Exhibit 10.7
AMENDMENT No. 6, dated as of August 9, 2013 (this “Amendment”), to the Credit Agreement, dated as of December 1, 2009, among SEAWORLD PARKS & ENTERTAINMENT, INC. (f/k/a SW ACQUISITIONS CO., INC.), a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent (the “Administrative Agent”) and Collateral Agent (the “Collateral Agent”), BANK OF AMERICA, N.A., as L/C Issuer and Swing Line Lender, DEUTSCHE BANK SECURITIES INC. and BARCLAYS BANK PLC, as co-syndication agents (collectively, in such capacity, and together with their successors, the “Syndication Agents”), MIZUHO CORPORATE BANK, LTD., as documentation agent (the “Documentation Agent”), MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED and DEUTSCHE BANK SECURITIES INC., as Joint LEAD ARRANGERS AND MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, BARCLAYS CAPITAL and DEUTSCHE BANK SECURITIES INC., as Joint Bookrunners (as amended by Amendment No. 1, dated as of February 17, 2011, as further amended by Amendment No. 2, dated as of April 15, 2011, as further amended by Amendment No. 3, dated as of March 30, 2012, as further amended by Amendment No. 4, dated as of April 24, 2013, as further amended by Amendment No. 5, effective as of May 14, 2013, and as further amended, restated, modified and supplemented from time to time, the “Credit Agreement”); capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement.
WHEREAS, the Borrower desires to amend the Credit Agreement on the terms set forth herein;
WHEREAS, Section 10.01 of the Credit Agreement provides that the relevant Loan Parties and the Required Lenders may amend the Credit Agreement and the other Loan Documents for certain purposes;
NOW, THEREFORE, in consideration of the premises contained herein and for other 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.Amendment. Subject to and upon the satisfaction of the conditions set forth in Section 3 hereof on the Amendment No. 6 Effective Date (as defined below), the Credit Agreement is hereby amended as follows:
(a) Clause (vi) of the definition of “Consolidated EBITDA” in Section 1.01 shall be amended and restated in its entirety as follows:
the amount of management, monitoring, consulting and advisory fees and related expenses paid or accrued to the Investors or their Affiliates (or management companies) under the Investor Management Agreement, including any termination fee in respect of such Investor Management Agreement,
Section 2.Representations and Warranties, No Default. The Borrower hereby represents and warrants that as of the Amendment No. 6 Effective Date, after giving effect to this Amendment, (i) no Default or Event of Default exists and is continuing and (ii) all representations and warranties contained in the Credit Agreement are true and correct in all material respects on and as of the date hereof, as though made on and as of the date hereof, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they were true and correct in all material respects as of such earlier date (provided that representations and warranties that are qualified by materiality are true and correct (after giving effect to any qualification thereof) in all respects on and as of the date hereof).
Section 3.Effectiveness. This Amendment shall become effective on the date (such date, if any, the “Amendment No. 6 Effective Date”) on which each of the following conditions have been satisfied:
(i)Consents. The Administrative Agent shall have received executed signature pages hereto from Lenders constituting the Required Lenders (each such Lender a “Consenting Lender”) and each Loan Party;
(ii)Fees. The Administrative Agent shall have received all expenses for which reasonably detailed invoices have been presented (including the reasonable fees and expenses of a single legal counsel), on or before the Amendment No. 6 Effective Date;
(iii)Officer’s Certificate. The Administrative Agent shall have received a certificate of a Responsible Officer of the Borrower dated the Amendment No. 6 Effective Date certifying that that (a) all representations and warranties shall be true and correct in all material respects on and as of the Amendment No. 6 Effective Date (although any representations and warranties (i) which expressly relate to a given date or period shall be required to be true and correct in all material respects as of the respective date or for the respective period, as the case may be and (ii) that are qualified by materiality are true and correct (after giving effect to any qualification thereof) in all respects on and as of the date hereof), before and after giving effect to the borrowing and to the application of the proceeds therefrom, as though made on and as of such date and (b) no Event of Default or event which with the giving of notice or lapse of time or both would be an Event of Default, shall have occurred and be continuing.
Section 4.Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto on separate counterparts, each of which when so executed and delivered shall be deemed to be an original, but all of which when taken together shall constitute a single instrument. Delivery of an executed counterpart of a signature page of this Amendment by facsimile or any other electronic transmission shall be effective as delivery of a manually executed counterpart hereof.
Section 5.Applicable Law.
(a)THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.
(b)ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THIS AMENDMENT OR IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO THIS AMENDMENT, OR THE TRANSACTIONS RELATED THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, MAY BE BROUGHT IN THE COURTS OF THE STATE OF NEW YORK SITTING IN THE BOROUGH OF MANHATTAN IN NEW YORK CITY OR OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF SUCH STATE SITTING IN THE BOROUGH OF MANHATTAN IN NEW YORK CITY, AND BY EXECUTION AND DELIVERY OF THIS AMENDMENT, EACH PARTY HERETO CONSENTS, FOR ITSELF AND IN RESPECT OF ITS PROPERTY, TO THE NON-EXCLUSIVE JURISDICTION OF THOSE COURTS. EACH PARTY HERETO IRREVOCABLY WAIVES ANY OBJECTION, INCLUDING ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OFFORUM NON CONVENIENS,WHICH IT MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY ACTION OR PROCEEDING IN SUCH JURISDICTION IN
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RESPECT OF THIS AMENDMENT OR ANY OTHER DOCUMENT RELATED HERETO. EACH PARTY HERETO IRREVOCABLY CONSENTS TO SERVICE OF PROCESS IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AMENDMENT IN THE MANNER PROVIDED FOR NOTICES (OTHER THAN TELECOPIER) IN SECTION 10.02 OF THE CREDIT AGREEMENT. NOTHING IN THIS AMENDMENT WILL AFFECT THE RIGHT OF ANY PARTY HERETO TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY APPLICABLE LAW.
Section 6.Headings. The headings of this Amendment are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.
Section 7.Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any other Agent or the Issuing Lenders, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Loan Party reaffirms its obligations under the Loan Documents to which it is party and the validity of the Liens granted by it pursuant to the Security Documents. This Amendment shall constitute a Loan Document for purposes of the Credit Agreement and from and after the Amendment No. 6 Effective Date, all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement,” “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Credit Agreement as amended hereby.
Section 8.WAIVER OF RIGHT TO TRIAL BY JURY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY TO THIS AMENDMENT HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER THIS AMENDMENT OR IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO THIS AMENDMENT, OR THE TRANSACTIONS RELATED THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER FOUNDED IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO THIS AMENDMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION 8 WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.
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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 above written.
