital Management, as a Lender |
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By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Designated Signatory | |||
LANDMARK IX CDO Limited By: Aladdin Capital Management, as a Lender |
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By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Designated Signatory | |||
LANDMARK VI CDO Limited By: Aladdin Capital Management, as a Lender |
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By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Designated Signatory | |||
LANDMARK III CDO Limited By: Aladdin Capital Management, as a Lender |
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By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Designated Signatory | |||
LANDMARK IV CDO Limited By: Aladdin Capital Management, as a Lender |
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By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Designated Signatory | |||
LANDMARK VII CDO Limited By: Aladdin Capital Management, as a Lender |
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By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Designated Signatory | |||
LANDMARK VIII CLO Limited By: Aladdin Capital Management, as a Lender |
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By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Designated Signatory | |||
LANDMARK V CDO Limited By: Aladdin Capital Management, as a Lender |
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By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Designated Signatory | |||
ACM Income Fund Inc., as a Lender |
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By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
AllianceBernstein Institutional Investments — Diversified Yield Plus Portfolio., as a Lender |
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By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
Indiana State Teachers’ Retirement Fund, as a Lender |
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By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
Oregon State Treasury, as a Lender |
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By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
Xxxxxxx X. Xxxxxxxxx Funds, Inc. — Intermediate Duration Portfolio, as a Lender |
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By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
Xxxxxxx X. Xxxxxxxxx Funds, Inc. II — Intermediate Duration Institutional Portfolio, as a Lender |
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By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
AllianceBernstein Global Bond Fund, as a Lender |
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By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
AllianceBernstein Bond Fund — Intermediate Bond Portfolio, as a Lender |
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By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
AllianceBernstein Institutional Investments — Senior Loan Portfolio, as a Lender |
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By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: Vice President | ||||
Allied Irish Banks, p.l.c, as a Lender |
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By: | /s/ Xxxxxxx X’Xxxxxx | |||
Name: | Xxxxxxx X’Xxxxxx | |||
Title: | SVP | |||
/s/ Xxxx Xxxxxxx | ||||
Name: | Xxxx Xxxxxxx | |||
Title: | AVP | |||
ARES ENHANCED CREDIT OPPORTUNITIES FUND LTD. | ||
By: Ares Enhanced Credit Opportunities Fund Management, L.P., | ||
as a Lender |
By: | /s/ Xxxx Xxxxxxx | |||||
Name: | Xxxx Xxxxxxx | |||||
Title: | Vice President |
ARES ENHANCED LOAN INVESTMENT STRATEGY HI, LTD. | ||
By: ARES ENHANCED LOAN MANAGEMENT III, L.P. | ||
By: ARES ENHANCED LOAN III GP, LLC, ITS GENERAL PARTNER | ||
By: ARES MANAGEMENT LLC, ITS MANAGER | ||
as a Lender |
By: | /s/ Xxxx Xxxxxxx | |||||
Name: | Xxxx Xxxxxxx | |||||
Title: | Vice President |
ARES ENHANCED LOAN INVESTMENT STRATEGY IR LTD. |
By: | ARES ENHANCED LOAN MANAGEMENT IR, L.P., as Portfolio Manager | |||||||
By: | Ares Enhanced Loan IR GP, LLC, as its General Partner | |||||||
By: | Ares Management LLC, as its Manager | |||||||
as a Lender |
By: | /s/ Xxxx Xxxxxxx | |||||
Name: Xxxx Xxxxxxx | ||||||
Title: Vice President |
ARES ENHANCED LOAN INVESTMENT STRATEGY IR-B LTD. |
By: | ARES ENHANCED LOAN MANAGEMENT IR-B, L.P., as Portfolio Manager | |||||||
By: | Ares Enhanced Loan IR-B GP, LLC, as its General Partner | |||||||
By: | Ares Management LLC, as its Manager | |||||||
as a Lender |
By: | /s/ Xxxx Xxxxxxx | |||||
Name: Xxxx Xxxxxxx | ||||||
Title: Vice President |
FUTURE FUND BOARD OF GUARDIANS
By: | Ares Enhanced Loan Investment Strategy Advisor IV, L.P., its investment manager |
By: | Ares Enhanced Loan Investment Strategy Advisor IV GP, LLC, its general partner |
By: | Ares Management LLC, its managing member |
as a Lender
By:
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/s/ Xxxx Xxxxxxx | |||
Name:
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Xxxx Xxxxxxx | |||
Title:
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Vice President |
ARES XICLO Ltd. | ||
By: ARES CLO MANAGEMENT XI, L.P. By: ARES CLO GP XI, LLC, ITS GENERAL PARTNER By: ARES MANAGEMENT LLC, ITS MANAGER |
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as a Lender |
By: | /s/ Xxxx Xxxxxxx | |||||
Name: | Xxxx Xxxxxxx | |||||
Title: | Vice President |
ARES XII CLO LTD. | ||
By: ARES CLO MANAGEMENT XII, L.P. | ||
By: ARES CLO GP XII, LLC, ITS GENERAL PARTNER |
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By: ARES MANAGEMENT LLC, ITS MANAGER | ||
as a Lender |
By: | /s/ Xxxx Xxxxxxx | |||||
Name: | Xxxx Xxxxxxx | |||||
Title: | Vice President |
ARES IIIR/IVR CLO LTD. | ||
By: ARES CLO MANAGEMENT IIIR/IVR, L.P. | ||
By: ARES CLO GP IIIR/IVR, LLC, ITS GENERAL PARTNER | ||
By: ARES MANAGEMENT LLC, ITS MANAGER | ||
as a Lender |
By: | /s/ Xxxx Xxxxxxx | |||||
Name: | Xxxx Xxxxxxx | |||||
Title: | Vice President |
Global Loan Opportunity Fund B.V. | ||
By: Ares Management Limited, its Portfolio Manager | ||
as a Lender |
By: | /s/ Xxxx Xxxxxxx | |||||
Name: Xxxx Xxxxxxx | ||||||
Title: Vice President |
THE BANK OF NOVA SCOTIA, as a Lender |
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By: | /s/ Xxxx Xxxxxx | |||
Name: | Xxxx Xxxxxx | |||
Title: | Managing Director | |||
Barclays Bank, PLC, as a Lender |
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By: | /s/ Xxxxxx Xxxxxx | |||
Name: | Xxxxxx Xxxxxx | |||
Title: | ||||
Battalion CLO 2007-I, as a Lender |
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By: | /s/ Xxxxxx Xxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxx | |||
Title: | Associate |
By: Callidus Debt Partners CLO Fund II, Ltd.
