QuickLinks -- Click here to rapidly navigate through this documentExhibit 4.1.1
FIRST AMENDMENT TO
FOURTH AMENDED AND RESTATED CREDIT AGREEMENT
ThisFIRST AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT(this "Amendment"), dated as of July 27, 2004, is amongREGAL CINEMAS CORPORATION, a Delaware corporation ("Borrower"), the Lenders party hereto, andCREDIT SUISSE FIRST BOSTON, acting through its Cayman Islands Branch, as administrative agent (in such capacity, "Administrative Agent").
RECITALS
WHEREAS, Borrower, the Lenders party thereto, Administrative Agent and Credit Suisse First Boston, acting through its Cayman Islands Branch, as sole lead arranger and sole book runner, have entered into the Fourth Amended and Restated Credit Agreement dated as of May 10, 2004 (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement");
WHEREAS, Borrower desires to provide for certain amendments to the Credit Agreement specified herein; and
WHEREAS, the Lenders and Administrative Agent have agreed to amend the Credit Agreement as provided herein upon the terms and subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of the premises made hereunder, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
Section 1. Definitions. Unless otherwise expressly defined herein, all capitalized terms used herein and defined in the Credit Agreement shall be used herein as so defined.
Section 2. Amendment to Section 1.1. The definition of "Applicable Margin" contained inSection 1.1 of the Credit Agreement is hereby amended by deleting the table contained therein and substituting the following therefor:
Consolidated Leverage Ratio
| | Applicable Margin for Eurodollar Rate Revolving Loans
| | Applicable Margin for Eurodollar Rate Term Loans
| |
---|
> 3.00:1.00 | | 2.75 | % | 2.25 | % |
< 3.00:1.00 > 2.50:1.00 | | 2.50 | % | 2.00 | % |
< 2.50:1.00 > 2.00:1.00 | | 2.25 | % | 2.00 | % |
< 2.00:1.00 | | 2.00 | % | 2.00 | % |
Section 3. Conditions Precedent. This Amendment shall become effective on the date upon which Administrative Agent shall have received: (i) this Amendment, executed by Borrower and each Lender having or holding Term Loan Exposure, (ii) the consent of the Guarantors to this Amendment in the form attached hereto asAnnex I (the "Consent of Guarantors"), executed by each of the Guarantors, and (iii) payment of all reasonable expenses of Administrative Agent for which invoices have been presented (including invoices of Skadden, Arps, Meagher & Flom LLP).
Section 4. Representations and Warranties. Borrower hereby represents and warrants to Administrative Agent and the Lenders that, as of the date hereof and after giving effect to this Amendment:
(a) all representations and warranties set forth in the Credit Agreement and in each other Loan Document are true and correct in all material respects as if made again on and as of such
date (except those, if any, which by their terms specifically relate only to an earlier date, in which case such representations and warranties are true and correct in all material respects as of such earlier date);
(b) no Default or Event of Default has occurred and is continuing;
(c) each of the Loan Parties has all corporate power and authority to enter in to this Amendment and the Consent of Guarantors attached hereto, as applicable, and to carry out the transactions contemplated by, and to perform its obligations under, this Amendment and the Credit Agreement as amended hereby, as applicable;
(d) the execution and delivery of this Amendment and the Consent of Guarantors and the performance of this Amendment and the Credit Agreement as amended hereby have been duly authorized by all necessary corporate action on the part of each of the Loan Parties party thereto;
(e) the Credit Agreement (as amended by this Amendment) and all other Loan Documents are and remain legal, valid, binding and enforceable obligations in accordance with the terms thereof, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally or by general equitable principles; and
(f) the execution and delivery of this Amendment and the Consent of Guarantors and the performance of this Amendment and the Credit Agreement as amended hereby do not and will not conflict with or violate (i) any provision of the articles or certificate of incorporation or bylaws of any of the Loan Parties, (ii) any Requirement of Law, (iii) any order, judgment or decree of any court or other governmental agency binding on any of the Loan Parties, or (iv) any material indenture, agreement or instrument to which any of the Loan Parties is a party or by which it is bound, or require any consent or approval of any Person.
Section 5. Reference to Agreement. Each of the Loan Documents, including the Credit Agreement, and any and all other agreements, documents or instruments now or hereafter executed and/or delivered pursuant to the terms hereof or pursuant to the terms of the Credit Agreement as amended hereby, are hereby amended so that any reference in such Loan Documents to the Credit Agreement, whether direct or indirect, shall mean a reference to the Credit Agreement as amended hereby. This Amendment shall constitute a Loan Document under the Credit Agreement.
Section 6. Costs and Expenses. Borrower shall pay on demand all reasonable costs and expenses of Administrative Agent (including the reasonable fees, costs and expenses of counsel to Administrative Agent) incurred in connection with the preparation, execution and delivery of this Amendment.
Section 7. Governing Law. THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
Section 8. Execution. 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 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 9. Severability. Any provision of this Amendment held to be invalid, illegal, ineffective or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality, ineffectiveness or unenforceability without affecting the validity, legality, effectiveness and enforceability of the remaining provisions hereof; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
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Section 10. Limited Effect. This Amendment relates only to the specific matters expressly covered herein, shall not be considered to be a waiver of any rights or remedies any Lender may have under the Credit Agreement or under any other Loan Document, and shall not be considered to create a course of dealing or to otherwise obligate in any respect any Lender to execute similar or other amendments under the same or similar or other circumstances in the future. Except as expressly amended hereby, the Credit Agreement shall remain in full force and effect, and is hereby ratified and confirmed.
[signature pages follow]
3
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their respective officers thereunto duly authorized, as of the date first above written.
| | REGAL CINEMAS CORPORATION |
| | By: | | /s/ AMY MILES
|
| | Name: Amy Miles Title:EVP & CFO |
| | CREDIT SUISSE FIRST BOSTON, acting through its Cayman Islands Branch, as Administrative Agent |
| | By: | | /s/ BILL O'DALY
|
| | Name: Bill O'Daly Title:Director |
| | By: | | /s/ CASSANDRA DROOGAN
|
| | Name: Cassandra Droogan Title:Associate |
CONSENT OF GUARANTORS
Each of the undersigned is a Guarantor of the Obligations under the Credit Agreement and hereby (a) consents to the foregoing Amendment, (b) acknowledges that notwithstanding the execution and delivery of the foregoing Amendment, the obligations of each of the undersigned Guarantors are not impaired or affected and all guaranties giving to the holders of the Obligations and all Liens granted as security for the Obligations continue in full force and effect, and (c) confirms and ratifies its obligations under the Guaranty and Collateral Agreement and each other Loan Document executed by it. Capitalized terms used herein without definition shall have the meanings given to such terms in the Amendment to which this Consent is attached or in the Credit Agreement referred to therein.
IN WITNESS WHEREOF, each of the undersigned has executed and delivered this Consent of Guarantors as of the day of July, 2004.