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SEAWORLD PARKS & ENTERTAINMENT, INC. |
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By: | | /s/ James M. Heaney |
| | Name: James M. Heaney |
| | Title: Chief Financial Officer |
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SEAWORLD ENTERTAINMENT, INC. |
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By: | | /s/ James M. Heaney |
| | Name: James M. Heaney |
| | Title: Chief Financial Officer |
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SEAWORLD PARKS & ENTERTAINMENT LLC SEA WORLD OF TEXAS LLC SEA WORLD LLC SEAWORLD PARKS & ENTERTAINMENT INTERNATIONAL, INC. LANGHORNE FOOD SERVICES LLC SEA WORLD OF FLORIDA LLC |
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By: | | /s/ James M. Heaney |
| | Name: James M. Heaney |
| | Title: Chief Financial Officer |
[Signature Page to SP&E Amendment No. 6]
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SEAWORLD OF TEXAS HOLDINGS, LLC SEAWORLD OF TEXAS MANAGEMENT, LLC SEAWORLD OF TEXAS BEVERAGE, LLC |
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By: | | /s/ Daniel J. Decker |
| | Name: Daniel J. Decker Title: Manager |
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By: | | /s/ Daniel J. Decker |
| | Name: Daniel J. Decker Title: Manager |
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By: | | /s/ Daniel J. Decker |
| | Name: Daniel J. Decker Title: Manager |
[Signature Page to SP&E Amendment No. 6]
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BANK OF AMERICA, N.A., as Administrative Agent and a Consenting Lender |
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By: | | /s/ Joseph L. Corah |
| | Name: Joseph L. Corah |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
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BANK OF AMERICA, N.A., as a Consenting Lender |
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By: | | /s/ Joseph L. Corah |
| | Name: Joseph L. Corah |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ASFI LOAN FUNDING LLC as a Consenting Lender |
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By: | | Citibank N.A. |
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By: | | /s/ Paul Plank |
| | Name: Paul Plank |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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AZB FUNDING 2, as a Consenting Lender |
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By: | | /s/ Masaki Onuma |
| | Name: Masaki Onuma |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ALM X, LTD., as a Consenting Lender |
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By: | | Apollo Credit Management (CL), LLC, as its collateral manager |
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By: | | /s/ Joe Moroney |
| | Name: Joe Moroney |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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APOLLO AF LOAN TRUST 2012, as Consenting Lender |
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By: | | Apollo Credit Management (Senior Loans) II, LLC, as Portfolio Manager |
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By: | | /s/ Joe Moroney |
| | Name: Joe Moroney |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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APOLLO CREDIT FUNDING I LTD., as Consenting Lender |
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By: | | Apollo Fund Management LLC, as its Collateral Manager |
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By: | | /s/ Joe Moroney |
| | Name: Joe Moroney |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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APOLLO SK STRATEGIC INVESTMENTS, L.P., as a Consenting Lender |
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By: | | Apollo SK Strategic Advisors, L.P., its general partner |
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By: | | Apollo SK Strategic Advisors, LLC, its general partner |
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By: | | /s/ Joseph Glatt |
| | Name: Joseph Glatt |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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FALCON SENIOR LOAN FUND LTD., as a Consenting Lender |
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By: | | Apollo Fund Management LLC As Its Investment Manager |
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By: | | /s/ Joe Moroney |
| | Name: Joe Moroney |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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GULF STREAM – RASHINBAN CLO 2006-I, LTD., as a Consenting Lender |
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By: | | Gulf Stream Asset Management LLC, As Collateral Manager |
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By: | | /s/ Joe Moroney |
| | Name: Joe Moroney |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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| | | | | | LEVERAGESOURCE V S.A.R.L, as a Consenting Lender |
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| | | | | | By: | | /s/ Joe Moroney |
| | | | | | | | Name: Joe Moroney |
| | | | | | | | Title: Class A Manager |
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| | For any institution requiring | | | | By: | | /s/ Laurent Ricci |
| | a second signatory: | | | | | | Name: Laurent Ricci |
| | | | | | | | Title: Class B Manager |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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RAMPART CLO 2006-1 LTD., as a Consenting Lender |
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By: | | Apollo Debt Advisors LLC, as its Collateral Manager |
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By: | | /s/ Joe Moroney |
| | Name: Joe Moroney |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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RAMPART CLO 2007 LTD., as a Consenting Lender |
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By: | | Apollo Debt Advisors LLC, as its Collateral Manager |
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By: | | /s/ Joe Moroney |
| | Name: Joe Moroney |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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STONE TOWER CLO V LTD., as a Consenting Lender |
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By: | | Apollo Debt Advisors LLC, As its Collateral Manager |
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By: | | /s/ Joe Moroney |
| | Name: Joe Moroney |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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STONE TOWER LOAN TRUST 2010, as a Consenting Lender |
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By: | | Apollo Fund Management LLC, As its Investment Manager |
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By: | | /s/ Joe Moroney |
| | Name: Joe Moroney |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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STONE TOWER LOAN TRUST 2011, as a Consenting Lender |
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By: | | Apollo Fund Management LLC, As its Investment Advisor |
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By: | | /s/ Joe Moroney |
| | Name: Joe Moroney |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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TETON FUNDING, LLC, as a Consenting Lender |
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By: | | Sun Trust Bank, its Manager |
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By: | | /s/ Douglas Weltz |
| | Name: Douglas Weltz |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES ENHANCED LOAN INVESTMENT STRATEGY III, LTD, as a Consenting Lender |
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By: | | ARES ENHANCED LOAN INVESTMENT STRATEGY III, L.P., ITS PORTFOLIO MANAGER |
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By: | | ARES ENHANCED LOAN III GP, LLC, ITS GENERAL PARTNER |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES ENHANCED LOAN INVESTMENT STRATEGY IR, LTD, as a Consenting Lender |
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By: | | ARES ENHANCED LOAN INVESTMENT STRATEGY IR L.P., as Portfolio Manager |