By: Its Collateral Manager,
Callidus Capital Management, LLC, as a Lender
By: Its Collateral Manager,
Callidus Capital Management, LLC, as a Lender
By: | /s/ Xxx Xxxxxxxx | |||
Name: | Xxx Xxxxxxxx | |||
Title: | Principal | |||
By:
Callidus Debt Partners CLO Fund III Ltd.
By: Its Collateral Manager,
Callidus Capital Management, LLC, as a Lender
By: Its Collateral Manager,
Callidus Capital Management, LLC, as a Lender
By: | /s/ Xxx Xxxxxxxx | |||
Name: | Xxx Xxxxxxxx | |||
Title: | Principal | |||
By: Callidus Debt Partners CLO Fund IV Ltd.
By: Its Collateral Manager,
Callidus Capital Management, LLC, as a Lender
By: Its Collateral Manager,
Callidus Capital Management, LLC, as a Lender
By: | /s/ Xxx Xxxxxxxx | |||
Name: | Xxx Xxxxxxxx | |||
Title: | Principal | |||
By: Callidus Debt Partners CLO Fund V, Ltd.
By: Its Collateral Manager
Callidus Capital Management, LLC, as a Lender
By: Its Collateral Manager
Callidus Capital Management, LLC, as a Lender
By: | /s/ Xxx Xxxxxxxx | |||
Name: | Xxx Xxxxxxxx | |||
Title: | Principal | |||
By: Callidus Debt Partners CLO Fund VI, Ltd.
By: Its Collateral Manager
Callidus Capital Management, LLC, as a Lender
By: Its Collateral Manager
Callidus Capital Management, LLC, as a Lender
By: | /s/ Xxx Xxxxxxxx | |||
Name: | Xxx Xxxxxxxx | |||
Title: | Principal | |||
By: Callidus Debt Partners CLO Fund VII, Ltd
By: Its collateral Manager
Callidus Capital Management, LLC, as a Lender
By: Its collateral Manager
Callidus Capital Management, LLC, as a Lender
By: | /s/ Xxx Xxxxxxxx | |||
Name: | Xxx Xxxxxxxx | |||
Title: | Principal | |||
By:
MAPS CLO Fund I, LLC
By: Its Collateral Manager,
Callidus Capital Management, LLC, as a Lender
By: Its Collateral Manager,
Callidus Capital Management, LLC, as a Lender
By: | /s/ Xxx Xxxxxxxx | |||
Name: | Xxx Xxxxxxxx | |||
Title: | Principal | |||
By: MAPS CLO Fund II, Ltd.
By: Its Collateral Manager,
Callidus Capital Management, LLC, as a Lender
By: Its Collateral Manager,
Callidus Capital Management, LLC, as a Lender
By: | /s/ Xxx Xxxxxxxx | |||
Name: | Xxx Xxxxxxxx | |||
Title: | Principal | |||
Del Mar CLO I, Ltd.
By: Xxxxxxx-Xxxxxx Capital Management, LLC
As Collateral Manager
By: Xxxxxxx-Xxxxxx Capital Management, LLC
As Collateral Manager
By: | /s/ Xxx Xxxxx | |||
Name: | Xxx Xxxxx | |||
Title: | Managing Director | |||
LightPoint CLO V, Ltd.
LightPoint CLO VII, Ltd.
LightPoint CLO VIII, Ltd.
Airlie CLO 2006-I, Ltd., as a Lender
LightPoint CLO VII, Ltd.
LightPoint CLO VIII, Ltd.