| | REGAL CINEMAS, INC. REGAL CINEMAS BONDS CORPORATION R.C. COBB, INC. COBB FINANCE CORP. REGAL INVESTMENT COMPANY ACT III CINEMAS, INC. ACT III THEATRES, INC. A 3 THEATRES OF TEXAS, INC. A 3 THEATRES OF SAN ANTONIO, LTD., by A3 Theatres of Texas, Inc., its General Partner GENERAL AMERICAN THEATRES, INC. BROADWAY CINEMA, INC. TEMT ALASKA, INC. J.R. CINEMAS, INC. EASTGATE THEATRE, INC. REGAL CINEMAS HOLDINGS, INC. REGAL CINEMAS GROUP, INC. ACT III INNER LOOP THEATRES, INC. EDWARDS THEATRES, INC. FLORENCE THEATRE CORPORATION MORGAN EDWARDS THEATRE CORPORATION UNITED CINEMA CORPORATION HOYTS CINEMAS CORPORATION INTERSTATE THEATRES CORPORATION FREDERICK PLAZA CINEMAS, INC. UNITED ARTISTS THEATRE GROUP, LLC RCI/RMS, LLC |
| | By: | | /s/ AMY MILES
|
| | Name: Amy Miles |
| | Title:EVP & CFO |
| | REGAL CINEMEDIA CORPORATION, |
| | By: | | /s/ DAVID J GIESLER
|
| | Name: David J Giesler Title:CFO |
GALAXY CLO 2003-1, LTD. By: AIG Global Investment Corp. as Investment Advisor , as a Lender | | |
By: | | /s/ JOHN G. LAPHAM, III
| | |
Name: | | John G. Lapham, III | | |
Title: | | Managing Director | | |
KZH SOLEIL-2 LLC | | |
By: | | /s/ DORIAN HERRERA
| | |
Name: | | Dorian Herrera | | |
Title: | | Authorized Agent | | |
KZH SOLEIL LLC | | |
By: | | /s/ DORIAN HERRERA
| | |
Name: | | Dorian Herrera | | |
Title: | | Authorized Agent | | |
SUNAMERICA LIFE INSURANCE COMPANY By: AIG Global Investment Corp. as Investment Advisor , as a Lender | | |
By: | | /s/ JOHN G. LAPHAM, III
| | |
Name: | | John G. Lapham, III | | |
Title: | | Managing Director | | |
PACIFICA CDO II, LTD. BY ALCENTRA, , as a Lender | | |
By: | | /s/ ANNA POPOVICI
| | |
Name: | | Anna Popovici | | |
Title: | | Associate | | |
| | | | |
PACIFICA CDO III, LTD. BY ALCENTRA , as a Lender | | |
By: | | /s/ ANNA POPOVICI
| | |
Name: | | Anna Popovici | | |
Title: | | Associate | | |
MERRILL LYNCH CAPITAL, A DIVISION OF MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC., , as a Lender | | |
By: | | /s/ K. CRAIG GALLEHUGH
| | |
Name: | | K. Craig Gallehugh | | |
Title: | | Director | | |
MONUMENT CAPITAL LTD., , as a Lender | | |
By: | | /s/ ROBERT BAYER
| | |
Name: | | Robert Bayer | | |
Title: | | Vice President | | |
NEW ALLIANCE GLOBAL CDO LTD. , as a Lender | | |
By: | | /s/ ROBERT BAYER
| | |
Name: | | Robert Bayer | | |
Title: | | Vice President | | |
ACM INCOME FUND , as a Lender | | |
By: | | /s/ ROBERT BAYER
| | |
Name: | | Robert Bayer | | |
Title: | | Vice President | | |
| | | | |
GLOBAL STRATEGIC INCOME TRUST , as a Lender | | |
By: | | /s/ ROBERT BAYER
| | |
Name: | | Robert Bayer | | |
Title: | | Vice President | | |
AIB DEBT MANAGEMENT LTD, , as a Lender | | |
By: | | /s/ MARGARET BRENNAN
| | |
Name: | | Margaret Brennan | | |
Title: | | Vice President Investment Advisor to AIB Debt Management, Limited | | |
By: | | /s/ JOHN TIMONEY
| | |
Name: | | John Timoney | | |
Title: | | Vice President Investment Advisor to AIB Debt Management, Limited | | |
AIMCO CDO SERIES 2000-A , as a Lender | | |
By: | | /s/ CHRIS GOERGEN
| | |
Name: | | Chris Goergen | | |
Title: | | | | |
By: | | /s/ JERRY D. ZINKULA
| | |
Name: | | Jerry D. Zinkula | | |
Title: | | | | |
AIMCO CLO SERIES 2001-A , as a Lender | | |
By: | | /s/ CHRIS GOERGEN
| | |
Name: | | Chris Goergen | | |
Title: | | | | |
By: | | /s/ JERRY D. ZINKULA
| | |
Name: | | Jerry D. Zinkula | | |
Title: | | | | |
ALLSTATE LIFE INSURANCE COMPANY , as a Lender | | |
By: | | /s/ CHRIS GOERGEN
| | |
Name: | | Chris Goergen | | |
Title: | | | | |
By: | | /s/ JERRY D. ZINKULA
| | |
Name: | | Jerry D. Zinkula | | |
Title: | | | | |
AMERICAN EXPRESS CERTIFICATE COMPANY By: American Express Asset Management Group as Collateral Manager , as a Lender | | |
By: | | /s/ YVONNE STEVENS
| | |
Name: | | Yvonne Stevens | | |
Title: | | Senior Managing Director | | |
ARCHIMEDES FUNDING III, LTD. By: ING Capital Advisors LLC. as Collateral Manager | | |
By: | | /s/ STEVEN GORSKI
| | |
Name: | | Steven Gorski | | |
Title: | | Director | | |
| | | | |
CENTURION CDO II, LTD. By: American Express Asset Management Group, Inc. as Collateral Manager , as a Lender | | |
By: | | /s/ ROBIN C. STANCIL
| | |
Name: | | Robin C. Stancil | | |
Title: | | Supervisor—Fixed Income Support Team | | |
CENTURION CDO III, LIMITED By: American Express Asset Management Group Inc. as Collateral Manager , as a Lender | | |
By: | | /s/ ROBIN C. STANCIL
| | |
Name: | | Robin C. Stancil | | |
Title: | | Supervisor—Fixed Income Support Team | | |
SEQUILA-CENTURION V, LTD. By: American Express Asset Management Group, Inc. as Collateral Manager , as a Lender | | |
By: | | /s/ ROBIN C. STANCIL
| | |
Name: | | Robin C. Stancil | | |
Title: | | Supervisor—Fixed Income Support Team | | |
CENTURION CDO VI, LTD. By: American Asset Management Group, Inc. as Collateral Manager , as a Lender | | |
By: | | /s/ ROBIN C. STANCIL
| | |
Name: | | Robin C. Stancil | | |
Title: | | Supervisor—Fixed Income Support Team | | |
| | | | |
CENTURION CDO VII, LTD. By: American Express Asset Management Group, Inc. as Collateral Manager , as a Lender | | |
By: | | /s/ ROBIN C. STANCIL
| | |
Name: | | Robin C. Stancil | | |
Title: | | Supervisor—Fixed Income Support Team | | |
IDS LIFE INSURANCE COMPANY By: American Express Asset Management Group, Inc. as Collateral Manager , as a Lender | | |
By: | | /s/ YVONNE STEVENS
| | |
Name: | | Yvonne Stevens | | |
Title: | | Senior Managing Director | | |
KZH STERLING LLC | | |
By: | | /s/ DORIAN HERRERA
| | |
Name: | | Dorian Herrera | | |
Title: | | Authorized Agent | | |
KZH CYPRESSTREE-1 LLC | | |
By: | | /s/ DORIAN HERRERA
| | |
Name: | | Dorian Herrera | | |
Title: | | Authorized Agent | | |
AMMC CDO II, LIMITED By: American Money Management Corp., as Collateral Manager | | |
By: | | /s/ DAVID P. MAYER
| | |
Name: | | David P. Mayer | | |
Title: | | Vice President | | |
| | | | |
AMMC CDO II, LIMITED By: American Money Management Corp., as Collateral Manager | | |
By: | | /s/ DAVID P. MAYER
| | |
Name: | | David P. Mayer | | |
Title: | | Vice President | | |
AMMC CLO III, LIMITED By: American Money Management Corp., as Collateral Manager | | |
By: | | /s/ DAVID P. MAYER
| | |
Name: | | David P. Mayer | | |
Title: | | Vice President | | |
NORTHWOODS CAPITAL II, LIMITED, , as a Lender By: Angelo, Gordon & Co., L.P. as Collateral Manager | | |
By: | | /s/ JOHN W. FRASER
| | |
Name: | | John W. Fraser | | |
Title: | | Managing Director | | |
NORTHWOODS CAPITAL, LIMITED, , as a Lender By: Angelo, Gordon & Co., L.P. as Collateral Manager | | |
By: | | /s/ JOHN W. FRASER
| | |
Name: | | John W. Fraser | | |
Title: | | Managing Director | | |
| | | | |
NORTHWOODS CAPITAL III, LIMITED, , as a Lender By: Angelo, Gordon & Co., L.P. as Collateral Manager | | |
By: | | /s/ JOHN W. FRASER
| | |
Name: | | John W. Fraser | | |
Title: | | Managing Director | | |
NORTHWOODS CAPITAL IV, LIMITED, , as a Lender By: Angelo, Gordon & Co., L.P. as Collateral Manager | | |
By: | | /s/ JOHN W. FRASER
| | |
Name: | | John W. Fraser | | |
Title: | | Managing Director | | |
ANTARES CAPITAL CORPORATION , as a Lender | | |
By: | | /s/ JOHN G. MARTIN
| | |
Name: | | John G. Martin | | |
Title: | | Managing Director | | |
NAVIGATOR CDO 2003, LTD. , as a Lender | | |
By: | | /s/ JOHN G. MARTIN
| | |
Name: | | John G. Martin | | |
Title: | | Vice President | | |
MARIMER CDO 2002, LTD. , as a Lender | | |
By: | | /s/ JOHN G. MARTIN
| | |
Name: | | John G. Martin | | |
Title: | | Vice President | | |
| | | | |
ARES LEVERAGED INVESTMENT FUND II, L.P. By: ARES Management II, L.P. Its: General Partner | | |
By: | | /s/ SETH J. BRUFSKY
| | |
Name: | | Seth J. Brufsky | | |
Title: | | Vice President | | |
ARES III CLO LTD. By: ARES CLO Management LLC, Investment Manager | | |
By: | | /s/ SETH J. BRUFSKY
| | |
Name: | | Seth J. Brufsky | | |
Title: | | Vice President | | |
ARES IV CLO LTD. By: Ares CLO Management IV, L.P., Investment Manager By: Ares CLO GP IV, LLC, Its: Managing Member | | |
By: | | /s/ SETH J. BRUFSKY
| | |
Name: | | Seth J. Brufsky | | |
Title: | | Vice President | | |
ARES V CLO LTD. By: Ares CLO Management V, L.P., Investment Manager | | |