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By: | | ARES ENHANCED LOAN IR GP. LLC, its General Partner |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES ENHANCED LOAN INVESTMENT STRATEGY IX, L.P., as a Consenting Lender |
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By: | | AELIS IX MANAGEMENT, LLC, its General Manager |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES IIIR/IVR CLO LTD, as a Consenting Lender |
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By: | | ARES CLO MANAGEMENT IIR/IVR, L.P., its Asset Manager |
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By: | | ARES CLO GP IIIR/IVR, LLC, its General Partner |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES INSTITUTIONAL LOAN FUND B.V., as a Consenting Lender |
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By: | | ARES MANAGEMENT LIMITED, as Manager |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES LOAN TRUST 2011, as a Consenting Lender |
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By: | | ARES MANAGEMENT LLC, its Investment Manager |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES NF CLO XIV LTD., as a Consenting Lender |
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By: | | ARES NF CLO XIV MANAGEMENT, L.P., its Collateral Manager |
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By: | | ARES NF CLO XIV MANAGEMENT LLC, its General Partners |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES SPC HOLDINGS, L.P., as a Consenting Lender |
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By: | | ARES SPC HOLDINGS GP LLC, General Partner |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES XI CLO LTD., as a Consenting Lender |
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By: | | ARES CLO MANAGEMENT XI, L.P., its Asset Manager |
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By: | | ARES CLO GP XI, LLC, its General Manager |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES XII CLO LTD., as a Consenting Lender |
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By: | | ARES CLO MANAGEMENT XII, L.P., its Asset Manager |
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By: | | ARES CLO GP XII, its General Partner |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES XVI CLO LTD., as a Consenting Lender |
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By: | | ARES CLO MANAGEMENT XVI, L.P., its Asset Manager |
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By: | | ARES CLO GP XVI, LLC, its General Partner |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES XXIII CLO LTD., as a Consenting Lender |
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By: | | ARES CLO MANAGEMENT XXIII, L.P., its Asset Manager |
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By: | | ARES CLO GP XXIII, LLC, its General Partner |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES XXIV CLO LTD., as a Consenting Lender |
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By: | | ARES CLO MANAGEMENT XXIV, L.P., its Asset Manager |
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By: | | ARES CLO GP XXIV, LLC, its General Partner |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES XXV CLO LTD., as a Consenting Lender |
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By: | | ARES CLO MANAGEMENT XXV, L.P., its Asset Manager |
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By: | | ARES CLO GP XXV, LLC, its General Partner |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES XXVI CLO LTD., as a Consenting Lender |
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By: | | ARES CLO MANAGEMENT XXVI, L.P., its Collateral Manager |
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By: | | ARES CLO GP XXVI, LLC, its General Partner |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARES XXVII CLO LTD., as a Consenting Lender |
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By: | | ARES CLO MANAGEMENT XXVII, L.P., its Asset Manager |
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By: | | ARES CLO GP XXVII, LLC, its General Partner |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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AVIVA STAFF PENSION SCHEME, as a Consenting Lender |
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By: | | ARES MANAGEMENT LIMITED, its Manager |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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COMMUNITY INSURANCE COMPANY, as a Consenting Lender |
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By: | | ARES WLP MANAGEMENT, L.P., its Investment Manager |
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By: | | ARES WLP MANAGEMENT GP, LLC, its General Partner |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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GLOBAL LOAN OPPORTUNITY FUND B.V., as a Consenting Lender |
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By: | | ARES MANAGEMENT LIMITED, its Portfolio Manager |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ONTARIO PUBLIC SERVICE EMPLOYEES UNION PENSION PLAN TRUST FUND, as a Consenting Lender |
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By: | | AELIS X MANAGEMENT, L.P., its Investment Counsel |
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By: | | AELIS X MANAGEMENT GP, LLC, its General Partner |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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PPF NOMINEE 1 B.V., as a Consenting Lender |
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By: | | ARES MANAGEMENT LIMITED, its Portfolio Manager |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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SEI INSTITUTIONAL INVESTMENTS TRUST – OPPORTUNISTIC INCOME FUND, as a Consenting Lender |
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By: | | ARES MANAGEMENT LLC, as Portfolio Manager |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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SEI INSTITUTIONAL MANAGED TRUST ENHANCED INCOME FUND, as a Consenting Lender |
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By: | | ARES MANAGEMENT LLC, as Sub-Adivosr |
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By: | | /s/ John Eanes |
| | Name: John Eanes |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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AMBITION TRUST 2009, as a Consenting Lender |
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By: | | BABSON CAPITAL MANAGEMENT LLC, as Investment Manager |
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By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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AMBITION TRUST 2011, as a Consenting Lender |
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By: | | BABSON CAPITAL MANAGEMENT LLC, as Investment Manager |
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By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ARROWOOD INDEMNITY COMPANY, as a Consenting Lender |
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By: | | BABSON CAPITAL MANAGEMENT LLC, as Investment Adviser |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
ARROWOOD INDEMNITY COMPANY AS ADMINISTRATOR FO THE PENSION PLAN OF ARROWOOD INDEMNITY COMPANY, as a Consenting Lender |
| |
By: | | BABSON CAPITAL MANAGEMENT LLC, as Investment Adviser |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BROWN BROTHERS HARRIMAN TRUST COMPANY (CAYMAN) LIMITED, acting solely in its capacity as Trustee of BABSON CAPITAL BANK LOAN FUND, a series trust of the Multi Manager Global Investment Trust, as a Consenting Lender |
| |
By: | | BABSON CAPITAL MANAGEMENT LLC, as Investment Manager and Attorney-in-fact |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
|
The foregoing is executed on behalf of the Babson Capital Bank Loan Fund, organized under a Supplemental Declaration of Trust dated as of June 10, 2013, as amended from time to time. The obligations of such Trust are not personally binding upon, nor shall resort be had to the property of the Trustee. The total liability of the Trustee shall be limited to the amount of the trust property. |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BABSON CLO LTD. 2006-II, as a Consenting Lender |