Airlie CLO 2006-I, Ltd., as a Lender
By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: Authorized Signatory | ||||
CITIBANK, N.A., as a Lender |
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By: | /s/ [ILLEGIBLE] | |||
Name: | [ILLEGIBLE] | |||
Title: | [ILLEGIBLE] |
Energizer I Loan Funding LLC, as a Lender |
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By: | /s/ Xxxxx [ILLEGIBLE] | |||
Name: | Xxxxx [ILLEGIBLE] | |||
Title: | Director | |||
PPM Riviera CBNA Loan Funding LLC, as a Lender |
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By: | /s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | Trust Officer | |||
Sidecar I Loan Funding LLC, as a Lender |
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By: | /s/ Xxxxx [ILLEGIBLE] | |||
Name: | Xxxxx [ILLEGIBLE] | |||
Title: | Director | |||
CREDIT SUISSE CAPITAL LLC, as a Lender |
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By: | /s/ Xxxxxxx Xxxxxxxxxx | |||
Name: | Xxxxxxx Xxxxxxxxxx | |||
Title: | Authorized Signatory | |||
Flagship CLO III
By: Deutsche Investment Management Americas, Inc.
(as successor in interest to Deutsche Asset Management, Inc.),
As Collateral Manager
By: Deutsche Investment Management Americas, Inc.
(as successor in interest to Deutsche Asset Management, Inc.),
As Collateral Manager
By: | /s/ Xxxx X. Xxxxx | |||
Xxxx X. Xxxxx, Managing Director | ||||
By: | /s/ Xxxxxxxxx Xxxxx | |||
Name: | Xxxxxxxxx Xxxxx | |||
Title: | Vice President | |||
Flagship CLO IV
By: Deutsche Investment Management Americas, Inc.
(as successor in interest to Deutsche Asset Management, Inc.),
As Collateral Manager
By: Deutsche Investment Management Americas, Inc.
(as successor in interest to Deutsche Asset Management, Inc.),
As Collateral Manager
By: | /s/ Xxxx X. Xxxxx | |||
Xxxx X. Xxxxx, Managing Director | ||||
By: | /s/ Xxxxxxxxx Xxxxx | |||
Name: | Xxxxxxxxx Xxxxx | |||
Title: | Vice President | |||
Flagship CLO V
By: Deutsche Investment Management Americas, Inc.
(as successor in interest to Deutsche Asset Management, Inc.),
As Collateral Manager
By: Deutsche Investment Management Americas, Inc.
(as successor in interest to Deutsche Asset Management, Inc.),
As Collateral Manager
By: | /s/ Xxxx X. Xxxxx | |||
Xxxx X. Xxxxx, Managing Director | ||||
By: | /s/ Xxxxxxxxx Xxxxx | |||
Name: | Xxxxxxxxx Xxxxx | |||
Title: | Vice President | |||
Flagship CLO VI
By: Deutsche Investment Management Americas, Inc.
As Collateral Manager
By: Deutsche Investment Management Americas, Inc.
As Collateral Manager
By: | /s/ Xxxx X. Xxxxx | |||
Xxxx X. Xxxxx, Managing Director | ||||
By: | /s/ Xxxxxxxxx Xxxxx | |||
Name: | Xxxxxxxxx Xxxxx | |||
Title: | Vice President | |||
DWS Floating Rate Plus Fund
By: Deutsche Investment Management Americas, Inc.
Investment Advisor
By: Deutsche Investment Management Americas, Inc.
Investment Advisor
By: | /s/ Xxxx X. Xxxxx | |||
Xxxx X. Xxxxx, Managing Director | ||||
By: | /s/ Xxxxxxxxx Xxxxx | |||
Name: | Xxxxxxxxx Xxxxx | |||
Title: | Vice President | |||
DWS
Short Duration Plus Fund
By: Deutsche Investment Management Americas, Inc.
Investment Advisor
By: Deutsche Investment Management Americas, Inc.
Investment Advisor
By: | /s/ Xxxx X. Xxxxx | |||
Xxxx X. Xxxxx, Managing Director | ||||
By: | /s/ Xxxxxxxxx Xxxxx | |||
Name: | Xxxxxxxxx Xxxxx | |||
Title: | Vice President |
Deutsche Investment Management Americas, Inc.
As Investment Adviser to the following DWS Funds:
DWS High Income Fund
DWS High Income Plus Fund
DWS High Income VIP
DWS Multi Market Income Trust
DWS Strategic Income Fund
DWS Balanced Fund
DWS Strategic Income Trust
DWS Strategic Income VIP
DWS Balanced VIP
As Investment Adviser to the following DWS Funds:
DWS High Income Fund
DWS High Income Plus Fund
DWS High Income VIP
DWS Multi Market Income Trust
DWS Strategic Income Fund
DWS Balanced Fund
DWS Strategic Income Trust
DWS Strategic Income VIP
DWS Balanced VIP
/s/ Xxxx X. Xxxxxxxx
|
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Name: Xxxx X. Xxxxxxxx |
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Title: Managing Director |
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/s/ Xxxxxxxxx Xxxxx
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Name: Xxxxxxxxx Xxxxx |
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Title: Vice President |
Deutsche Bank AG New York Branch
By: DB Services New Jersey, Inc, as a Lender
By: | /s/ Xxxxxxxx Xxxx | |||
Name: | Xxxxxxxx Xxxx | |||
Title: | Assistant Vice President | |||
/s/ Xxxxx X. Xxxxxx | ||||
Name: | Xxxxx X. Xxxxxx | |||
Title: | Vice President | |||
TRS HY FNDS LLC, as a Lender
By: Deutsche Bank AG Cayman Islands Branch
its sole member
By: DB Services New Jersey, Inc.