By: Ares CLO GP V, LLC, Its: Managing Member | | |
By: | | /s/ SETH J. BRUFSKY
| | |
Name: | | Seth J. Brufsky | | |
Title: | | Vice President | | |
| | | | |
ARES VI CLO LTD. By: Ares CLO Management VI, L.P., Investment Manager | | |
By: Ares CLO GP VI, LLC, Its: Managing Member | | |
By: | | /s/ SETH J. BRUFSKY
| | |
Name: | | Seth J. Brufsky | | |
Title: | | Vice President | | |
ARES VII CLO LTD. By: Ares CLO Management VII, L.P., Investment Manager | | |
By: Ares CLO GP VII, LLC, Its: Managing Member | | |
By: | | /s/ SETH J. BRUFSKY
| | |
Name: | | Seth J. Brufsky | | |
Title: | | Vice President | | |
ARES VIII CLO LTD. By: Ares CLO Management VIII, L.P., Investment Manager | | |
By: Ares CLO GP VIII, LLC, Its: Managing Member | | |
By: | | /s/ SETH J. BRUFSKY
| | |
Name: | | Seth J. Brufsky | | |
Title: | | Vice President | | |
ARES TOTAL VALUE FUND, L.P. By: Ares Total Value Management LLC Its: General Partner | | |
By: | | /s/ SETH J. BRUFSKY
| | |
Name: | | Seth J. Brufsky | | |
Title: | | Vice President | | |
| | | | |
SANKATY ADVISORS, LLC as Collateral Manager for AVERY POINT CLO, LTD., as Term Lender , as a Lender | | |
By: | | /s/ TIMOTHY BARNS
| | |
Name: | | Timothy Barns | | |
Title: | | Senior Vice President | | |
SANKATY ADVISORS, INC., as Collateral Manager for Brant Point CBO 1999-1 LTD., as Term Lender , as a Lender | | |
By: | | /s/ TIMOTHY BARNS
| | |
Name: | | Timothy Barns | | |
Title: | | Senior Vice President | | |
SANKATY ADVISORS, LLC, as Collateral Manager for Brant Point II CBO 2000-1 LTD., as Term Lender , as a Lender | | |
By: | | /s/ TIMOTHY BARNS
| | |
Name: | | Timothy Barns | | |
Title: | | Senior Vice President | | |
SANKATY ADVISORS, LLC as Collateral Manager for Castle Hill I—INGOTS, Ltd., as Term Lender , as a Lender | | |
By: | | /s/ TIMOTHY BARNS
| | |
Name: | | Timothy Barns | | |
Title: | | Senior Vice President | | |
| | | | |
SANKATY ADVISORS, LLC as Collateral Manager for Castle Hill II—INGOTS, Ltd., as Term Lender , as a Lender | | |
By: | | /s/ TIMOTHY BARNS
| | |
Name: | | Timothy Barns | | |
Title: | | Senior Vice President | | |
SANKATY ADVISORS, LLC as Collateral Manager for Castle Hill III CLO, Limited, as Term Lender , as a Lender | | |
By: | | /s/ TIMOTHY BARNS
| | |
Name: | | Timothy Barns | | |
Title: | | Senior Vice President | | |
SANKATY ADVISORS, LLC as Collateral Manager for Great Point CLO 1999-1 LTD., as Term Lender , as a Lender | | |
By: | | /s/ TIMOTHY BARNS
| | |
Name: | | Timothy Barns | | |
Title: | | Senior Vice President | | |
HARBOUR TOWN FUNDING LLC , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
SANKATY ADVISORS, LLC as Collateral Manager for Prospect Funding I, LLC, as Term Lender , as a Lender | | |
By: | | /s/ TIMOTHY BARNS
| | |
Name: | | Timothy Barns | | |
Title: | | Senior Vice President | | |
| | | | |
SANKATY ADVISORS, LLC as Collateral Manager for Race Point CLO, Limited, as Term Lender , as a Lender | | |
By: | | /s/ TIMOTHY BARNS
| | |
Name: | | Timothy Barns | | |
Title: | | Senior Vice President | | |
SANKATY ADVISORS, LLC as Collateral Manager for Race Point II CLO, Limited, as Term Lender , as a Lender | | |
By: | | /s/ TIMOTHY BARNS
| | |
Name: | | Timothy Barns | | |
Title: | | Senior Vice President | | |
THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND , as a Lender | | |
By: | | /s/ GERALDINE HANNON
| | |
Name: | | Geraldine Hannon | | |
Title: | | Authorized Signatory | | |
By: | | /s/ NIARNH MURPHY
| | |
Name: | | Niarnh Murphy | | |
Title: | | Authorized Signatory | | |
BANK OF MONTREAL, , as a Lender | | |
By: | | /s/ S VAKA
| | |
Name: | | S Vaka | | |
Title: | | MD | | |
| | | | |
HAMILTON FLOATING RATE FUND, LLC , as a Lender | | |
By: | | /s/ DEAN STEPHAN
| | |
Name: | | Dean Stephan | | |
Title: | | Managing Director | | |
INDOSUEZ CAPITAL FUNDING VI, LIMITED By Indosuez Capital as Collateral Manager | | |
By: | | /s/ CHARLES KOBAYASHI
| | |
Name: | | Charles Kobayashi | | |
Title: | | Principal and Portfolio Manager | | |
VENTURE CDO 2002, LIMITED, By: its investment advisor, MJX Asset Management LLC , as a Lender | | |
By: | | /s/ HANS L. CHRISTENSEN
| | |
Name: | | Hans L. Christensen | | |
Title: | | Chief Investment Officer | | |
VENTURE II CDO 2002, LIMITED, By: its investment advisor, MJX Asset Management LLC , as a Lender | | |
By: | | /s/ HANS L. CHRISTENSEN
| | |
Name: | | Hans L. Christensen | | |
Title: | | Chief Investment Officer | | |
| | | | |
VENTURE III CDO LIMITED, By: its investment advisor, MJX Asset Management LLC , as a Lender | | |
By: | | /s/ HANS L. CHRISTENSEN
| | |
Name: | | Hans L. Christensen | | |
Title: | | Chief Investment Officer | | |
VENTURE IV CDO LIMITED, By: its investment advisor, MJX Asset Management LLC , as a Lender | | |
By: | | /s/ HANS L. CHRISTENSEN
| | |
Name: | | Hans L. Christensen | | |
Title: | | Chief Investment Officer | | |
GALLATIN FUNDING I LTD. By: Bear Stearns Asset Management Inc. as its Collateral Manager , as a Lender | | |
By: | | /s/ JONATHAN BERG
| | |
Name: | | Jonathan Berg | | |
Title: | | Vice President | | |
GRAYSTON CLO 2001-01 LTD. By: Bear Stearns Asset Management Inc. as its Collateral Manager , as a Lender | | |
By: | | /s/ JONATHAN BERG
| | |
Name: | | Jonathan Berg | | |
Title: | | Vice President | | |
| | | | |
LAGUNA FUNDING LLC , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
BEAR STEARNS LOAN TRUST By: Bear Stearns Asset Management, Inc., as its attorney-in-fact , as a Lender | | |
By: | | /s/ JONATHAN BERG
| | |
Name: | | Jonathan Berg | | |
Title: | | Vice President | | |
BRAYMOOR & CO. By: Bear Stearns Asset Management, Inc. as its attorney-in-fact , as a Lender | | |
By: | | /s/ JONATHAN BERG
| | |
Name: | | Jonathan Berg | | |
Title: | | Vice President | | |
COOKSMILL , as a Lender | | |
By: | | /s/ JOHN R.M. CAMPBELL
| | |
Name: | | John R.M. Campbell | | |
Title: | | Authorised Signatory | | |
DIAMOND SPRINGS TRADING LLC , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
| | | | |
BLACKROCK SENIOR INCOME SERIES Magnetite IV CLO, Limited Magnetite V CLO, Limited Senior Loan Portfolio , as a Lender | | |
By: | | /s/ TOM COLWELL
| | |
Name: | | Tom Colwell | | |
Title: | | Authorized Signatory | | |
HANOVER SQUARE CLO LTD. By: Blackstone Debt Advisors L.P. As Collateral Manager, , as a Lender | | |
By: | | /s/ DEAN CRIARES
| | |
Name: | | Dean Criares | | |
Title: | | Managing Director | | |
LOAN FUNDING VI LLC By: Blackstone Debt Advisors L.P. As Attorney-in-Fact, , as a Lender | | |
By: | | /s/ DEAN CRIARES
| | |
Name: | | Dean Criares | | |
Title: | | Managing Director | | |
MONUMENT PARK CDO LTD. By: Blackstone Debt Advisors L.P. As Collateral Manager, , as a Lender | | |
By: | | /s/ DEAN CRIARES
| | |
Name: | | Dean Criares | | |
Title: | | Managing Director | | |
| | | | |
UNION SQUARE CDO LTD. By: Blackstone Debt Advisors L.P. As Collateral Manager, , as a Lender | | |
By: | | /s/ DEAN CRIARES
| | |
Name: | | Dean Criares | | |
Title: | | Managing Director | | |
CALLIDUS CAPITAL MANAGEMENT, LLC By: Callidus Debt Partners CLO Fund II, Ltd. By: Its Collateral Manager, , as a Lender | | |
By: | | /s/ MAVIS TAINTOR
| | |
Name: | | Mavis Taintor | | |
Title: | | Managing Director | | |
CALLIDUS CAPITAL MANAGEMENT, LLC By: Callidus Debt Partners CLO Fund III, LLC By: Its Collateral Manager, , as a Lender | | |
By: | | /s/ MAVIS TAINTOR
| | |
Name: | | Mavis Taintor | | |
Title: | | Managing Director | | |
CALYON NEW YORK BRANCH , as a Lender | | |
By: | | /s/ ALEX AVERBUKH
| | |
Name: | | Alex Averbukh | | |
Title: | | Director | | |
| | | | |
CALYON NEW YORK BRANCH , as a Lender | | |
By: | | /s/ W. MICHAEL GEORGE
| | |
Name: | | W. Michael George | | |
Title: | | Managing Director | | |
CANADIAN IMPERIAL BANK OF COMMERCE, , as a Lender | | |
By: | | /s/ MARC BERG
| | |
Name: | | Marc Berg | | |
Title: | | Authorized Signatory | | |
CANYON CAPITAL CLO 2004-1 LTD. By: Canyon Capital Advisors LLC, A Delaware limited liability company, Its Collateral Manager , as a Lender | | |
By: | | /s/ JOSHUA FRIEDMAN
| | |
Name: | | Joshua Friedman | | |
Title: | | Managing Director | | |