| |
By: | | BABSON CAPITAL MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BABSON CLO LTD. 2007-I, as a Consenting Lender |
| |
By: | | BABSON CAPITAL MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BABSON CLO LTD. 2011-I, as a Consenting Lender |
| |
By: | | BABSON CAPITAL MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BABSON CLO LTD. 2012-I, as a Consenting Lender |
| |
By: | | BABSON CAPITAL MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BABSON CLO LTD. 2013-I, as a Consenting Lender |
| |
By: | | BABSON CAPITAL MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BABSON MID-MARKET CLO LTD. 2007-II, as a Consenting Lender |
| |
By: | | BABSON CAPITAL MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
C.M. LIFE INSURANCE COMPANY, as a Consenting Lender |
| |
By: | | BABSON CAPITAL MANAGEMENT LLC, as Investment Adviser |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, as a Consenting Lender |
| |
By: | | BABSON CAPITAL MANAGEMENT LLC, as Investment Adviser |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
SAPPHIRE VALLEY CDO I. LTD., as a Consenting Lender |
| |
By: | | BABSON CAPITAL MANAGEMENT LLC, as Investment Manager |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
ST. JAMES RIVER CLO, LTD., as a Consenting Lender |
| |
By: | | BABSON CAPITAL MANAGEMENT LLC, as Investment Manager |
| |
By: | | /s/ Meredith F. Lynch |
| | Name: Meredith F. Lynch |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BANK OF AMERICA, N.A., as a Consenting Lender |
| |
By: | | /s/ Joseph L. Corah |
| | Name: Joseph L. Corah |
| | Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BANK OF THE CASCADES, as a Consenting Lender |
| |
By: | | /s/ Dan Lee |
| | Name: Dan Lee |
| | Title: EVP, Chief Credit Officer |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BARCLAYS BANK PLC, as a Consenting Lender |
| |
By: | | /s/ Irina Dimova |
| | Name: Irina Dimova |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BLACK DIAMOND CLO 2012-1 LTD., as a Consenting Lender |
| |
By: | | BLACK DIAMOND CLO 2012-1 ADVISER, L.L.C., as its Portfolio Manager |
| |
By: | | /s/ Stephen H. Deckoff |
| | Name: Stephen H. Deckoff |
| | Title: Managing Principal |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
AETNA HEALTH INC., as a Consenting Lender |
| |
By: | | BLACKROCK INVESTMENT MANAGEMENT, LLC, its Investment Manager |
| |
By: | | /s/ Dale Fieffe |
| | Name: Dale Fieffe |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
AETNA HEALTH MANAGEMENT, LLC, as a Consenting Lender |
| |
By: | | BLACKROCK INVESTMENT MANAGEMENT, LLC, its Investment Manager |
| |
By: | | /s/ Dale Fieffe |
| | Name: Dale Fieffe |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
AETNA LIFE INSURANCE COMPANY, as a Consenting Lender |
| |
By: | | BLACKROCK INVESTMENT MANAGEMENT, LLC, its Investment Manager |
| |
By: | | /s/ Dale Fieffe |
| | Name: Dale Fieffe |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BLACKROCK SENIOR INCOME SERIES IV , as a Consenting Lender |
| |
By: | | BLACKROCK FINANCIAL MANAGEMENT, INC., |
| |
By: | | /s/ Dale Fieffe |
| | Name: Dale Fieffe |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BLACKROCK SENIOR INCOME SERIES V LIMITED, as a Consenting Lender |
| |
By: | | BLACKROCK FINANCIAL MANAGEMENT, INC., its Collateral Manager |
| |
By: | | /s/ Dale Fieffe |
| | Name: Dale Fieffe |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
HOUSTON CASUALTY COMPANY, as a Consenting Lender |
| |
By: | | BLACKROCK INVESTMENT MANAGEMENT, LLC, its Investment Manger |
| |
By: | | /s/ Dale Fieffe |
| | Name: Dale Fieffe |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
SCOR GLOBAL LIFE AMERICAS REINSURANCE COMPANY, as a Consenting Lender |
| |
By: | | BLACKROCK FINANCIAL MANAGEMENT, INC., its Investment Manger |
| |
By: | | /s/ Dale Fieffe |
| | Name: Dale Fieffe |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
SCOR REINSURANCE COMPANY, as a Consenting Lender |
| |
By: | | BLACKROCK FINANCIAL MANAGEMENT, INC., its Investment Manger |
| |
By: | | /s/ Dale Fieffe |
| | Name: Dale Fieffe |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
U.S. SPECIALTY INSURANCE COMPANY, as a Consenting Lender |
| |
By: | | BLACKROCK INVESTMENT MANAGEMENT, LLC, its Investment Manger |
| |
By: | | /s/ Dale Fieffe |
| | Name: Dale Fieffe |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BLUEMOUNTAIN CLO 2012-2 LTD., as a Consenting Lender |
| |
By: | | BLUEMOUNTAIN CAPITAL MANAGEMENT, LLC, its Collateral Manager |
| |
By: | | /s/ David Finn |
| | Name: David Finn |
| | Title: Operations Analyst |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BLUEMOUNTAIN CLO 2013-2 LTD., as a Consenting Lender |
| |
By: | | BLUEMOUNTAIN CAPITAL MANAGEMENT, LLC, its Collateral Manager |
| |
By: | | /s/ David Finn |
| | Name: David Finn |
| | Title: Operations Analyst |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BATTALION CLO III LTD., as a Consenting Lender |
| |
By: | | BRIGADE CAPITAL MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Peter Park |
| | Name: Peter Park |
| | Title: Associate |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CALLIDUS DEBT PARTNERS CLO FUND VI, LTD., as a Consenting Lender |
| |
By: | | GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLC, as Collateral Manger |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CALLIDUS DEBT PARTNERS CLO FUND VII, LTD., as a Consenting Lender |
| |
By: | | GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLC, as Collateral Manger |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CARLYLE HIGH YIELD PARTNERS IX, LTD., as a Consenting Lender |
| |
By: | | /s/ Linda Pace |
| | Name: Linda Pace |
| | Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CARLYLE HIGH YIELD PARTNERS VIII, LTD., as a Consenting Lender |
| |
By: | | /s/ Linda Pace |
| | Name: Linda Pace |
| | Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CARLYLE HIGH YIELD PARTNERS X, LTD., as a Consenting Lender |
| |
By: | | /s/ Linda Pace |
| | Name: Linda Pace |
| | Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CARLYLE McLAREN CLO, LTD. as a Consenting Lender |
| |
By: | | /s/ Linda Pace |
| | Name: Linda Pace |
| | Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CITIBANK, N.A., as a Consenting Lender |
| |
By: | | /s/ Keith Lukasavich |
| | Name: Keith Lukasavich |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CITY NATIONAL BANK OF FLORIDA, as a Consenting Lender |
| |
By: | | /s/ Tyler P. Kurau |
| | Name: Tyler P. Kurau |
| | Title: Regional Executive |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CENT CDO 12 LIMITED, as a Consenting Lender |
| |
By: | | COLUMBIA MANAGEMENT INVESTMENT ADVISERS, LLC, as Collateral Manager |
| |
By: | | /s/ Donna D. Emmett |
| | Name: Donna D. Emmett |
| | Title: Assistant Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CENT CDO 14 LIMITED, as a Consenting Lender |
| |
By: | | COLUMBIA MANAGEMENT INVESTMENT ADVISERS, LLC, as Collateral Manager |
| |
By: | | /s/ Donna D. Emmett |
| | Name: Donna D. Emmett |
| | Title: Assistant Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CENT CDO 15 LIMITED, as a Consenting Lender |
| |
By: | | COLUMBIA MANAGEMENT INVESTMENT ADVISERS, LLC, as Collateral Manager |
| |
By: | | /s/ Donna D. Emmett |
| | Name: Donna D. Emmett |
| | Title: Assistant Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CENT CDO 17 LIMITED, as a Consenting Lender |
| |
By: | | COLUMBIA MANAGEMENT INVESTMENT ADVISERS, LLC, as Collateral Manager |
| |
By: | | /s/ Donna D. Emmett |
| | Name: Donna D. Emmett |
| | Title: Assistant Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CENTURION CDO 9 LIMITED, as a Consenting Lender |
| |
By: | | COLUMBIA MANAGEMENT INVESTMENT ADVISERS, LLC, as Collateral Manager |
| |
By: | | /s/ Donna D. Emmett |
| | Name: Donna D. Emmett |
| | Title: Assistant Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | | | | | |
| | | | CREDIT INDUSTRIEL ET COMMERCIAL, as a Consenting Lender |
| | | |
| | | | By: | | /s/ Marcus Edward |