By: Deutsche Bank AG Cayman Islands Branch
its sole member
By: DB Services New Jersey, Inc.
By: | /s/ Xxxxx X. Xxxxxx | |||
Name: | Xxxxx X. Xxxxxx | |||
Title: | Vice President | |||
By: | /s/ Xxxxxxxx Xxxxxxxx | |||
Name: | Xxxxxxxx Xxxxxxxx | |||
Title: Assistant Vice President | ||||
Xxxxx Street CLO III, Ltd.
By: XxXxxx Xxxxx Capital LLC,
As Collateral Manager, as a Lender
By: XxXxxx Xxxxx Capital LLC,
As Collateral Manager, as a Lender
By: | /s/ Xxxx Xxxxxxx | |||
Name: | Xxxx Xxxxxxx | |||
Title: | Managing Director | |||
Xxxxx Street CLO IV, Ltd. | ||||||
By: XxXxxx Xxxxx Capital LLC, | ||||||
As Collateral Manager, as a Lender | ||||||
By: | /s/ Xxxx Xxxxxxx | |||||
Title: Managing Director |
XXXXX STREET CLO V, LTD | ||||||
By: XxXxxx Xxxxx Capital LLC, | ||||||
as Manager, as a Lender | ||||||
By: | /s/ Xxxx Xxxxxxx | |||||
Title: Managing Director |
Laodicea II LLC., as a Lender | ||||||
By: | /s/ Xxx Xxxxx | |||||
Title: Attorney-in-fact |
FORTRESS CREDIT FUNDING I LP, as Lender | ||||||
By: Fortress Credit Funding I GP LLC, its general partner | ||||||
By: | /s/ Xxxx X. Xxxxxxxx | |||||
Title: CHIEF OPERATING OFFICER |
Grand Central Asset Trust, LBAM Series, as a Lender | ||||||
By: | /s/ Xxx Xxxxx | |||||
Title: Attorney-in-fact |
HALCYON STRUCTURED ASSET MANAGEMENT | ||||||
CLO 2008-II B.V. | ||||||
Halcyon Structured Asset Management European CLO | ||||||
2007-1 B.V. Known before as: Vondelpark CDO | ||||||
B.V. | ||||||
Halcyon Structured Asset Management CLO I LTD. | ||||||
Halcyon Loan Investors CLO I, LTD. | ||||||
Halcyon Loan Investors CLO II, LTD. | ||||||
Halcyon Structured Asset Management Long | ||||||
Secured/Short Unsecured CLO 2006 -1 LTD. | ||||||
Halcyon Structured Asset Management Long | ||||||
Secured/Short Unsecured CLO 2007-1, LTD. | ||||||
Known before as: Halcyon Structured Asset | ||||||
Management Long Secured/Short Unsecured CLO | ||||||
II LTD. | ||||||
Halcyon Structured Asset Management Long | ||||||
Secured/Short Unsecured CLO III LTD. | ||||||
Halcyon Structured Asset Management Long | ||||||
Secured/Short Unsecured 2007-2 LTD. Known | ||||||
before as: Genesis CBNA Loan Funding LLC | ||||||
, as a Lender | ||||||
By: | /s/ Xxxx Xxxxxxx | |||||
Title: Controller |
ING BANK OF CANADA, as a Lender | ||||||||
By: | /s/ Xxx Xxxxxxxxxxxx | |||||||
Name: | Xxx Xxxxxxxxxxxx | |||||||
Title: | Managing Director | |||||||
Structured Finance | ||||||||
Telecom, Media & Technology Finance | ||||||||
/s/ Xxxxxx Xxxxxxxx | ||||||||
Name: | Xxxxxx Xxxxxxxx | |||||||
Title: | Vice President | |||||||
Structured Finance | ||||||||
Telecom, Media & Technology Finance |
Diamond Lake CLO Ltd, as a Lender | ||||||
By: | /s/ Xxxxx Xxxxxxx | |||||
Title: AVP |
Clear Lake CLO LTD, as a Lender | ||||||
By: | /s/ Xxxxx Xxxxxxx | |||||
Title: AVP |
St. Xxxxx River CLO LTD, as a Lender | ||||||
By: | /s/ Xxxxx Xxxxxxx | |||||
Title: AVP |
KKR Financial CLO 2005-1, Ltd, as a Lender | ||||||
By: | /s/ Xxxxx Xxxxxx | |||||
Title: Authorized Signatory |
KKR Financial CLO 2005-2, Ltd, as a Lender | ||||||
By: | /s/ Xxxxx Xxxxxx | |||||
Title: Authorized Signatory |
KKR Financial CLO 2007-A, Ltd, as a Lender | ||||||
By: | /s/ Xxxxx Xxxxxx | |||||
Title: Authorized Signatory |
MAGNOLIA FUNDING, as a Lender | ||||||
By: | /s/ [ILLEGIBLE] | |||||
Title: |
WIND RIVER CLO I LTD. | ||||||
By: | XxXxxxxxx Investment Management, LLC, as Manager | |||||
as a Lender | ||||||
By: | /s/ Xxxxxxxx X. Xxxx | |||||
Title: Vice President |
WIND RIVER CLO II — XXXX INVESTORS, LTD. | ||||||
By: | XxXxxxxxx Investment Management, LLC, as Manager | |||||
as a Lender | ||||||
By: | /s/ Xxxxxxxx X. Xxxx | |||||
Title: Vice President |
GANNETT PEAK CLO I, LTD. | ||||||
By: | XxXxxxxxx Investment Management, LLC, | |||||
as Investment Manager | ||||||
as a Lender | ||||||
By: | /s/ Xxxxxxxx X. Xxxx | |||||
Title: Vice President |
CUNA Mutual Insurance Society, as a Lender | ||||||
By: | /s/ Xxxxx X. Xxxxxxxx | |||||
Title: Director, Private Placements |
Xxxxxx Xxxxxxx Senior