CARLYLE HIGH YIELD PARTNERS II, LTD. , as a Lender | | |
By: | | /s/ LINDA PACE
| | |
Name: | | Linda Pace | | |
Title: | | Managing Director | | |
CARLYLE HIGH YIELD PARTNERS III, LTD. , as a Lender | | |
By: | | /s/ LINDA PACE
| | |
Name: | | Linda Pace | | |
Title: | | Managing Director | | |
| | | | |
CARLYLE HIGH YIELD PARTNERS IV, LTD. , as a Lender | | |
By: | | /s/ LINDA PACE
| | |
Name: | | Linda Pace | | |
Title: | | Managing Director | | |
CARLYLE HIGH YIELD PARTNERS, L.P. , as a Lender | | |
By: | | /s/ LINDA PACE
| | |
Name: | | Linda Pace | | |
Title: | | Managing Director | | |
CARLYLE HIGH YIELD PARTNERS VI, LTD. , as a Lender | | |
By: | | /s/ LINDA PACE
| | |
Name: | | Linda Pace | | |
Title: | | Managing Director | | |
CARLYLE LOAN OPPORTUNITY FUND , as a Lender | | |
By: | | /s/ LINDA PACE
| | |
Name: | | Linda Pace | | |
Title: | | Managing Director | | |
OLYMPIC CLOI , as a Lender | | |
By: | | /s/ JOHN M. CASPARIAN
| | |
Name: | | John M. Casparian | | |
Title: | | Chief Operating Officer, Centre Pacific LLP (Manager) | | |
| | | | |
SIERRA CLOI, LTD , as a Lender | | |
By: | | /s/ JOHN M. CASPARIAN
| | |
Name: | | John M. Casparian | | |
Title: | | Chief Operating Officer, Centre Pacific LLP (Manager) | | |
CRÉDIT INDUSTRIEL ET COMMERCIAL | | |
By: | | /s/ ANTHONY ROCK
| | |
Name: | | Anthony Rock | | |
Title: | | Vice President | | |
By: | | /s/ MARCUS EDWARD
| | |
Name: | | Marcus Edward | | |
Title: | | Vice President | | |
SEMINOLE FUNDING LLC , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
ECL FUNDING LLC , as a Lender | | |
By: | | /s/ JASON TRALA
| | |
Name: | | Jason Trala | | |
Title: | | Attorney-in-Fact | | |
CITIBANK N.A. , as a Lender | | |
By: | | /s/ JANET WALLACE-HIMMLER
| | |
Name: | | Janet Wallace-Himmler | | |
Title: | | Attorney-in-Fact | | |
| | | | |
EAGLE MASTER FUND LTD., as Lender By: Citigroup Alternative Investments LLC as Investment Manager for and on behalf of Eagle Master Fund Ltd. | | |
By: | | /s/ MAURA K. CONNOR
| | |
Name: | | Maura K. Connor | | |
Title: | | Vice President | | |
COMMERABANK AG, NEW YORK AND GRAND CAYMAN BRANCHES , as a Lender | | |
By: | | /s/ DOUGLAS I. GLICKMAN
| | |
Name: | | Douglas I. Glickman | | |
Title: | | Vice President | | |
By: | | /s/ CHARLES W. POLET
| | |
Name: | | Charles W. Polet | | |
Title: | | Assistant Treasurer | | |
JUPITER LOAN FUNDING LLC , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
WINGED FOOT FUNDING TRUST , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Authorized Agent | | |
| | | | |
PROMETHEUS INVESTMENT FUNDING NO. 2 LTD. By: HVS Credit Advisers LLC , as a Lender | | |
By: | | /s/ VICKY S. SOO
| | |
Name: | | Vicky S. Soo | | |
Title: | | Associate Director | | |
By: | | /s/ ELIZABETH TALLMADGE
| | |
Name: | | Elizabeth Tallmadge | | |
Title: | | Chief Investment Officer | | |
RIVIERA FUNDING LLC , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
CREDIT SUISSE FIRST BOSTON, acting through its Cayman Islands Branch , as a Lender | | |
By: | | /s/ BARRY ZAMORE
| | |
Name: | | Barry Zamore | | |
Title: | | Managing Director | | |
CREDIT SUISSE FIRST BOSTON INTERNATIONAL , as a Lender | | |
By: | | [Illegible]
| | |
Name: | | | | |
Title: | | | | |
ATRIUM CDO , as a Lender | | |
By: | | /s/ ANDREW H. MARSHAK
| | |
Name: | | Andrew H. Marshak | | |
Title: | | Authorized Signatory | | |
CSAM FUNDING I , as a Lender | | |
By: | | /s/ DAVID H. LERNER
| | |
Name: | | David H. Lerner | | |
Title: | | Authorized Signatory | | |
CSAM FUNDING II , as a Lender | | |
By: | | /s/ DAVID H. LERNER
| | |
Name: | | David H. Lerner | | |
Title: | | Authorized Signatory | | |
ATRIUM II , as a Lender | | |
By: | | /s/ ANDREW H. MARSHAK
| | |
Name: | | Andrew H. Marshak | | |
Title: | | Authorized Signatory | | |
CASM FUNDING IV , as a Lender | | |
By: | | /s/ ANDREW H. MARSHAK
| | |
Name: | | Andrew H. Marshak | | |
Title: | | Authorized Signatory | | |
| | | | |
CREDIT SUISSE FIRST BOSTON, acting through its Cayman Islands Branch , as a Lender | | |
By: | | /s/ BARRY ZAMORE
| | |
Name: | | Barry Zamore | | |
Title: | | Managing Director | | |
CLOSE INTERNATIONAL CUSTODY SERVICES LIMITED AS CUSTODIAN OF CYPRESSTREE INTERNATIONAL LOAN HOLDING COMPANY LIMITED | | |
By: | | /s/ JEFFREY B. MEGAR
| | |
Name: | | Jeffrey B. Megar | | |
Title: | | Director | | |
By: | | /s/ RICHARD B. OKIOHUNDRO, JR.
| | |
Name: | | Richard B. Okiohundro, Jr. | | |
Title: | | Managing Director and Portfolio Manager | | |
HEWETT'S ISLAND CDO, LTD. By: CypressTree Investment Management Company, Inc., as Portfolio Manager. | | |
By: | | /s/ JEFFREY B. MEGAR
| | |
Name: | | Jeffrey B. Megar | | |
Title: | | Director | | |
BILL & MELINDA GATES FOUNDATION By: Babson Capital Management LLC as Investment Adviser , as a Lender | | |
By: | | /s/ DAVID P. WELLS, CFA
| | |
Name: | | David P. Wells, CFA | | |
Title: | | Managing Director | | |
| | | | |
MAPLEWOOD (CAYMAN) LIMTIED By: Babson Capital Management LLC under delegated authority from Massachusetts Mutual Life Insurance Company as Investment Manager , as a Lender | | |
By: | | /s/ DAVID P. WELLS, CFA
| | |
Name: | | David P. Wells, CFA | | |
Title: | | Managing Director | | |
MASSACHUSETTS MUTUAL LIFE Insurance Company By: Babson Capital Management LLC as Investment Adviser , as a Lender | | |
By: | | /s/ DAVID P. WELLS, CFA
| | |
Name: | | David P. Wells, CFA | | |
Title: | | Managing Director | | |
BABSON CLO LTD. 2003-I By: Babson Capital Management LLC as Collateral Manager , as a Lender | | |
By: | | /s/ DAVID P. WELLS, CFA
| | |
Name: | | David P. Wells, CFA | | |
Title: | | Managing Director | | |
BABSON CLO LTD. 2004-I By: Babson Capital Management LLC as Collateral Manager , as a Lender | | |
By: | | /s/ DAVID P. WELLS, CFA
| | |
Name: | | David P. Wells, CFA | | |
Title: | | Managing Director | | |
| | | | |
NEWTON CDO LTD By: Babson Capital Management LLC as Investment Manager , as a Lender | | |
By: | | /s/ DAVID P. WELLS, CFA
| | |
Name: | | David P. Wells, CFA | | |
Title: | | Managing Director | | |
BRYN MAWR CLO, LTD. By: Deerfield Capital Management LLC as its Collateral Manager , as a Lender | | |
By: | | /s/ DALE BURROW
| | |
Name: | | Dale Burrow | | |
Title: | | Senior Vice President | | |
FOREST CREEK CLO, LTD. By: Deerfield Capital Management LLC as its Collateral Manager , as a Lender | | |
By: | | /s/ DALE BURROW
| | |
Name: | | Dale Burrow | | |
Title: | | Senior Vice President | | |
LONG GROVE CLO, LIMITED, By: Deerfield Capital Management LLC as its Collateral Manager , as a Lender | | |
By: | | /s/ DALE BURROW
| | |
Name: | | Dale Burrow | | |
Title: | | Senior Vice President | | |
| | | | |
MUIRFIELD TRADING LLC , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
ROSEMONT CLO, LTD. By: Deerfield Capital Management LLC as its Collateral Manager , as a Lender | | |
By: | | /s/ DALE BURROW
| | |
Name: | | Dale Burrow | | |
Title: | | Senior Vice President | | |
LINCOLN NATIONAL LIFE INS. CO. , as a Lender | | |
By: | | /s/ THOMAS CHOW
| | |
Name: | | Thomas Chow | | |
Title: | | V.P., Fixed Income | | |
DENALI CAPITAL LLC, managing member of DC Funding Partners, portfolio manager for DENALI CAPITAL CLO II, LTD., or an affiliate , as a Lender | | |
By: | | /s/ JOHN R. THACKER
| | |
Name: | | John R. Thacker | | |
Title: | | Chief Credit Officer | | |
| | | | |
DENALI CAPITAL LLC, managing member of DC Funding Partners, portfolio manager for DENALI CAPITAL CLO III, LTD., or an affiliate , as a Lender | | |
By: | | /s/ JOHN R. THACKER
| | |
Name: | | John R. Thacker | | |
Title: | | Chief Credit Officer | | |
DENALI CAPITAL LLC, managing member of DC Funding Partners, portfolio manager for DENALI CAPITAL CLO IV, LTD., or an affiliate , as a Lender | | |
By: | | /s/ JOHN R. THACKER
| | |
Name: | | John R. Thacker | | |
Title: | | Chief Credit Officer | | |
TRS ARIA LLC , as a Lender | | |
By: | | /s/ DEBORAH O'KEOFFE
| | |
Name: | | Deborah O'Keoffe | | |
Title: | | Vice President | | |
EATON VANCE VT Floating Rate Income Fund By: Eaton Vance Management as Investment Advisor , as a Lender | | |
By: | | [Illegible]
| | |
Name: | | | | |