| | | | | | Name: Marcus Edward |
| | | | | | Title: Managing Director |
| | | |
For any institution requiring a second signatory: | | | | By: | | /s/ Brian O’Leary |
| | | | | Name: Brian O’Leary |
| | | | | | Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
AUSTRALIANSUPER, as a Consenting Lender |
| |
By: | | Credit Suisse Asset Management, LLC, as sub-advisor to Bentham Asset Management Pty Ltd. In its capacity as agent of and investment, Manager for AustralianSuper Pty Ltd. In its capacity as trustee of AustralianSuper |
| |
By: | | /s/ Thomas Flannery |
| | Name: Thomas Flannery |
| | Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
THE CITY OF NEW YORK GROUP TRUST, as a Consenting Lender |
| |
By: | | Credit Suisse Asset Management, LLC, as its Manager |
| |
By: | | /s/ Thomas Flannery |
| | Name: Thomas Flannery |
| | Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CREDIT SUISSE LOAN FUNDING LLC, as a Consenting Lender |
| |
By: | | /s/ Robert Healey |
| | Name: Robert Healey |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CREDIT SUISSE NOVA (LUX), as a Consenting Lender |
| |
By: | | Credit Suisse Asset management, LLC or Credit Suisse Asset Management Limited, each as Co-Investment Adviser to Credit Suisse Fund Management S.A., management company for Credit Suisse Nova (Lux) |
| |
By: | | /s/ Thomas Flannery |
| | Name: Thomas Flannery |
| | Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
IHC HEALTH SERVICES, INC., as a Consenting Lender |
| |
By: | | CREDIT SUISSE ASSET MANAGEMENT, LLC, as Investment Manager |
| |
By: | | /s/ Thomas Flannery |
| | Name: Thomas Flannery |
| | Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
IHC PENSION PLAN DIRECTED TRUST, as a Consenting Lender |
| |
By: | | CREDIT SUISSE ASSET MANAGEMENT, LLC, as Investment Manager |
| |
By: | | /s/ Thomas Flannery |
| | Name: Thomas Flannery |
| | Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
EAST WEST BANK, as a Consenting Lender |
| |
By: | | /s/ Martin Kim |
| | Name: Martin Kim |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
AGF FLOATING RATE INCOME FUND, as a Consenting Lender |
| |
By: | | Eaton Vance Management as Portfolio Manager |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
COLUMBIA FUNDS VARIABLE SERIES TRUST II – VARIABLE PORTFOLIO – EATON VANCE FLOATING-RATE INCOME FUND, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Sub-Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
EATON VANCE CDO VII PLC, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Interim Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
EATON VANCE CDO VIII, LTD., as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
EATON VANCE CDO X PLC, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
EATON VANCE FLOATING-RATE INCOME TRUST, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
EATON VANCE INSTITUTIONAL SENIOR LOAN FUND as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
EATON VANCE INTERNATIONAL (CAYMAN ISLANDS) FLOATING-RATE INCOME PORTFOLIO, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
EATON VANCE LIMITED DURATION INCOME FUND, as a Consenting Lender |
|
By: EATON VANCE MANAGEMENT, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
EATON VANCE SENIOR FLOATING-RATE TRUST, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
EATON VANCE SENIOR INCOME TRUST, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
EATON VANCE SHORT DURATION DIVERSIFIED INCOME FUND, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
EATON VANCE VT FLOATING-RATE INCOME FUND, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
INNOVATION TRUST 2009, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
INNOVATION TRUST 2011, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
MET INVESTORS SERIES TRUST – MET/EATON VANCE FLOATING RATE PORTFOLIO, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Sub-Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
PACIFIC SELECT FUND FLOATING RATE LOAN PORTFOLIO as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Sub-Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
PACIFIC SELECT FUND FLOATING RATE LOAN PORTFOLIO, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Sub-Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
PACIFIC LIFE FUNDS-PL FLOATING RATE LOAN FUND, as a Consenting Lender |
| |
By: | | EATON VANCE MANAGEMENT, as Investment Sub-Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
SENIOR DEBT PORTFOLIO as a Consenting Lender |
| |
By: | | BOSTON MANAGEMENT AND RESEARCH, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
GRAYSON & CO, as a Consenting Lender |
| |
By: | | BOSTON MANAGEMENT AND RESEARCH, as Investment Advisor |
| |
By: | | /s/ Michael B. Botthof |
| | Name: Michael B. Botthof |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
FIDELITY AMERICAN HIGH YIELD FUND, for FIDELITY INVESTMENTS CANADA ULC as Trustee of FIDELITY AMERICAN HIGH YIELD FUND, as a Consenting Lender |
| |
By: | | /s/ Joe Zambello |
| | Name: Joe Zambello |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
FIDELITY SUMMER STREET TRUST: FIDELITY GLOBAL HIGH INCOME FUND, as a Consenting Lender |
| |
By: | | /s/ Joseph Zambello |
| | Name: Joseph Zambello |
| | Title: Deputy Treasurer |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
FIFTH THIRD BANK, An Ohio Banking Corporation, as a Consenting Lender |
| |
By: | | /s/ John A. Marian |
| | Name: John A. Marian |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
FLORIDA COMMUNITY BANK, N.A., as a Consenting Lender |
| |
By: | | /s/ James E. Baiter |
| | Name: James E. Baiter |
| | Title: EVP & CCO |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
FRANKLIN CLO V LTD., as a Consenting Lender |
| |
By: | | /s/ Alex Guang Yu |
| | Name: Alex Guang Yu |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
FRANKLIN FLOATING RATE MASTER TRUST – FRANKLIN FLOATING RATE MASTER SERIES., as a Consenting Lender |
| |
By: | | /s/ Madeline Lam |
| | Name: Madeline Lam |
| | Title: Assistant Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
GOLDMAN SACHS ASSET MANAGEMENT CLO, PUBLIC LIMITED COMPANY., as a Consenting Lender |
| |
By: | | GOLDMAN SACHS ASSET MANAGER, L.P., as Manger, as a Consenting Lender |
| |
By: | | /s/ Vini Kurreja |
| | Name: Vini Kurreja |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
GOLDMAN SACHS BANK USA, as a Consenting Lender |
| |
By: | | /s/ Michelle Latzoni |
| | Name: Michelle Latzoni |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
GOTHAM INSURANCE COMPANY., as a Consenting Lender |
| |
By: | | GOLDMAN SACHS ASSET MANAGEMENT, L.P., |
| | solely as its investment advisor and not as principal, as a Consenting Lender |
| |
By: | | /s/ Vini Kukreja |
| | Name: Vini Kukreja |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
NEW YORK MARINE AND GENERAL INSURANCE COMPANY., as a Consenting Lender |
| |
By: | | GOLDMAN SACHS ASSET MANAGEMENT, L.P., |
| | solely as its investment advisor and not as principal, as a Consenting Lender |
| |
By: | | /s/ Vini Kukreja |
| | Name: Vini Kukreja |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
NORTHROP GRUMMAN PENSION MASTER TRUST, as a Consenting Lender |
| |
By: | | GOLDMAN SACHS ASSET MANAGEMENT, L.P., |
| | solely as its investment advisor and not as principal, as a Consenting Lender |
| |
By: | | /s/ Vini Kukreja |
| | Name: Vini Kukreja |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
TORUS INSURANCE HOLDINGS LIMITED, as a Consenting Lender |
| |
By: | | GOLDMAN SACHS ASSET MANAGEMENT, L.P., |
| | solely as its investment advisor and not as principal, as a Consenting Lender |
| |
By: | | /s/ Vini Kukreja |
| | Name: Vini Kukreja |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
UNITED HEALTHCARE INSURANCE COMPANY, as a Consenting Lender |
| |
By: | | GSO CAPITAL ADVISORS LLC, as Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CALLIDUS DEBT PARTNERS CLO FUND V, as a Consenting Lender |
| |
By: | | GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
CENTRAL PARK CLO, LTD., as a Consenting Lender |
| |
By: | | GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
FINN SQUARE CLO, LTD., as a Consenting Lender |
| |