Funding Nova Scotia Co., as a Lender |
||||||
By: | /s/ Xxxx Xxxxxxxx | |||||
Title: Vice President |
By: | /s/ Xxxxxxx X. Xxxx | |||||
Title: Vice President | ||||||
Xxxxxx Xxxxxxx Senior Funding, Inc., as a Lender |
NAVIGARE FUNDING I CLO LTD | ||||||
By: Navigare Partners LLC | ||||||
Its collateral manager, as a Lender | ||||||
By: | /s/ Xxxxxx X. Xxxxxxx | |||||
Title: Managing Director |
NAVIGARE FUNDING II CLO LTD | ||||||
By: Navigare Partners LLC | ||||||
as collateral manager, as a Lender | ||||||
By: | /s/ Xxxxxx X. Xxxxxxx | |||||
Title: Managing Director |
NAVIGARE FUNDING III CLO LTD | ||||||
By: Navigare Partners LLC | ||||||
as collateral manager, as a Lender | ||||||
By: | /s/ Xxxxxx X. Xxxxxxx | |||||
Title: Managing Director |
, as a Lender | ||||||
By: | /s/ Xxxxxxxx X. Xxxxxx | |||||
Title: Senior Director |
Octagon Investment Partners V, Ltd.
By: Octagon Credit Investors, LLC
as Portfolio Manager
By: Octagon Credit Investors, LLC
as Portfolio Manager
Octagon Investment Partners VI, Ltd.
By: Octagon Credit Investors, LLC
as collateral manager
By: Octagon Credit Investors, LLC
as collateral manager
Octagon Investment Partners VII, Ltd.
By: Octagon Credit Investors, LLC
as collateral manager
By: Octagon Credit Investors, LLC
as collateral manager
Octagon Investment Partners VIII, Ltd.
By: Octagon Credit Investors, LLC
as collateral manager
By: Octagon Credit Investors, LLC
as collateral manager
Octagon Investment Partners IX, Ltd.
By: Octagon Credit Investors, LLC
as Manager
By: Octagon Credit Investors, LLC
as Manager
Octagon Investment Partners X, Ltd.
By: Octagon Credit Investors, LLC
as Collateral Manager
By: Octagon Credit Investors, LLC
as Collateral Manager
Octagon Investment Partners XI,
Ltd.
By: Octagon Credit Investors, LLC
as Collateral Manager
By: Octagon Credit Investors, LLC
as Collateral Manager
Hamlet II, Ltd.
By: Octagon Credit Investors, LLC
as Portfolio Manager
By: Octagon Credit Investors, LLC
as Portfolio Manager
Clarenville CDO, SA | ||||||||
By: | Pacific Investment Management Company LLC, | |||||||
as its Investment Advisor | ||||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Senior Vice President |
Fairway Loan Funding Company | ||||||||
By: | Pacific Investment Management Company LLC, | |||||||
as its Investment Advisor | ||||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Senior Vice President |
PIMCO Global Credit Opportunity Offshore Fund Ltd | ||||||||
By: | Pacific Investment Management Company LLC, | |||||||
as its Investment Advisor | ||||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Senior Vice President |
ING PIMCO High Yield Portfolio | ||||||||
By: | Pacific Investment Management Company LLC, | |||||||
as its Investment Advisor | ||||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Senior Vice President |
Loan Funding III LLC | ||||||||
By: | Pacific Investment Management Company LLC, | |||||||
as its Investment Advisor | ||||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Senior Vice President |
Mayport CLO Ltd. | ||||||||
By: | Pacific Investment Management Company LLC, | |||||||
as its Investment Advisor | ||||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Senior Vice President |
PIMCO High Yield Fund | ||||||||
By: | Pacific Investment Management Company LLC, | |||||||
as its Investment Advisor for the PIMCO High Yield | ||||||||
Fund, acting through Investors Fiduciary Trust | ||||||||
Company in the Nominee Name of IFTCO | ||||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Senior Vice President |
PIMCO Income Opportunity Fund | ||||||||
By: | Pacific Investment Management Company LLC, as its Investment Advisor, acting through Investors Fiduciary Trust Company in the Nominee Name of IFTCO |
|||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Xxxxxx Y. D. Xxx | ||||||||
Senior Vice President |
PIMCO Cayman Global High Income Fund | ||||||||
By: | Pacific Investment Management Company, as its Investment Advisor |