Title: | | Vice President | | |
| | | | |
SENIOR DEBT PORTFOLIO By: Boston Management and Research as Investment Advisor , as a Lender | | |
By: | | [Illegible]
| | |
Name: | | | | |
Title: | | Vice President | | |
GRAYSTON CLO II 2004-1 LTD. By: Bear Stearns Asset Management Inc. as its Collateral Manager , as a Lender | | |
By: | | /s/ JONATHAN BERG
| | |
Name: | | Jonathan Berg | | |
Title: | | Vice President | | |
FEINGOLD O'KEEFFE CAPITAL LLC , as a Lender | | |
By: | | /s/ ANDREA S. FEINGOLD
| | |
Name: | | Andrea S. Feingold | | |
Title: | | Managing Member | | |
BALLYROCK CDO I LIMITED, By: Ballyrock Investment Advisors LLC as Collateral Manager , as a Lender | | |
By: | | /s/ LISA RYMUT
| | |
Name: | | Lisa Rymut | | |
Title: | | Assistant Treasurer | | |
| | | | |
BALLYROCK CDO II LIMITED, By: Ballyrock Investment Advisors LLC as Collateral Manager , as a Lender | | |
By: | | /s/ LISA RYMUT
| | |
Name: | | Lisa Rymut | | |
Title: | | Assistant Treasurer | | |
FIDELITY ADVISOR SERIES II: FIDELITY ADVISOR FLOATING RATE HIGH INCOME FUND , as a Lender | | |
By: | | /s/ JOHN H. COSTELLO
| | |
Name: | | John H. Costello | | |
Title: | | Assistant Treasurer | | |
FIDELITY FIXED-INCOME TRUST: FIDELITY HIGH INCOME FUND , as a Lender | | |
By: | | /s/ JOHN H. COSTELLO
| | |
Name: | | John H. Costello | | |
Title: | | Assistant Treasurer | | |
FLAGSHIP CLO II By: Flagship Capital Management, Inc. , as a Lender | | |
By: | | /s/ ERIC S. MEYER
| | |
Name: | | Eric S. Meyer | | |
Title: | | Director | | |
| | | | |
FLAGSHIP CLO 2001-1 By: Flagship Capital Management, Inc. , as a Lender | | |
By: | | /s/ ERIC S. MEYER
| | |
Name: | | Eric S. Meyer | | |
Title: | | Director | | |
FOOTHILL INCOME TRUST, L.P. By: FITGP, LLC, Its Gen Partner , as a Lender | | |
By: | | /s/ JEFF NIKORA
| | |
Name: | | Jeff Nikora | | |
Title: | | Managing Member | | |
FIRST TRUST/FOUR CORNERS SENIOR FLOATING RATE INCOME FUND By: Four Corners Capital Management, LLC As Collateral Manager | | |
By: | | /s/ STEVE COLUMBARO
| | |
Name: | | Steve Columbaro | | |
Title: | | Vice President | | |
FIRST TRUST/FOUR CORNERS SENIOR FLOATING RATE INCOME FUND II By: Four Corners Capital Management, LLC As Collateral Manager | | |
By: | | /s/ STEVE COLUMBARO
| | |
Name: | | Steve Columbaro | | |
Title: | | Vice President | | |
PETRUSSE EUROPEAN CLO S.A. By: INVESCO Senior Secured Management, Inc. As Collateral Manager | | |
By: | | /s/ THOMAS H. B. EWALD
| | |
Name: | | Thomas H. B. Ewald | | |
Title: | | Authorized Signatory | | |
SECURITY INCOME FUND-INCOME OPPORTUNITY SERIES By: Four Corners Capital Management, LLC As Collateral Manager | | |
By: | | /s/ STEVE COLUMBARO
| | |
Name: | | Steve Columbaro | | |
Title: | | Vice President | | |
SECURITY BENEFIT LIFE INSURANCE COMPANY By: Four Corners Capital Management, LLC As Collateral Manager | | |
By: | | /s/ STEVE COLUMBARO
| | |
Name: | | Steve Columbaro | | |
Title: | | Vice President | | |
FRANKLIN TEMPLETON LIM. DURATION INCOME TRUST , as a Lender | | |
By: | | /s/ RICHARD HAU
| | |
Name: | | Richard Hau | | |
Title: | | Vice President | | |
FRANKLIN CLO I, LIMITED , as a Lender | | |
By: | | /s/ RICHARD HAU
| | |
Name: | | Richard Hau | | |
Title: | | Vice President | | |
| | | | |
FRANKLIN CLO II, LIMITED , as a Lender | | |
By: | | /s/ RICHARD HAU
| | |
Name: | | Richard Hau | | |
Title: | | Vice President | | |
FRANKLIN CLO III, LIMITED , as a Lender | | |
By: | | /s/ RICHARD HAU
| | |
Name: | | Richard Hau | | |
Title: | | Vice President | | |
FRANKLIN FLOATING RATE MASTER SERIES , as a Lender | | |
By: | | /s/ RICHARD HAU
| | |
Name: | | Richard Hau | | |
Title: | | Vice President | | |
FRANKLIN FLOATING RATE TRUST , as a Lender | | |
By: | | /s/ RICHARD HAU
| | |
Name: | | Richard Hau | | |
Title: | | Vice President | | |
FRANKLIN FLOATING RATE DAILY ACCESS FUND , as a Lender | | |
By: | | /s/ RICHARD HAU
| | �� |
Name: | | Richard Hau | | |
Title: | | Vice President | | |
| | | | |
MOUNTAIN CAPITAL CLO II LTD. , as a Lender | | |
By: | | /s/ DARREN B. RILEY
| | |
Name: | | Darren B. Riley | | |
Title: | | Director | | |
GENERAL ELECTRIC CAPITAL CORPORATION , as a Lender | | |
By: | | /s/ ROBERT KADLICK
| | |
Name: | | Robert Kadlick | | |
Title: | | Duly Authorised Signatory | | |
KZH PONDVIEW LLC | | |
By: | | /s/ DORIAN HERRERA
| | |
Name: | | Dorian Herrera | | |
Title: | | Authorized Agent | | |
GOLDENTREE LOAN OPPORTUNITIES II, LTD. By: GoldenTree Asset Management, LP , as a Lender | | |
By: | | /s/ FREDERICK S. HADDAD
| | |
Name: | | Frederick S. Haddad | | |
Title: | | | | |
GOLDENTREE LOAN OPPORTUNITIES I, LTD. By: GoldenTree Asset Management, LP , as a Lender | | |
By: | | /s/ FREDERICK S. HADDAD
| | |
Name: | | Frederick S. Haddad | | |
Title: | | | | |
GSC PARTNERS CDO FUND IV, LIMITED, , as a Lender | | |
By: GSCP (NJ), Inc., as Collateral Manager | | |
By: | | /s/ SETH KATZENSTEIN
| | |
Name: | | Seth Katzenstein | | |
Title: | | Vice President GSC Partners | | |
GSC PARTNERS GEMINI FUND LIMITED, , as a Lender | | |
By: GSCP (NJ), Inc., as Collateral Manager By: GSCP (NJ), L.P., its General Partner | | |
By: | | /s/ SETH KATZENSTEIN
| | |
Name: | | Seth Katzenstein | | |
Title: | | Vice President GSC Partners | | |
1888 FUND, LTD. , as a Lender | | |
By: | | /s/ KAITLIN TRINH
| | |
Name: | | Kaitlin Trinh | | |
Title: | | Vice President | | |
LOAN FUNDING CORP. THC, LTD. , as a Lender | | |
By: | | /s/ JANET HAACK
| | |
Name: | | Janet Haack | | |
Title: | | as Attorney-in-Fact | | |
| | | | |
NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE , as a Lender | | |
By: | | /s/ STEPHEN SAUTEL
| | |
Name: | | Stephen Sautel | | |
Title: | | Managing Director | | |
WHITNEY PRIVATE DEBT FUND, L.P. , as a Lender | | |
By: | | /s/ KEVIN J. CURLEY
| | |
Name: | | Kevin J. Curley | | |
Title: | | Authorized Signatory | | |
GULF STREAM-COMPASS CLO 2002-1 LTD By: Gulf Stream Asset Management LLC as Collateral Manager , as a Lender | | |
By: | | /s/ BARRY K. LOVE
| | |
Name: | | Barry K. Love | | |
Title: | | Chief Credit Officer | | |
GULF STREAM-COMPASS CLO 2003-1 LTD By: Gulf Stream Asset Management LLC as Collateral Manager , as a Lender | | |
By: | | /s/ BARRY K. LOVE
| | |
Name: | | Barry K. Love | | |
Title: | | Chief Credit Officer | | |
| | | | |
GULF STREAM-COMPASS CLO 2004-1 LTD By: Gulf Stream Asset Management LLC as Collateral Manager �� , as a Lender | | |
By: | | /s/ BARRY K. LOVE
| | |
Name: | | Barry K. Love | | |
Title: | | Chief Credit Officer | | |
HARCH CLO I, LTD. , as a Lender | | |
By: | | /s/ MICHAEL E. LEWITT
| | |
Name: | | Michael E. Lewitt | | |
Title: | | Authorized Signatory | | |
STANWICH LOAN FUNDING LLC , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
TRUMBULL THC, LTD. | | |
By: | | /s/ JANET HAACK
| | |
Name: | | Janet Haack | | |
Title: | | Attorney-in-Fact | | |
COLUMBIA FLOATING RATE ADVANTAGE FUND By: Highland Capital Management, L.P., its Investment Advisor , as a Lender | | |
By: | | /s/ MARK OKADA
| | |
Name: | | Mark Okada | | |
Title: | | Chief Investment Officer Highland Capital Management, L.P. | | |
| | | | |
COLUMBIA FLOATING RATE LIMITED LIABILITY COMPANY By: Highland Capital Management, L.P., its Investment Advisor , as a Lender | | |
By: | | /s/ MARK OKADA
| | |
Name: | | Mark Okada | | |
Title: | | Chief Investment Officer Highland Capital Management, L.P. | | |
GLENEAGLES TRADING LLC , as a Lender | | |
By: | | /s/ MEREDITH KOSLICK
| | |
Name: | | Meredith Koslick | | |
Title: | | Assistant Vice President | | |
HIGHLAND LEGACY LIMITED By: Highland Capital Management, L.P. As Collateral Manager , as a Lender | | |
By: | | /s/ MARK OKADA
| | |
Name: | | Mark Okada | | |
Title: | | Chief Investment Officer Highland Capital Management, L.P. | | |
LOAN FUNDING IV LLC (Bristol Bay) By: Highland Capital Management, L.P. As Portfolio Manager , as a Lender | | |
By: | | /s/ MARK OKADA
| | |
Name: | | Mark Okada | | |
Title: | | Chief Investment Officer Highland Capital Management, L.P. | | |
| | | | |
LOAN FUNDING VII LLC (Valhalla) By: Highland Capital Management, L.P. As Collateral Manager , as a Lender | | |
By: | | /s/ MARK OKADA