By: | | GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
GALE FORCE 3 CLO, LTD., as a Consenting Lender |
| |
By: | | GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
GRAMERCY PARK CLO LTD., as a Consenting Lender |
| |
By: | | GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
GSO PALMETTO LIQUIDITY FUND LLC, as a Consenting Lender |
| |
By: | | GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLC, as Investment Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
INWOOD PARK CDO LTD., as a Consenting Lender |
| |
By: | | BLACKSTONE DEBT ADVISORS LP,
as Collateral Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
MAPS CLO FUND II, LTD., as a Consenting Lender |
| |
By: | | GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
MARINE PARK CLO LTD., as a Consenting Lender |
| |
By: | | GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLC, as Collateral Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
MASASHI SECURED CREDIT FUND LTD., as a Consenting Lender |
| |
By: | | GSO CAPITAL ADVISORS LLC, as Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
PROSPECT PARK CDO LTD., as a Consenting Lender |
| |
By: | | BLACKSTONE DEBT ADVISORS L.P., as Collateral Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
SUN LIFE ASSURANCE COMPANY OF CANADA (US), as a Consenting Lender |
| |
By: | | GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLC,
as Sub-Advisor |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
SUNSUPER POOLED SUPERANNUATION TRUST, as a Consenting Lender |
| |
By: | | GSO CAPITAL PARTNERS LP, its Investment Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
UNITED HEALTHCARE INSURANCE COMPANY, as a Consenting Lender |
| |
By: | | GSO CAPITAL ADVISOS II LLC, as Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
HIGHBRIDGE LOAN MANAGEMENT 2012-1, LTD., as a Consenting Lender |
| |
By: | | HIGHBRIDGE PRINCIPAL STRATEGIES LLC, its Investment Manager |
| |
By: | | /s/ Jamie Donsky |
| | Name: Jamie Donsky |
| | Title: Senior Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
RENAISSANCE TRUST 2009, as a Consenting Lender |
| |
By: | | HIGHBRIDGE PRINCIPAL STRATEGIES LLC, its Sub-Investment Manager |
| |
By: | | /s/ Jamie Donsky |
| | Name: Jamie Donsky |
| | Title: Senior Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
HILLMARK FUNDING LTD., as a Consenting Lender |
| |
By: | | HILLMARK CAPITAL MANAGEMENT, L.P., as Collateral Manager, as Lender |
| |
By: | | /s/ Mark Gold |
| | Name: Mark Gold |
| | Title: CEO |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
STONEY LANE FUNDING I, LTD., as a Consenting Lender |
| |
By: | | HILLMARK CAPITAL MANAGEMENT, L.P., as Collateral Manager, as Lender |
| |
By: | | /s/ Mark Gold |
| | Name: Mark Gold |
| | Title: CEO |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
JPMORGAN CHASE BANK, N.A., as a Consenting Lender |
| |
By: | | /s/ John A. Horst |
| | Name: John A. Horst |
| | Title: Credit Executive |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
KATONAH 2007-I CLO LTD., as a Consenting Lender |
| |
By: | | /s/ Daniel Gilligan |
| | Name: Daniel Gilligan |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
KATONAH X CLO LTD., as a Consenting Lender |
| |
By: | | /s/ Daniel Gilligan |
| | Name: Daniel Gilligan |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
KINGSLAND II, LTD., as a Consenting Lender |
| |
By: | | KINGSLAND CAPITAL MANAGEMENTT, LLC, as Manager |
| |
By: | | /s/ Katherine Kim |
| | Name: Katherine Kim |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
KINGSLAND III, LTD., as a Consenting Lender |
| |
By: | | KINGSLAND CAPITAL MANAGEMENT, LLC, as Manager |
| |
By: | | /s/ Katherine Kim |
| | Name: Katherine Kim |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
KINGSLAND IV LTD., as a Consenting Lender |
| |
By: | | KINGSLAND CAPITAL MANAGEMENT, LLC, as Manager |
| |
By: | | /s/ Katherine Kim |
| | Name: Katherine Kim |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
KINGSLAND V LTD., as a Consenting Lender |
| |
By: | | KINGSLAND CAPITAL MANAGEMENT, LLC, as Manager |
| |
By: | | /s/ Katherine Kim |
| | Name: Katherine Kim |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
BCBSM, INC., as a Consenting Lender |
| |
By: | | KKR, its Collateral Manager |
| |
By: | | /s/ Jeffrey Smith |
| | Name: Jeffrey Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
HMO MINNESOTA, as a Consenting Lender |
| |
By: | | KKR, its Collateral Manager |
| |
By: | | /s/ Jeffrey Smith |
| | Name: Jeffrey Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
KKR FINANCIAL CLO 2005-1, LTD., as a Consenting Lender |
| |
By: | | /s/ Jeffrey Smith |
| | Name: Jeffrey Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
KKR FINANCIAL CLO 2006-1, LTD., as a Consenting Lender |
| |
By: | | /s/ Jeffrey Smith |
| | Name: Jeffrey Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
KKR FINANCIAL CLO 2007-A, LTD. as a Consenting Lender |
| |
By: | | /s/ Jeffrey Smith |
| | Name: Jeffrey Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
KKR FINANCIAL CLO 2012-1, LTD.., as a Consenting Lender |
| |
By: | | /s/ Jeffrey Smith |
| | Name: Jeffrey Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
KKR FINANCIAL CLO 2013-1, LTD. as a Consenting Lender |
| |
By: | | /s/ Jeffrey Smith |
| | Name: Jeffrey Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
KKR FLOATING RATE FUND L.P., as a Consenting Lender |
| |
By: | | /s/ Jeffrey Smith |
| | Name: Jeffrey Smith |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
MORGAN STANLEY SENIOR FUNDING, INC. as a Consenting Lender |
| |
By: | | /s/ Adam Savarese |
| | Name: Adam Savarese |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
JNL/NEUBERGER BERMAN STRATEGIC INCOME FUND, as a Consenting Lender |
| |
By: | | /s/ Colin Donlan |
| | Name: Colin Donlan |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
LIGHTPOINT CLO VII, LTD., as a Consenting Lender |
| |
By: | | NEUBERGER BERMAN FIXED INCOME LLC, as Collateral Manager |
| |
By: | | /s/ Colin Donlan |
| | Name: Colin Donlan |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
NEUBERGER BERMAN CLO XII, LTD. as a Consenting Lender |
| |
By: | | NEUBERGER BERMAN FIXED INCOME LLC, its Collateral Manager |
| |
By: | | /s/ Colin Donlan |
| | Name: Colin Donlan |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
NEUBERGER BERMAN CLO XIII, LTD. as a Consenting Lender |
| |
By: | | /s/ Colin Donlan |
| | Name: Colin Donlan |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
NEUBERGER BERMAN CLO XIV, LTD., as a Consenting Lender |
| |
By: | | NEUBERGER BERMAN FIXED INCOME LLC, as Collateral Manager |
| |
By: | | /s/ Colin Donlan |
| | Name: Colin Donlan |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
NEUBERGER BERMAN INVESTMENT FUNDS II, PLC, as a Consenting Lender |
| |
By: | | /s/ Colin Donlan |
| | Name: Colin Donlan Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
NEUBERGER BERMAN SENIOR FLOATING RATE INCOME FUND LLC, as a Consenting Lender |
| |
By: | | /s/ Colin Donlan |
| | Name: Colin Donlan Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
NEUBERGER BERMAN STRATEGIC INCOME FUND, as a Consenting Lender |
| |
By: | | /s/ Colin Donlan |
| | Name: Colin Donlan Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
OAK HILL CREDIT PARTNERS V, LIMITED, as a Consenting Lender By: Oak Hill Advisors, L.P., as Portfolio Manager |
| |
By: | | /s/ Glenn R. August |
| | Name: Glenn R. August Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
OHA INTREPID LEVERAGED LOAN FUND, LTD., as a Consenting Lender By: Oak Hill Advisors, L.P., as its Portfolio Manager |
| |
By: | | /s/ Glenn R. August |
| | Name: Glenn R. August Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
OHA LOAN FUNDING 2013 - 2, LTD., as a Consenting Lender By: Oak Hill Advisors, L.P. As Portfolio Manager |
| |
By: | | /s/ Glenn R. August |
| | Name: Glenn R. August Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
OHA PARK AVENUE CLO I, LTD., as a Consenting Lender By: Oak Hill Advisors, L.P. as Investment Manager |
| |
By: | | /s/ Glenn R. August |
| | Name: Glenn R. August Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
HAMLET II, LTD, as a Consenting Lender By: Octagon Credit Investors, LLC as Portfolio Manager |