|||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Xxxxxx Y. D. Xxx | ||||||||
Senior Vice President |
PIMCO Cayman Bank Loan Fund | ||||||||
By: | Pacific Investment Management Company LLC, as its Investment Advisor |
|||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Xxxxxx Y. D. Xxx | ||||||||
Senior Vice President |
Portola CLO, Ltd. | ||||||||
By: | Pacific Investment Management Company LLC, as its Investment Advisor |
|||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Xxxxxx Y. D. Xxx | ||||||||
Senior Vice President |
Red River HYPi, L.P. | ||||||||
By: | Pacific Investment Management Company LLC, as its Investment Advisor, acting through Investors Fiduciary Trust Company in the Nominee Name of IFTCO |
|||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Xxxxxx Y. D. Xxx | ||||||||
Senior Vice President |
Southport CLO, Limited | ||||||||
By: | Pacific Investment Management Company LLC, as its Investment Advisor |
|||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Xxxxxx Y. D. Xxx | ||||||||
Senior Vice President |
Virginia Retirement System | ||||||||
By: | Pacific Investment Management Company LLC, as its Investment Advisor |
|||||||
By | /s/ Xxxxxx Y. D. Xxx | |||||||
Xxxxxx Y. D. Xxx | ||||||||
Senior Vice President |
Principal, as a Lender | ||||||||
By: | /s/ Xxxxxx X. Xxxxx | |||||||
Name: | Xxxxxx X. Xxxxx | |||||||
Title: | PM — High Yield |
QIC Limited (formerly Queensland Investment Corporation) as investment manager and trustee for the Queensland Investment Trust No. 1, as a Lender, by its duly authorised attorneys: |
||||||||
By: | /s/ Xxxxx Xxxxxxx | |||||||
Name: | Xxxxx Xxxxxxx | |||||||
Title: | Managing Director | |||||||
Active Management | ||||||||
By: | /s/ Xxxxx Xxxxxxx | |||||||
Name: | Xxxxx Xxxxxxx | |||||||
Title: | Head of Human Resource Services |
QIC Limited (formerly Queensland Investment Corporation) as investment manager and trustee for the Queensland Investment Trust No. 2, as a Lender, by its duly authorised attorneys: |
||||||||
By: | /s/ Xxxxx Xxxxxxx | |||||||
Name: | Xxxxx Xxxxxxx | |||||||
Title: | Managing Director | |||||||
Active Management | ||||||||
By: | /s/ Xxxxx Xxxxxxx | |||||||
Name: | Xxxxx Xxxxxxx | |||||||
Title: | Head of Human Resource Services |
QIC Limited (formerly Queensland Investment Corporation) as investment manager and trustee for the QIC Global Credit Opportunities Fund, as a Lender, by its duly authorised attorneys: |
||||||||
By: | /s/ Xxxxx Xxxxxxx | |||||||
Name: | Xxxxx Xxxxxxx | |||||||
Title: | Managing Director | |||||||
Active Management | ||||||||
By: | /s/ Xxxxx Xxxxxxx | |||||||
Name: | Xxxxx Xxxxxxx | |||||||
Title: | Head of Human Resource Services |
Asclepius, LLC, as a Lender By: The Royal Bank of Scotland Plc, as Attorney-in-fact By: RBS Greenwich Capital Markets, Inc., its agent |
||||||||
By: | /s/ Xxxxx X. Xxxxxx | |||||||
Name: | Xxxxx X. Xxxxxx | |||||||
Title: | V.P. |
Clapboard, LLC, as a Lender By: The Royal Bank of Scotland Plc, as Attorney-in-fact By: RBS Greenwich Capital Markets, Inc., its agent |
||||||||
By: | /s/ Xxxxx X. Xxxxxx | |||||||
Name: | Xxxxx X. Xxxxxx | |||||||
Title: | X.X. |
Xxxxxx Funding, as a Lender | ||||||||
By: | /s/ Xxxxx Xxxxx | |||||||
Name: | Xxxxx Xxxxx | |||||||
Title: | Authorized Signatory |
Glarke Funding, as a Lender | ||||||||
By: | /s/ Xxxxx Xxxxx | |||||||
Name: | Xxxxx Xxxxx | |||||||
Title: | Authorized Signatory |
Xxxxxxxxx Carrera CLO, Ltd. By: Xxxxxxxxx Capital Partners LLC as its Asset Manager, as a Lender |
||||||||
By: | /s/ Xxxxx Xxxx | |||||||
Name: | Xxxxx Xxxx | |||||||
Title: | Managing Director |
XL Re Europe Limited By: Xxxxxxxxx Capital Partners, LLC signed as: its Collateral Manager, as a Lender |
||||||||
By: | /s/ Xxxxx Xxxx | |||||||
Name: | Xxxxx Xxxx | |||||||
Title: | Managing Director |
Xxxxxxxxx Modena CLO, Ltd By: Xxxxxxxxx Capital Partners, LLC as its Asset Manager, as a Lender |
||||||||
By: | /s/ Xxxxx Xxxx | |||||||
Name: | Xxxxx Xxxx | |||||||
Title: | Managing Director |