| | |
Name: | | Mark Okada | | |
Title: | | Chief Investment Officer Highland Capital Management, L.P. | | |
RESTORATION FUNDING CLO, LTD By: Highland Capital Management, L.P. As Collateral Manager , as a Lender | | |
By: | | /s/ MARK OKADA
| | |
Name: | | Mark Okada | | |
Title: | | Chief Investment Officer Highland Capital Management, L.P. | | |
ARCHIMEDES FUNDING IV (CAYMAN), LTD. By: ING Capital Advisors LLC, as Collateral Manager , as a Lender | | |
By: | | /s/ STEVEN GORSKI
| | |
Name: | | Steven Gorski | | |
Title: | | Director | | |
ENDURANCE CLO I, LTD. By: ING Capital Advisors LLC, as Portfolio Manager , as a Lender | | |
By: | | /s/ STEVEN GORSKI
| | |
Name: | | Steven Gorski | | |
Title: | | Director | | |
| | | | |
ING-ORYX CLO, LTD. By: ING Capital Advisors LLC, as Collateral Manager , as a Lender | | |
By: | | /s/ STEVEN GORSKI
| | |
Name: | | Steven Gorski | | |
Title: | | Director | | |
NEMEAN CLO, LTD. By: ING Capital Advisors LLC, as Investment Manager , as a Lender | | |
By: | | /s/ STEVEN GORSKI
| | |
Name: | | Steven Gorski | | |
Title: | | Director | | |
SEQUILS-ING I (HBDGM), LTD. By: ING Capital Advisors LLC, as Collateral Manager , as a Lender | | |
By: | | /s/ STEVEN GORSKI
| | |
Name: | | Steven Gorski | | |
Title: | | Director | | |
APEX (IDM) CDO I, LTD. ELC (CAYMAN) LTD. 1999-II ELC (CAYMAN) LTD. 1999-III ELC (CAYMAN) LTD. 2000-I TRYON CLO LTD 2000-I By: Babson Capital Management LLC as Collateral Manager , as a Lender | | |
By: | | /s/ DAVID P. WELLS, CFA
| | |
Name: | | David P. Wells, CFA | | |
Title: | | Managing Director | | |
| | | | |
SIMSBURY CLO, LIMITED By: Babson Capital Management LLC under delegated authority from Massachusetts Mutual Life Insurance Company as Collateral Manager , as a Lender | | |
By: | | /s/ DAVID P. WELLS, CFA
| | |
Name: | | David P. Wells, CFA | | |
Title: | | Managing Director | | |
SUFFIELD CLO, LIMITED By: Babson Capital Management LLC as Collateral Manager , as a Lender | | |
By: | | /s/ DAVID P. WELLS, CFA
| | |
Name: | | David P. Wells, CFA | | |
Title: | | Managing Director | | |
AIM FLOATING RATE FUND By: INVESCO Senior Secured Management, Inc. As Sub-Adviser | | |
By: | | /s/ THOMAS H. B. EWALD
| | |
Name: | | Thomas H. B. Ewald | | |
Title: | | Authorized Signatory | | |
AVALON CAPITAL LTD. 2 By: INVESCO Senior Secured Management, Inc. As Portfolio Advisor | | |
By: | | /s/ THOMAS H. B. EWALD
| | |
Name: | | Thomas H. B. Ewald | | |
Title: | | Authorized Signatory | | |
| | | | |
CHAMPLAIN CLO, LTD. By: INVESCO Senior Secured Management, Inc. As Collateral Manager | | |
By: | | /s/ THOMAS H. B. EWALD
| | |
Name: | | Thomas H. B. Ewald | | |
Title: | | Authorized Signatory | | |
CHARTER VIEW PORTFOLIO By: INVESCO Senior Secured Management, Inc. As Investment Advisor | | |
By: | | /s/ THOMAS H. B. EWALD
| | |
Name: | | Thomas H. B. Ewald | | |
Title: | | Authorized Signatory | | |
DIVERSIFIED CREDIT PORTFOLIO LTD. By: INVESCO Senior Secured Management, Inc. as Investment Advisor | | |
By: | | /s/ THOMAS H. B. EWALD
| | |
Name: | | Thomas H. B. Ewald | | |
Title: | | Authorized Signatory | | |
INVESCO EUROPEAN CDO I S.A. By: INVESCO Senior Secured Management, Inc. As Collateral Manager | | |
By: | | /s/ THOMAS H. B. EWALD
| | |
Name: | | Thomas H. B. Ewald | | |
Title: | | Authorized Signatory | | |
SARATOGA CLO I, LIMITED By: INVESCO Senior Secured Management, Inc. As Asset Manager | | |
By: | | /s/ THOMAS H. B. EWALD
| | |
Name: | | Thomas H. B. Ewald | | |
Title: | | Authorized Signatory | | |
| | | | |
SEQUILS-LIBERTY, LTD. By: INVESCO Senior Secured Management, Inc. As Collateral Manager | | |
By: | | /s/ THOMAS H. B. EWALD
| | |
Name: | | Thomas H. B. Ewald | | |
Title: | | Authorized Signatory | | |
AVALON CAPITAL LTD. By: INVESCO Senior Secured Management, Inc. As Portfolio Advisor | | |
By: | | /s/ THOMAS H. B. EWALD
| | |
Name: | | Thomas H. B. Ewald | | |
Title: | | Authorized Signatory | | |
KATONAH I, LTD. , as a Lender | | |
By: | | /s/ RALPH DELLA ROCCA
| | |
Name: | | Ralph Della Rocca | | |
Title: | | Authorized Officer Katonah Capital, L.L.C. As Manager | | |
KATONAH II, LTD. , as a Lender | | |
By: | | /s/ RALPH DELLA ROCCA
| | |
Name: | | Ralph Della Rocca | | |
Title: | | Authorized Officer Katonah Capital, L.L.C. As Manager | | |
KATONAH III, LTD. , as a Lender | | |
By: | | /s/ RALPH DELLA ROCCA
| | |
Name: | | Ralph Della Rocca | | |
Title: | | Authorized Officer Katonah Capital, L.L.C. As Manager | | |
| | | | |
KATONAH IV, LTD. , as a Lender | | |
By: | | /s/ RALPH DELLA ROCCA
| | |
Name: | | Ralph Della Rocca | | |
Title: | | Authorized Officer Katonah Capital, L.L.C. As Manager | | |
KATONAH V, LTD. , as a Lender | | |
By: | | /s/ RALPH DELLA ROCCA
| | |
Name: | | Ralph Della Rocca | | |
Title: | | Authorized Officer Katonah Capital, L.L.C. As Manager | | |
KATONAH VI, LTD. , as a Lender | | |
By: | | /s/ RALPH DELLA ROCCA
| | |
Name: | | Ralph Della Rocca | | |
Title: | | Authorized Officer Katonah Capital, L.L.C. As Manager | | |
LIGHT POINT CLO 2004-1, LTD. , as a Lender | | |
By: | | /s/ THOMAS A. KRAUS, SR.
| | |
Name: | | Thomas A. Kraus, Sr. | | |
Title: | | CEO | | |
CONTINENTAL CASUALTY COMPANY , as a Lender | | |
By: | | /s/ MARILOU R. MCGIRR
| | |
Name: | | Marilou R. McGirr | | |
Title: | | Vice President and Assistant Treasurer | | |
| | | | |
LCMI LIMITED PARTNERSHIP By: Lyon Capital Management LLC, As Collateral Manager , as a Lender | | |
By: | | /s/ ALEX KENNA
| | |
Name: | | Alex Kenna | | |
Title: | | Portfolio Manager | | |
LCMII LIMITED PARTNERSHIP By: Lyon Capital Management LLC, As Attorney in Fact , as a Lender | | |
By: | | /s/ ALEX KENNA
| | |
Name: | | Alex Kenna | | |
Title: | | Portfolio Manager | | |
MADISON AVENUE CDO III, LIMITED By: Metropolitan Life Insurance Company as Collateral Manager , as a Lender | | |
By: | | /s/ JAMES R. DINGLER
| | |
Name: | | James R. Dingler | | |
Title: | | Authorized Signatory | | |
METROPOLITAN LIFE INSURANCE COMPANY , as a Lender | | |
By: | | /s/ JAMES R. DINGLER
| | |
Name: | | James R. Dingler | | |
Title: | | Director | | |
| | | | |
MORGAN STANLEY SENIOR FUNDING, INC. , as a Lender | | |
By: | | /s/ DAWN DIGIANNO
| | |
Name: | | Dawn DiGianno | | |
Title: | | Vice President | | |
MORGAN STANLEY PRIME INCOME TIER 8 , as a Lender | | |
By: | | /s/ KEVIN
| | |
Name: | | Kevin | | |
Title: | | VP | | |
MOUNTAIN CAPITAL CLO III LTD. , as a Lender | | |
By: | | /s/ DARREN P. RILEY
| | |
Name: | | Darren P. Riley | | |
Title: | | Director | | |
NATIONWIDE INDEMNITY COMPANY , as a Lender | | |
By: | | /s/ THOMAS S. LEGGETT
| | |
Name: | | Thomas S. Leggett | | |
Title: | | Associate Vice President Public Bonds | | |
NATIONWIDE LIFE INSURANCE COMPANY , as a Lender | | |
By: | | /s/ THOMAS S. LEGGETT
| | |
Name: | | Thomas S. Leggett | | |
Title: | | Associate Vice President Public Bonds | | |
| | | | |
NATIONWIDE MUTUAL INSURANCE COMPANY , as a Lender | | |
By: | | /s/ THOMAS S. LEGGETT
| | |
Name: | | Thomas S. Leggett | | |
Title: | | Associate Vice President Public Bonds | | |
ELF FUNDING TRUST III By: New York Life Investment Management LLC, as Attorney-in-Fact , as a Lender | | |
By: | | /s/ MARK A. CAMPELLONE
| | |
Name: | | Mark A. Campellone | | |
Title: | | Director | | |
MAINSTAY FLOATING RATE FUND, a Series of Eclipse Funds, Inc. By: New York Life Investment Management LLC , as a Lender | | |
By: | | /s/ MARK A. CAMPELLONE
| | |
Name: | | Mark A. Campellone | | |
Title: | | Director | | |
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION By: New York Life Investment Management LLC, its Investment Manager , as a Lender | | |
By: | | /s/ MARK A. CAMPELLONE
| | |
Name: | | Mark A. Campellone | | |
Title: | | Director | | |
| | | | |
NEW YORK LIFE INSURANCE COMPANY , as a Lender | | |
By: | | /s/ MARK A. CAMPELLONE
| | |
Name: | | Mark A. Campellone | | |
Title: | | Director | | |
NYLIM FLATIRON CLO 2003-1 LTD. By: New York Life Investment Management LLC, as Collateral Manager and Attorney-in-Fact , as a Lender | | |
By: | | /s/ MARK A. CAMPELLONE
| | |
Name: | | Mark A. Campellone | | |
Title: | | Director | | |