| |
By: | | /s/ Margaret B. Harvey |
| | Name: Margaret B. Harvey Title: Managing Director of Portfolio Administration |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
OCTAGON DELAWARE TRUST 2011, as a Consenting Lender By: Octagon Credit Investors, LLC as Portfolio Manager |
| |
By: | | /s/ Margaret B. Harvey |
| | Name: Margaret B. Harvey Title: Managing Director of Portfolio Administration |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
G.A.S. (CAYMAN) LIMITED, AS TRUSTEE ON BEHALF OF OCTAGON JOINT CREDIT TRUST SERIES I (AND NOT IN ITS INDIVIDUAL CAPACITY), as a Consenting Lender By: Octagon Credit Investors, LLC as Portfolio Manager |
| |
By: | | /s/ Margaret B. Harvey |
| | Name: Margaret B. Harvey Title: Managing Director of Portfolio Administration |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
OCTAGON LOAN TRUST 2010, as a Consenting Lender By: Octagon Credit Investors, LLC, as Investment Manager on behalf of the Bank of New York Trust Company (Cayman) Limited, as Trustee of Octagon Loan Trust 2010 |
| |
By: | | /s/ Margaret B. Harvey |
| | Name: Margaret B. Harvey Title: Managing Director of Portfolio Administration |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
OCTAGON PAUL CREDIT FUND SERIES I, LTD, as a Consenting Lender By: Octagon Credit Investors, LLC, as Portfolio Manager |
| |
By: | | /s/ Margaret B. Harvey |
| | Name: Margaret B. Harvey Title: Managing Director of Portfolio Administration |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
OPTUMHEALTH BANK, INC., as a Consenting Lender By: GSO Capital Advisors LLC, as Manager |
| |
By: | | /s/ Dan Smith |
| | Name: Dan Smith Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
AAA NORTHERN CALIFORNIA, NEVADA AND UTAH INSURANCE EXCHANGE, as a Consenting Lender By: PineBridge Investments LLC, its Investment Manager |
| |
By: | | /s/ Steven Oh |
| | Name: Steven Oh Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
ADVOCATE HEALTH CARE NETWORK, as a Consenting Lender By: PineBridge Investments LLC, its Investment Manager |
| |
By: | | /s/ Thomas Brandt |
| | Name: Thomas Brandt Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
ARCH INVESTMENT HOLDINGS III LTD., as a Consenting Lender By: PineBridge Investments LLC, as Collateral Manager |
| |
By: | | /s/ Steven Oh |
| | Name: Steven Oh Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
GALAXY XVI CLO, LTD., as a Consenting Lender By: PineBridge Investments LLC, as Collateral Manager |
| |
By: | | /s/ Steven Oh |
| | Name: Steven Oh Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
VALIDUS REINSURANCE LTD., as a Consenting Lender By: PineBridge Investments LLC, its Investment Manager |
| |
By: | | /s/ Steven Oh |
| | Name: Steven Oh Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
| | |
JNL/PPM AMERICA FLOATING RATE INCOME FUND, A SERIES OF THE JNI, SERIES TRUST, as a Consenting Lender By: PPM America Inc., as Sub-Advisor |
| |
By: | | /s/ Chris Kappas |
| | Name: Chris Kappas Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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ASCERSION HEALTH ALLIANCE MASTER PENSION TRUST CHIMCO ALPHA FUND, LLC, as a Consenting Lender By: Pioneer Institutional Asset Management, Inc. |
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By: | | /s/ Margaret C. Beghy |
| | Name: Margaret C. Beghy Title: Secretary and Associate General Counsel |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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PIONEER FRONTING RATE FUND, as a Consenting Lender By: Pioneer Investment Management, Inc. |
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By: | | /s/ Margaret C. Beghy |
| | Name: Margaret C. Beghy Title: Secretary and Associate General Counsel |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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WELLS FARGO BANK, NATIONAL ASSOCIATION, as a Consenting Lender |
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By: | | /s/ Kyle R. Holtz |
| | Name: Kyle R. Holtz Title: Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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COLE BROOK CBNA LOAN FUNDING LLC, as a Consenting Lender |
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By: | | /s/ Adam R. Jacobs |
| | Name: Adam R. Jacobs Title: Attorney-in-Fact |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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RAYMOND JAMES BANK, N.A., as a Consenting Lender |
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By: | | /s/ Garrett McKinnon |
| | Name: Garrett McKinnon Title: Senior Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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CAVALRY CLO II, as a Consenting Lender |
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By: | | Regiment Capital Management, LLC, its Investment Adviser |
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By: | | /s/ William J. Heffron |
| | Name: William J. Heffron |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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COMMUNITY INSURANCE COMPANY, as a Consenting Lender |
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By: | | Sankaty Advisors, LLC, as Investment Manager |
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By: | | /s/ Andrew Viens |
| | Name: Andrew Viens |
| | Title: Sr. Vice President of Operations |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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GENERAL ELECTRIC PENSION TRUST, as a Consenting Lender |
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By: | | Sankaty Advisors, LLC, as Investment Manager |
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By: | | /s/ Andrew S. Viens |
| | Name: Andrew S. Viens |
| | Title: Sr. Vice President of Operations |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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QANTAS SUPERANNUATION PLAN, as a Consenting Lender |
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By: | | Sankaty Advisors, LLC, as Investment Manager |
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By: | | /s/ Andrew S. Viens |
| | Name: Andrew S. Viens |
| | Title: Sr. Vice President of Operations |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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RACE POINT IV CLO, LTD., as a Consenting Lender |
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By: | | Sankaty Advisors, LLC, as Asset Manager |
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By: | | /s/ Andrew S. Viens |
| | Name: Andrew S. Viens |
| | Title: Sr. Vice President of Operations |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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RACE POINT V CLO, LIMITED, as a Consenting Lender |
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By: | | Sankaty Advisors, LLC, as Portfolio Manager |
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By: | | /s/ Andrew S. Viens |
| | Name: Andrew S. Viens |
| | Title: Sr. Vice President of Operations |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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RACE POINT VI CLO, LTD., as a Consenting Lender |
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By: | | Sankaty Advisors, LLC, as Asset Manager |
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By: | | /s/ Andrew S. Viens |
| | Name: Andrew S. Viens |
| | Title: Sr. Vice President of Operations |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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RACE POINT VII CLO, LIMITED, as a Consenting Lender |
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By: | | Sankaty Advisors, LLC, as Portfolio Manager |
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By: | | /s/ Andrew S. Viens |
| | Name: Andrew S. Viens |
| | Title: Sr. Vice President of Operations |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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SANKATY SENIOR LOAN FUND, L.P. as a Consenting Lender |
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By: | | /s/ Andrew S. Viens |
| | Name: Andrew S. Viens |