Xxxxxxxxx Vantage CLO, Ltd By: Xxxxxxxxx Capital Partners, LLC as its Asset Manager, as a Lender |
||||||||
By: | /s/ Xxxxx Xxxx | |||||||
Name: | Xxxxx Xxxx | |||||||
Title: | Managing Director |
Xxxxxxxxx AZURE CLO, Ltd. By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager, as a Lender |
||||||||
By: | /s/ Xxxxx Xxxx | |||||||
Name: | Xxxxx Xxxx | |||||||
Title: | Managing Director |
Xxxxxxxxx Veyron CLO, Ltd By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager, as a Lender |
||||||||
By: | /s/ Xxxxx Xxxx | |||||||
Name: | Xxxxx Xxxx | |||||||
Title: | Managing Director |
Xxxxxxxxx Daytona CLO, Ltd By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager, as a Lender |
||||||||
By: | /s/ Xxxxx Xxxx | |||||||
Name: | Xxxxx Xxxx | |||||||
Title: | Managing Director |
Xxxxxxxxx McLaren CLO, Ltd. By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager, as a Lender |
||||||||
By: | /s/ Xxxxx Xxxx | |||||||
Name: | Xxxxx Xxxx | |||||||
Title: | Managing Director |
Xxxxxxxxx Bristol CLO, Ltd. By: Xxxxxxxxx Capital Partners LLC as its Collateral Manager, as a Lender |
||||||||
By: | /s/ Xxxxx Xxxx | |||||||
Name: | Xxxxx Xxxx | |||||||
Title: | Managing Director |
Xxxxxxxxx Arnage CLO Ltd. By: Xxxxxxxxx Capital Partners, LLC as its Collateral Manager, as a Lender |
||||||||
By: | /s/ Xxxxx Xxxx | |||||||
Name: | Xxxxx Xxxx | |||||||
Title: | Managing Director |
LFS 1 GXG LLC By: Xxxxxxxxx Capital Partners, LLC as its Sub-Investment Advisor, as a Lender |
||||||||
By: | /s/ Xxxxx Xxxx | |||||||
Name: | Xxxxx Xxxx | |||||||
Title: | Managing Director |
Rampart CLO 2006-1 Ltd. By: Stone Tower Debt Advisors LLC, As its collateral manager., as a Lender |
||||||||
By: | /s/ [ILLEGIBLE] | |||||||
Name: | [ILLEGIBLE] | |||||||
Title: | Authorized Signatory |
Rampart CLO 2007 Ltd. By: Stone Tower Debt Advisors LLC, As its collateral manager., as a Lender |
||||||||
By: | /s/ Xxxxxxx X. XxxXxxxxx | |||||||
Name: | Xxxxxxx X. XxxXxxxxx | |||||||
Title: | Authorized Signatory |
Stone Tower Credit Funding I Ltd. By: Stone Tower Fund Management LLC, As its collateral manager., as a Lender |
||||||||
By: | /s/ Xxxxxxx X. XxxXxxxxx | |||||||
Name: | Xxxxxxx X. XxxXxxxxx | |||||||
Title: | Authorized Signatory |
Stone Tower CLO VII Ltd. By: Stone Tower Debt Advisors LLC, As its collateral manager., as a Lender |
||||||||
By: | /s/ Xxxxxxx X. XxxXxxxxx | |||||||
Name: | Xxxxxxx X. XxxXxxxxx | |||||||
Title: | Authorized Signatory |
Stone Tower CLO VI Ltd. By: Stone Tower Debt Advisors LLC, As its collateral manager., as a Lender |
||||||||
By: | /s/ Xxxxxxx X. XxxXxxxxx | |||||||
Name: | Xxxxxxx X. XxxXxxxxx | |||||||
Title: | Authorized Signatory |
Stone Tower CLO V Ltd. By: Stone Tower Debt Advisors LLC, As its collateral manager., as a Lender |
||||||||
By: | /s/ Xxxxxxx X. XxxXxxxxx | |||||||
Name: | Xxxxxxx X. XxxXxxxxx | |||||||
Title: | Authorized Signatory |
Stone Tower CLO IV Ltd. |
||||
By: | Stone Tower Debt Advisors LLC, | |||
As its collateral manager., as a Lender |
||||
By: | /s/ Xxxxxxx X. XxxXxxxxx | |||
Name: | Xxxxxxx X. XxxXxxxxx | |||
Title: | Authorized Signatory | |||
Stone Tower CLO III Ltd. |
||||
By: | Stone Tower Debt Advisors LLC, | |||
As its collateral manager., as a Lender |
||||
By: | /s/ Xxxxxxx X. XxxXxxxxx | |||
Name: | Xxxxxxx X. XxxXxxxxx | |||
Title: | Authorized Signatory | |||
Granite Ventures III Ltd. |
||||
By: | Stone Tower Debt Advisors LLC, | |||
As its collateral manager., as a Lender |
||||
By: | /s/ Xxxxxxx X. XxxXxxxxx | |||
Name: | Xxxxxxx X. XxxXxxxxx | |||
Title: | Authorized Signatory | |||
Granite Ventures II Ltd. |
||||
By: | Stone Tower Debt Advisors LLC, | |||
As its collateral manager., as a Lender |
||||
By: | /s/ Xxxxxxx X. XxxXxxxxx | |||
Name: | Xxxxxxx X. XxxXxxxxx | |||
Title: | Authorized Signatory | |||
Granite Ventures I Ltd. |
||||
By: | Stone Tower Debt Advisors LLC, | |||
As its collateral manager., as a Lender |
||||
By: | /s/ Xxxxxxx X. XxxXxxxxx | |||
Name: | Xxxxxxx X. XxxXxxxxx | |||
Title: | Authorized Signatory | |||
Cornerstone CLO Ltd. |
||||
By: | Stone Tower Debt Advisors LLC, | |||
As its collateral manager., as a Lender |
||||
By: | /s/ Xxxxxxx X. XxxXxxxxx | |||
Name: | Xxxxxxx X. XxxXxxxxx | |||
Title: | Authorized Signatory | |||
Sumitomo Mitsui Banking Corporation of Canada, as a Lender |
||||
By: | /s/ X.X. Xxxxxxx | |||
Name: | X.X. Xxxxxxx | |||
Title: | Senior Vice President | |||
EVEREST FUNDING LLC, as a Lender |
||||
By: | /s/ Xxxx X. Xxxxx | |||
Name: | Xxxx X. Xxxxx | |||
Title: | Assistant Vice President | |||
Mountain View Funding CLO 2006-I Ltd. | ||||
By: | Seix Investment Advisors LLC, as Collateral Manager | |||
Mountain View CLO II Ltd. | ||||
By: | Seix Investment Advisors LLC, as Collateral Manager | |||
Mountain View CLO III Ltd. | ||||
By: | Seix Investment Advisors LLC, as Collateral Manager | |||
Grand Horn CLO Ltd. | ||||
By: | Seix Investment Advisors LLC, as Collateral Manager | |||
Ridgeworth Funds — Seix Floating Rate High Income Fund | ||||
By: | Seix Investment Advisors LLC, as Subadvisor | |||
as Lenders |
||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Managing Director | |||
Symphony Credit Partners I LTD, as a Lender |
||||
By: | Symphony Asset Management, LLC | |||
By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Portfolio Manager | |||
Symphony Credit Partners II LTD, as a Lender |
||||
By: | Symphony Asset Management, LLC | |||
By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Portfolio Manager | |||
Symphony Credit Partners III LTD, as a Lender |
||||
By: | Symphony Asset Management, LLC | |||
By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Portfolio Manager | |||
Symphony CLO V, as a Lender |
||||
By: | Symphony Asset Management, LLC | |||
By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Portfolio Manager | |||
Symphony CLO VI, as a Lender |
||||
By: | Symphony Asset Management, LLC | |||
By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Portfolio Manager | |||
Symphony CLO I, as a Lender |
||||
By: | Symphony Asset Management, LLC | |||
By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Portfolio Manager | |||
Symphony CLO III, as a Lender |
||||
By: | Symphony Asset Management, LLC | |||
By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Portfolio Manager | |||
Trimaran CLO IV Ltd | ||||
By | Trimaran Advisors, L.L.C., as a Lender | |||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: | Xxxxx X. Xxxxxxxx | |||
Title: | Managing Director | |||
Trimaran CLO V Ltd | ||||
By | Trimaran Advisors, L.L.C., as a Lender | |||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: | Xxxxx X. Xxxxxxxx | |||
Title: | Managing Director | |||
Trimaran CLO VI Ltd | ||||
By | Trimaran Advisors, L.L.C., as a Lender | |||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: | Xxxxx X. Xxxxxxxx | |||
Title: | Managing Director |
Trimaran CLO VII Ltd | ||||
By | Trimaran Advisors, L.L.C., as a Lender | |||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: | Xxxxx X. Xxxxxxxx | |||
Title: | Managing Director |
UBS AG Canada Branch, as a Lender |
||||
By: | /s/ Xxxx X. Xxxxx | |||
Name: | Xxxx X. Xxxxx | |||
Title: | Associate Director | |||
By: | /s/ Xxxx X Xxxx | |||
Name: | Xxxx X Xxxx | |||
Title: | Associate Director |
USAA HIGH YIELD OPPORTUNITIES FUND, as a Lender |
||||
By: | /s/ Xxxxxxxx X. Coladson | |||
Name: | Xxxxxxxx X. Coladson | |||
Title: | Vice President |
WhiteHorse I, Ltd., as a Lender | ||||||
By: | WhiteHorse Capital Partners, L.P. as Collateral Manager |
|||||
By | WhiteRock Asset Advisor, LLC, its G.P. | |||||
By: | /s/ Xxxxx X. Xxxxxxxxx
|
|||||
Title: Portfolio Manager |
WhiteHorse II, Ltd., as a Lender | ||||||
By: | WhiteHorse Capital Partners, L.P. as Collateral Manager |
|||||
By | WhiteRock Asset Advisor, LLC, its G.P. | |||||
By: | /s/ Xxxxx X. Xxxxxxxxx
|
|||||
Title: Portfolio Manager |
WhiteHorse Credit Master Fund, L.P., as a Lender | ||||||
By: | WhiteHorse Credit Advisors, LLC | |||||
Its: | General Partner | |||||
By: | /s/ Xxxxx Xxxxxxxxx
|
|||||
Its: Manager |