NYLIM FLATIRON CLO 2004-1 LTD. By: New York Life Investment Management LLC, as Collateral Manager and Attorney-in-Fact , as a Lender | | |
By: | | /s/ MARK A. CAMPELLONE
| | |
Name: | | Mark A. Campellone | | |
Title: | | Director | | |
CLYDESDALE CLO 2001-1, LTD By: Nomura Corporate Research and Asset Management Inc. as Collateral Manager , as a Lender | | |
By: | | /s/ ELIZABETH MACLEAN
| | |
Name: | | Elizabeth MacLean | | |
Title: | | Director | | |
| | | | |
CLYDESDALE CLO 2003, LTD By: Nomura Corporate Research and Asset Management Inc. as Agent , as a Lender | | |
By: | | /s/ ELIZABETH MACLEAN
| | |
Name: | | Elizabeth MacLean | | |
Title: | | Director | | |
NOMURA BOND & LOAN FUND By: UFJ Trust Bank Limited as Trustee By: Nomura Corporate Research and Asset Management Inc. Attorney in Fact , as a Lender | | |
By: | | /s/ ELIZABETH MACLEAN
| | |
Name: | | Elizabeth MacLean | | |
Title: | | Director | | |
CLYDESDALE CLO 2004 LTD By: Nomura Corporate Research and Asset Management Inc. as Agent , as a Lender | | |
By: | | /s/ ELIZABETH MACLEAN
| | |
Name: | | Elizabeth MacLean | | |
Title: | | Director | | |
OAK HILL CREDIT PARTNERS I, LIMITED By: Oak Hill CLO Management I, LLC as Investment Manager , as a Lender | | |
By: | | /s/ SCOTT D. KRASE
| | |
Name: | | Scott D. Krase | | |
Title: | | Authorized Signatory | | |
| | | | |
OAK HILL CREDIT PARTNERS II, LIMITED By: Oak Hill CLO Management II, LLC as Investment Manager , as a Lender | | |
By: | | /s/ SCOTT D. KRASE
| | |
Name: | | Scott D. Krase | | |
Title: | | Authorized Signatory | | |
OAK HILL CREDIT PARTNERS III, LIMITED By: Oak Hill CLO Management III, LLC as Investment Manager , as a Lender | | |
By: | | /s/ SCOTT D. KRASE
| | |
Name: | | Scott D. Krase | | |
Title: | | Authorized Signatory | | |
OCTAGON INVESTMENT PARTNERS VII, LTD. By: Octagon Credit Investors, LLC as collateral manager , as a Lender | | |
By: | | /s/ ANDREW D. GORDON
| | |
Name: | | Andrew D. Gordon | | |
Title: | | Portfolio Manager | | |
OCTAGON INVESTMENT PARTNERS II, LTD. By: Octagon Credit Investors, LLC as sub-investment manager , as a Lender | | |
By: | | /s/ ANDREW D. GORDON
| | |
Name: | | Andrew D. Gordon | | |
Title: | | Portfolio Manager | | |
| | | | |
OCTAGON INVESTMENT PARTNERS III, LTD. By: Octagon Credit Investors, LLC as Portfolio Manager , as a Lender | | |
By: | | /s/ ANDREW D. GORDON
| | |
Name: | | Andrew D. Gordon | | |
Title: | | Portfolio Manager | | |
OCTAGON INVESTMENT PARTNERS IV, LTD. By: Octagon Credit Investors, LLC as collateral manager , as a Lender | | |
By: | | /s/ ANDREW D. GORDON
| | |
Name: | | Andrew D. Gordon | | |
Title: | | Portfolio Manager | | |
OCTAGON INVESTMENT PARTNERS V, LTD. By: Octagon Credit Investors, LLC as Portfolio Manager , as a Lender | | |
By: | | /s/ ANDREW D. GORDON
| | |
Name: | | Andrew D. Gordon | | |
Title: | | Portfolio Manager | | |
OCTAGON INVESTMENT PARTNERS VI, LTD. By: Octagon Credit Investors, LLC as collateral manager , as a Lender | | |
By: | | /s/ ANDREW D. GORDON
| | |
Name: | | Andrew D. Gordon | | |
Title: | | Portfolio Manager | | |
| | | | |
HARBOUR VIEW CLO V, LTD. , as a Lender | | |
By: | | /s/ LISA CHAFFEE
| | |
Name: | | Lisa Chaffee | | |
Title: | | Manager | | |
HARBOUR VIEW CLO III, LTD. , as a Lender | | |
By: | | /s/ LISA CHAFFEE
| | |
Name: | | Lisa Chaffee | | |
Title: | | Manager | | |
OPPENHEIMER SENIOR FLOATING RATE FUND , as a Lender | | |
By: | | /s/ LISA CHAFFEE
| | |
Name: | | Lisa Chaffee | | |
Title: | | Manager | | |
SEABOARD CLO 2000 LTD. By: Babson Capital Management LLC as Collateral Manager , as a Lender | | |
By: | | /s/ DAVID P. WELLS, CFA
| | |
Name: | | David P. Wells, CFA | | |
Title: | | Managing Director | | |
ING PRIME RATE TRUST By: Aeltus Investment Management, Inc. as its investment manager | | |
By: | | /s/ JAMES E. GRIMES
| | |
Name: | | James E. Grimes | | |
Title: | | Vice President | | |
| | | | |
ING SENIOR INCOME FUND By: Aeltus Investment Management, Inc. as its investment manager | | |
By: | | /s/ JAMES E. GRIMES
| | |
Name: | | James E. Grimes | | |
Title: | | Vice President | | |
PILGRIM CLO 1999-1 LTD. By: ING Investments, LLC as its investment manager | | |
By: | | /s/ JAMES E. GRIMES
| | |
Name: | | James E. Grimes | | |
Title: | | Vice President | | |
SEQUILS—PILGRIM I, LTD By: ING Investments, LLC as its investment manager | | |
By: | | /s/ JAMES E. GRIMES
| | |
Name: | | James E. Grimes | | |
Title: | | Vice President | | |
PPM SHADOW CREEK FUNDING LLC , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
PPM SPYGLASS FUNDING TRUST , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Authorized Agent | | |
| | | | |
PPM MONARCH BAY FUNDING LLC , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
DRYDEN LEVERAGED LOANS CDO 2002-II By: Prudential Investment Management, Inc., as Collateral Manager , as a Lender | | |
By: | | /s/ GEORGE W. EDWARDS
| | |
Name: | | George W. Edwards | | |
Title: | | Principal | | |
DRYDEN IV LEVERAGED LOANS CDO 2003 By: Prudential Investment Management, Inc., as Collateral Manager , as a Lender | | |
By: | | /s/ GEORGE W. EDWARDS
| | |
Name: | | George W. Edwards | | |
Title: | | Principal | | |
LOAN FUNDING V, LLC By: Prudential Investment Management, Inc., as Portfolio Manager , as a Lender | | |
By: | | /s/ GEORGE W. EDWARDS
| | |
Name: | | George W. Edwards | | |
Title: | | Principal | | |
| | | | |
BOSTON HARBOR CLO 2004-1, LTD. , as a Lender | | |
By: | | see following page
| | |
Name: | | | | |
Title: | | | | |
BOSTON HARBOR CLO 2004-1, LTD. | | |
By: | | /s/ BETH MAZOR
| | |
Name: | | Beth Mazor | | |
Title: | | V.P. | | |
VERITAS CLO I, LTD , as a Lender | | |
By: | | /s/ JOHN RANDOLPH WAHANS
| | |
Name: | | John Randolph Wahans | | |
Title: | | Executive Vice President | | |
FOXE BASIN CLO 2003, LTD. By: Royal Bank of Canada as Collateral Manager | | |
By: | | /s/ MELISSA MARANO
| | |
Name: | | Melissa Marano | | |
Title: | | Authorized Signatory | | |
HUDSON STRAITS CLO 2004, LTD. By: Royal Bank of Canada as Collateral Manager | | |
By: | | /s/ MELISSA MARANO
| | |
Name: | | Melissa Marano | | |
Title: | | Authorized Signatory | | |
| | | | |
REGIMENT CAPITAL, LTD By: Regiment Capital Management, LLC as its Investment Advisor By: Regiment Capital Advisors, LLC its Manager and pursuant to delegated authority | | |
By: | | /s/ TIMOTHY S. PETERSON
| | |
Name: | | Timothy S. Peterson | | |
Title: | | President | | |
SEQUILS-GLACE BAY, LTD. By: Royal Bank of Canada as Collateral Manager | | |
By: | | /s/ MELISSA MARANO
| | |
Name: | | Melissa Marano | | |
Title: | | Authorized Signatory | | |
SAGAMORE CLO LTD. By: INVESCO Senior Secured Management, Inc. As Collateral Manager | | |
By: | | /s/ THOMAS H. B. EWALD
| | |
Name: | | Thomas H. B. Ewald | | |
Title: | | Authorized Signatory | | |
SENECA CBO IV, LIMITED By: Seneca Capital Management LLC as Portfolio Manager , as a Lender | | |
By: | | /s/ WARREN GOODRICH
| | |
Name: | | Warren Goodrich | | |
Title: | | Analyst | | |
| | | | |
HAMILTON CDO, LTD. By: Stanfield Capital Partners LLC As Its Collateral Manager , as a Lender | | |
By: | | /s/ CHRISTOPHER A. BONDY
| | |
Name: | | Christopher A. Bondy | | |
Title: | | Partner | | |
STANFIELD ARBITRAGE CDO, LTD. By: Stanfield Capital Partners LLC as its Collateral Manager , as a Lender | | |
By: | | /s/ CHRISTOPHER A. BONDY
| | |
Name: | | Christopher A. Bondy | | |
Title: | | Partner | | |
STANFIELD CARRERA CDO, LTD. By: Stanfield Capital Partners LLC as its Asset Manager , as a Lender | | |
By: | | /s/ CHRISTOPHER A. BONDY
| | |
Name: | | Christopher A. Bondy | | |
Title: | | Partner | | |
STANFIELD CLO LTD. By: Stanfield Capital Partners LLC as its Collateral Manager , as a Lender | | |
By: | | /s/ CHRISTOPHER A. BONDY
| | |
Name: | | Christopher A. Bondy | | |
Title: | | Partner | | |
| | | | |
STANFIELD QUATTRO CLO, LTD. By: Stanfield Capital Partners LLC As Its Collateral Manager , as a Lender | | |
By: | | /s/ CHRISTOPHER A. BONDY
| | |
Name: | | Christopher A. Bondy | | |
Title: | | Partner | | |
STANFIELD/RMF TRANSATLANTIC CDO LTD. By: Stanfield Capital Partners LLC as its Collateral Manager , as a Lender | | |