| | Title: Sr. Vice President of Operations |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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SANKATY SENIOR LOAN FUND PLC as a Consenting Lender |
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By: | | /s/ Andrew S. Viens |
| | Name: Andrew S. Viens |
| | Title: Sr. Vice President of Operations |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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WELLPOINT, INC. as a Consenting Lender |
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By: | | Sankaty Advisors, LLC, as Investment Manager |
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By: | | /s/ Andrew S. Viens |
| | Name: Andrew S. Viens |
| | Title: Sr. Vice President of Operations |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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SEASIDE NATIONAL BANK & TRUST, as a Consenting Lender |
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By: | | /s/ Thomas N. Grant |
| | Name: Thomas N. Grant |
| | Title: CCO & SVP |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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BAPTIST HEALTH SOUTH FLORIDA, INC., |
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By: | | Seix Investment Advisors LLC, as Advisor |
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BLUE CROSS OF IDAHO HEALTH SERVICE, INC., |
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By: | | Seix Investment Advisors LLC, as Investment Manager |
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CNI CHARTER FUNDS – FIXED INCOME OPPORTUNITIES FUND |
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By: | | Seix Investment Advisors LLC, as Subadviser |
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MOUNTAIN VIEW CLO III LTD. |
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By: | | Seix Investment Advisors LLC, as Collateral Manager |
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RIDGEWORTH FUNDS – SEIX FLOATING RATE HIGH INCOME FUND |
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By: | | Seix Investment Advisors LLC, as Subadviser |
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RIDGEWORTH FUNDS – TOTAL RETURN BOND FUND |
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By: | | Seix Investment Advisors LLC, as Subadviser |
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, as a Consenting Lender |
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By: | | /s/ George Goudelias |
| | Name: George Goudelias |
| | Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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SUMITOMO MITSUI BANKING CORPORATION, as a Consenting Lender |
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By: | | /s/ David Kee |
| | Name: David Kee |
| | Title: Managing Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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NUVEEN DIVERSIFIED DIVIDEND & INCOME FUND, as a Consenting Lender |
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By: | | Symphony Asset Management LLC |
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By: | | /s/ James Kim |
| | Name: James Kim |
| | Title: Co-Head of Credit Research |
[Signature Page to SP&E Amendment No. 6]
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NUVEEN FLOATING RATE INCOME FUND as a Consenting Lender |
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By: | | Symphony Asset Management LLC |
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By: | | /s/ James Kim |
| | Name: James Kim |
| | Title: Co-Head of Credit Research |
[Signature Page to SP&E Amendment No. 6]
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NUVEEN SENIOR INCOME FUND, as a Consenting Lender |
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By: | | Symphony Asset Management LLC |
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By: | | /s/ James Kim |
| | Name: James Kim |
| | Title: Co-Head of Credit Research |
[Signature Page to SP&E Amendment No. 6]
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NUVEEN TAX ADVANTAGED TOTAL RETURN STRATEGY FUND, as a Consenting Lender |
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By: | | Symphony Asset Management LLC |
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By: | | /s/ James Kim |
| | Name: James Kim |
| | Title: Co-Head of Credit Research |
[Signature Page to SP&E Amendment No. 6]
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SYMPHONY CLO II, LTD., as a Consenting Lender |
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By: | | Symphony Asset Management LLC |
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By: | | /s/ James Kim |
| | Name: James Kim |
| | Title: Co-Head of Credit Research |
[Signature Page to SP&E Amendment No. 6]
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SYMPHONY CLO IX, LIMITED PARTNERSHIP, as a Consenting Lender |
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By: | | Symphony Asset Management LLC |
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By: | | /s/ James Kim |
| | Name: James Kim |
| | Title: Co-Head of Credit Research |
[Signature Page to SP&E Amendment No. 6]
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SYMPHONY CREDIT OPPORTUNITIES FUND LTD., as a Consenting Lender |
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By: | | Symphony Asset Management LLC |
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By: | | /s/ James Kim |
| | Name: James Kim |
| | Title: Co-Head of Credit Research |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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THL CREDIT WIND RIVER 2013-1 CLO LTD., as a Consenting Lender |
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By: | | THL Credit Senior Loan Strategies LLC, as Investment Manager |
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By: | | /s/ Kathleen A. Zarn |
| | Name: Kathleen A. Zarn |
| | Title: Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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CATAMARAN CLO 2013-1 LTD., as a Consenting Lender |
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By: | | Trimaran Advisors, L.L.C. |
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By: | | /s/ Daniel Gilligan |
| | Name: Daniel Gilligan |
| | Title: Authorized Signatory |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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U.S. BANK NATIONAL ASSOCIATION, as a Consenting Lender |
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By: | | /s/ Garret Komjathy |
| | Name: Garret Komjathy |
| | Title: Senior Vice President |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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CROWN POINT CLO LTD., as a Consenting Lender |
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By: | | /s/ John J. D’Angelo |
| | Name: John J. D’Angelo |
| | Title: Sr. Portfolio Manager |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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BLUEMOUNTAIN CLO 2013-1, LTD. as a Consenting Lender |
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By: | | Bluemountain Capital Management, LLC, Its Collateral Manager |
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By: | | /s/ David Finn |
| | Name: David Finn |
| | Title: Operations Analyst |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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SSD LOAN FUNDING LLC, as a Consenting Lender |
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By: | | Citibank, N.A. |
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By: | | /s/ Maria Giannavola |
| | Name: Maria Giannavola |
| | Title: Associate Director |
[Signature Page to SP&E Amendment No. 6]
The undersigned Lender hereby consents to this Amendment:
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SSOMF LOAN FUNDING LLC, as a Consenting Lender |
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By: | | Citibank, N.A. |
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By: | | /s/ Tina Tran |
| | Name: Tina Tran |
| | Title: Associate Director |
[Signature Page to SP&E Amendment No. 6]