By: | | /s/ CHRISTOPHER A. BONDY
| | |
Name: | | Christopher A. Bondy | | |
Title: | | Partner | | |
WINDSOR LOAN FUNDING, LIMITED By: Stanfield Capital Partners LLC as its Investment Manager , as a Lender | | |
By: | | /s/ CHRISTOPHER A. BONDY
| | |
Name: | | Christopher A. Bondy | | |
Title: | | Partner | | |
XL RE LTD. By: Stanfield Capital Partners LLC as its Collateral Manager , as a Lender | | |
By: | | /s/ CHRISTOPHER A. BONDY
| | |
Name: | | Christopher A. Bondy | | |
Title: | | Partner | | |
| | | | |
AURUM CLO 2002-1 LTD. By: Columbia Management Advisors, Inc., as Investment Manager , as a Lender | | |
By: | | /s/ THOMAS B. BOUCHARD
| | |
Name: | | Thomas B. Bouchard | | |
Title: | | V.P. | | |
SRF 2000, INC. , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
SRF TRADING, INC. , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
STEIN ROE & FARNHAM CLO 1 LTD. By: Columbia Management Advisors, Inc., as Portfolio Manager , as a Lender | | |
By: | | /s/ THOMAS B. BOUCHARD
| | |
Name: | | Thomas B. Bouchard | | |
Title: | | V.P. | | |
STONE TOWER CLO LTD By: Stone Tower Debt Advisors LLC as its Collateral Manager | | |
By: | | /s/ W. ANTHONY EDSON
| | |
Name: | | W. Anthony Edson | | |
Title: | | Authorized Signatory | | |
| | | | |
GRANITE VENTURES I LTD By: Stone Tower Debt Advisors LLC as their Collateral Manager | | |
By: | | /s/ W. ANTHONY EDSON
| | |
Name: | | W. Anthony Edson | | |
Title: | | Authorized Signatory | | |
CREDIT OPPORTUNITIES FUNDING, INC. , as a Lender | | |
By: | | /s/ MEREDITH J. KOBLICK
| | |
Name: | | Meredith J. Koblick | | |
Title: | | Assistant Vice President | | |
FORTE CDO (CAYMAN) LTD By: Strong Capital Management, Inc. as Collateral Manager , as a Lender | | |
By: | | /s/ GILBERT L. SOUTHWELL, III
| | |
Name: | | Gilbert L. Southwell, III | | |
Title: | | Assistant Secretary | | |
STRONG HIGH YIELD BOND FUND , as a Lender | | |
By: | | /s/ GILBERT L. SOUTHWELL, III
| | |
Name: | | Gilbert L. Southwell, III | | |
Title: | | Assistant Secretary | | |
STRONG SHORT-TERM HIGH YIELD BOND FUND , as a Lender | | |
By: | | /s/ GILBERT L. SOUTHWELL, III
| | |
Name: | | Gilbert L. Southwell, III | | |
Title: | | Assistant Secretary | | |
| | | | |
FORTE II CDO (CAYMAN) LTD By: Strong Capital Management, Inc. as Collateral Manager , as a Lender | | |
By: | | /s/ GILBERT L. SOUTHWELL, III
| | |
Name: | | Gilbert L. Southwell, III | | |
Title: | | Assistant Secretary | | |
THE SUMITOMO TRUST AND BANKING CO., LTD. , as a Lender | | |
By: | | /s/ ELIZABETH A. QUIRK
| | |
Name: | | Elizabeth A. Quirk | | |
Title: | | Vice-President | | |
KZH RIVERSIDE LLC | | |
By: | | /s/ DORIAN HERRERA
| | |
Name: | | Dorian Herrera | | |
Title: | | Authorized Agent | | |
GALAXY III CLO, LTD. By: AIG Global Investment Corp. as Investment Advisor , as a Lender | | |
By: | | /s/ JOHN G. LAPHAM, III
| | |
Name: | | John G. Lapham, III | | |
Title: | | Managing Director | | |
| | | | |
SUNAMERICA SENIOR FLOATING RATE FUND INC. By: Stanfield Capital Partners LLC as subadvisor , as a Lender | | |
By: | | /s/ CHRISTOPHER A. BONDY
| | |
Name: | | Christopher A. Bondy | | |
Title: | | Partner | | |
NUVEEN SENIOR INCOME FUND By: Symphony Asset Management LLC , as a Lender | | |
By: | | /s/ LENNY MASON
| | |
Name: | | Lenny Mason | | |
Title: | | Portfolio Manager | | |
NUVEEN DIVERSIFIED DIVIDEND AND INCOME FUND By: Symphony Asset Management LLC , as a Lender | | |
By: | | /s/ LENNY MASON
| | |
Name: | | Lenny Mason | | |
Title: | | Portfolio Manager | | |
NUVEEN FLOATING RATE FUND By: Symphony Asset Management LLC , as a Lender | | |
By: | | /s/ LENNY MASON
| | |
Name: | | Lenny Mason | | |
Title: | | Portfolio Manager | | |
| | | | |
NUVEEN TAX-ADVANTAGED TOTAL RETURN STRATEGY FUND By: Symphony Asset Management LLC , as a Lender | | |
By: | | /s/ LENNY MASON
| | |
Name: | | Lenny Mason | | |
Title: | | Portfolio Manager | | |
CITICORP INSURANCE AND INVESTMENT TRUST By: Travelers Asset Management International Company LLC , as a Lender | | |
By: | | /s/ JOHN A. WILLS
| | |
Name: | | John A. Wills | | |
Title: | | Investment Officer | | |
CITIGROUP INVESTMENTS CORPORATE LOAN FUND INC. By: Travelers Asset Management International Company LLC , as a Lender | | |
By: | | /s/ MAURA K. CONNOR
| | |
Name: | | Maura K. Connor | | |
Title: | | Vice President | | |
COLUMBUS LOAN FUNDING LTD. By: Travelers Asset Management International Company LLC , as a Lender | | |
By: | | /s/ MAURA K. CONNOR
| | |
Name: | | Maura K. Connor | | |
Title: | | Vice President | | |
| | | | |
THE TRAVELERS INSURANCE COMPANY , as a Lender | | |
By: | | /s/ JOHN A. WILLS
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Name: | | John A. Wills | | |
Title: | | Investment Officer | | |
APEX (TRIMARAN) CDO I, LTD. By: Trimaran Advisors, L.L.C. , as a Lender | | |
By: | | /s/ DAVID M. MILLISON
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Name: | | David M. Millison | | |
Title: | | Managing Director | | |
SAWGRASS TRADING LLC , as a Lender | | |
By: | | /s/ MEREDITH J. KOSLICK
| | |
Name: | | Meredith J. Koslick | | |
Title: | | Assistant Vice President | | |
C-SQUARED CDO LTD. By: TCW Advisors, Inc., as its Portfolio Manager | | |
By: | | /s/ JONATHAN R. INSULL
| | |
Name: | | Jonathan R. Insull | | |
Title: | | Managing Director | | |
By: | | /s/ G. STEVEN KALIN
| | |
Name: | | G. Steven Kalin | | |
Title: | | Senior Vice President | | |
KZH CRESCENT-2 LLC | | |
By: | | /s/ DORIAN HERRERA
| | |
Name: | | Dorian Herrera | | |
Title: | | Authorized Agent | | |
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KZH CRESCENT-3 LLC | | |
By: | | /s/ DORIAN HERRERA
| | |
Name: | | Dorian Herrera | | |
Title: | | Authorized Agent | | |
LOAN FUNDING 1 LLC, a wholly owned subsidiary of Citibank, N.A. By: TCW Advisors, Inc., as portfolio manager of Loan Funding I LLC | | |
By: | | /s/ G. STEVEN KALIN
| | |
Name: | | G. Steven Kalin | | |
Title: | | Senior Vice President | | |
By: | | /s/ JONATHAN R. INSULL
| | |
Name: | | Jonathan R. Insull | | |
Title: | | Managing Director | | |
TCW SELECT LOAN FUND, LIMITED By: TCW Advisors, Inc. as its Collateral Manager | | |
By: | | /s/ G. STEVEN KALIN
| | |
Name: | | G. Steven Kalin | | |
Title: | | Senior Vice President | | |
By: | | /s/ JONATHAN R. INSULL
| | |
Name: | | Jonathan R. Insull | | |
Title: | | Managing Director | | |
CELERITY CLO LIMITED By: TCW Advisors, Inc., As Agent | | |
By: | | /s/ G. STEVEN KALIN
| | |
Name: | | G. Steven Kalin | | |
Title: | | Senior Vice President | | |
By: | | /s/ JONATHAN R. INSULL
| | |
Name: | | Jonathan R. Insull | | |
Title: | | Managing Director | | |
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UBS AG. STAMFORD BRANCH , as a Lender | | |
By: | | /s/ ANTHONY N. JOSEPH
| | |
Name: | | Anthony N. Joseph | | |
Title: | | Associate Director Banking Products Services, US | | |
By: | | /s/ SAILOZ SIKKA
| | |
Name: | | Sailoz Sikka | | |
Title: | | Associate Director Banking Products Services, US | | |
VAN KAMPEN SENIOR INCOME TRUST By: Van Kampen Investment Advisory Corp. | | |
By: | | /s/ CHRISTINA JAMIESON
| | |
Name: | | Christina Jamieson | | |
Title: | | Executive Director | | |
VAN KAMPEN SENIOR LOAN FUND By: Van Kampen Investment Advisory Corp. | | |
By: | | /s/ CHRISTINA JAMIESON
| | |
Name: | | Christina Jamieson | | |
Title: | | Executive Director | | |
WEBSTER BANK, NATIONAL ASSOCIATION , as a Lender | | |
By: | | /s/ ROBERT E. MEDITZ
| | |
Name: | | Robert E. Meditz | | |
Title: | | Vice President | | |
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WESTERN ASSET FLOATING RATE HIGH INCOME FUND , as a Lender | | |
By: | | /s/ T. LITTEL
| | |
Name: | | T. Littel | | |
Title: | | | | |
WHITEHOUSE I, LTD By: WhiteHouse Capital Partners, LP Collateral Manager , as a Lender | | |
By: | | /s/ JAY CAWELL
| | |
Name: | | Jay Cawell | | |
Title: | | Portfolio Manager | | |
FOREST HILLS BLOCKER LTD. , as a Lender | | |
By: | | /s/ JODYE M. ANZALOTTA
| | |
Name: | | Jodye M. Anzalotta | | |
Title: | | Attorney-in-Fact | | |
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FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT