Exhibit 4.1
EXECUTION VERSION
AMENDMENT NO. 4 TO
AMENDED AND RESTATED CREDIT AGREEMENT
This Amendment No. 4 to Amended and Restated Credit Agreement (this “Amendment”) is entered into as of October 7, 2010 by and among The Manitowoc Company, Inc., a Wisconsin corporation (the “Borrower”), the Subsidiary Borrowers signatory hereto (together with the Borrower, the “Borrowers”), JPMorgan Chase Bank, N.A., individually and as administrative agent (the “Administrative Agent”), and the other financial institutions signatory hereto.
RECITALS
A. The Borrowers, the Administrative Agent and the Lenders are party to that certain Amended and Restated Credit Agreement dated as of August 25, 2008, as amended (as so amended, the “Credit Agreement”). Unless otherwise specified herein, capitalized terms used in this Amendment shall have the meanings ascribed to them by the Credit Agreement, as amended hereby.
B. The Borrowers, the Administrative Agent and the undersigned Lenders wish to amend the Credit Agreement on the terms and conditions set forth below.
Now, therefore, in consideration of the mutual execution hereof and other good and valuable consideration, the parties hereto agree as follows:
1. Amendments to Credit Agreement. Upon the “Effective Date” (as defined below), the Credit Agreement shall be amended as follows:
(a) The defined term “Senior Note Documents” in Section 1.01 of the Credit Agreement is hereby deleted and replaced with the following:
“Senior Note Documents” means the Original Senior Note Documents, the Additional Senior Note Documents, the Second Additional Senior Note Documents, and all other documents executed and delivered with respect any Indebtedness of the Borrower and its Subsidiaries (as applicable) incurred pursuant to Section 6.01(p) and/or 6.01(q) of this Agreement subsequent to the Amendment No. 4 Effective Date.
(b) The defined term “Senior Notes” in Section 1.01 of the Credit Agreement is hereby deleted and replaced with the following:
“Senior Notes” means the Original Senior Notes, the Additional Senior Notes, the Second Additional Senior Notes and any other notes issued pursuant to the Senior Note Documents.
(c) Section 1.01 of the Credit Agreement is amended by adding the following definitions in appropriate alphabetical order:
“Amendment No. 4” means that certain Amendment No. 4 to Credit Agreement dated as of October 7, 2010 by and among the Borrower, the Administrative Agent and the Lenders party thereto.
“Amendment No. 4 Effective Date” means the “Effective Date” as defined in Amendment No. 4.
“Second Additional Senior Note Documents” means the Second Additional Senior Note Indenture and all other documents executed and delivered with respect to the Second Additional Senior Notes or Second Additional Senior Note Indenture as in effect on the Amendment No. 4 Effective Date and as the same may be amended, restated, amended and restated, modified or supplemented from time to time in accordance with the terms hereof and thereof.
“Second Additional Senior Note Indenture” means the Indenture to be dated on or about the Amendment No. 4 Effective Date, among the Borrower and the other parties thereto, as in effect on the Amendment No. 4 Effective Date and as the same may be amended, restated, amended and restated, modified or supplemented from time to time in accordance with the terms hereof and thereof.
“Second Additional Senior Notes” means the Borrower’s Senior Notes issued pursuant to the Second Additional Senior Note Indenture, as in effect on the Amendment No. 4 Effective Date and as the same may be amended, modified or supplemented from time to time in accordance with the terms hereof and thereof.
(d) The last sentence of Section 1.05(b) of the Credit Agreement is hereby amended by deleting the words “or 6.08” therefrom.
(e) Sub-clause (ii) of Section 5.01(c) of the Credit Agreement is hereby deleted and replaced with the following:
(ii) setting forth reasonably detailed calculations (x)(1) of the amount of “Permitted Indebtedness” (as described in part (2) of the definition thereof in the Original Senior Note Indenture) then outstanding and then permitted to be incurred by the terms of the Original Senior Note Indenture, (2) of the amount of “Permitted Indebtedness” (as described in part (2) of the definition thereof in the Additional Senior Note Indenture) then outstanding and then permitted to be incurred by the terms of the Additional Senior Note Indenture, (3) of the amount of “Permitted Indebtedness” (as described in part (2) of the definition thereof in the Second Additional Senior Note Indenture) then outstanding and then permitted to be incurred by the terms of the Second Additional Senior Note Indenture and (4) to the extent applicable, of the amount of “Permitted Indebtedness” (as defined in the applicable Senior Note Document) then outstanding and then permitted to be incurred under this Agreement pursuant to the terms of any other Senior Note Document and (y) demonstrating compliance
with Sections 6.07, 6.15, 6.16, 6.20 and, commencing with the fiscal quarter ending December 31, 2010, 6.21
(f) Section 6.05(m) of the Credit Agreement is hereby deleted and replaced with the following:
subject to the provisions of this Section 6.05(m) and the requirements contained in the definition of Permitted Acquisition, the Borrower and its Wholly-Owned Subsidiaries may from time to time effect Permitted Acquisitions, so long as: (i) no Default or Event of Default shall have occurred and be continuing at the time of the consummation of the proposed Permitted Acquisition or immediately after giving effect thereto; (ii) at any time when the Consolidated Senior Secured Leverage Ratio is greater than or equal to 3.75 to 1.00 (both immediately before and immediately after giving effect to such investment) the aggregate amount of consideration for any investment made pursuant to this Section 6.05(m), when added to the aggregate amount of such consideration for all other investments made pursuant to this Section 6.05(m) in the same calendar year as the calendar year in which such investment occurs shall not exceed (x) $10,000,000 of cash consideration and (y) $100,000,000 of non-cash consideration, (iii) at any time when the Consolidated Senior Secured Leverage Ratio is less than 3.75 to 1.00 but greater than or equal to 3.00 to 1.00 (both immediately before and immediately after giving effect to such investment) the aggregate amount of consideration for any investment made pursuant to this Section 6.05(m), when added to the aggregate amount of such consideration for all other investments made pursuant to this Section 6.05(m) in the same calendar year as the calendar year in which such investment occurs shall not exceed (x) $150,000,000 of cash consideration and (y) $250,000,000 of non-cash consideration, (iv) if the proposed Permitted Acquisition is for aggregate consideration of $75,000,000 or more, the Borrower shall have given to the Administrative Agent at least 10 Business Days’ prior written notice of such proposed Permitted Acquisition (or such shorter period of time as may be reasonably acceptable to the Administrative Agent), which notice shall be executed by its chief financial officer or treasurer and shall describe in reasonable detail the principal terms and conditions of such Permitted Acquisition; (v) both before and after giving effect to the Permitted Acquisition, the Borrower is in compliance with Section 6.01(p); (vi) at the time of any such Permitted Acquisition involving the creation or acquisition of a Subsidiary, or the acquisition of capital stock or other equity interest of any Person, the capital stock or other equity interests thereof created or acquired in connection with such Permitted Acquisition shall have been pledged for the benefit of the Secured Creditors pursuant to (and to the extent required by) the US Pledge Agreement and such Person, if a Domestic Subsidiary which is a Material Subsidiary, shall have executed and delivered to the Administrative Agent a joinder to the Subsidiary Guaranty; and (vii) giving effect to such Permitted Acquisition, (A) at all times that the Consolidated Senior Secured Leverage Ratio is greater than 3.00 to 1.00, the Consolidated Senior Secured Leverage Ratio on a Pro Forma Basis is no greater than the Consolidated Senior Secured Leverage Ratio as
calculated immediately prior to giving effect to such Permitted Acquisition (B) the Borrower is in compliance with Section 6.07 and, commencing with the fiscal quarter ending December 31, 2010, 6.21, on a Pro Forma Basis;
(g) Section 6.07 of the Credit Agreement is hereby deleted and replaced with the following:
SECTION 6.07 Minimum Consolidated Interest Coverage Ratio. The Borrower will not permit the Consolidated Interest Coverage Ratio for any fiscal quarter of the Borrower set forth below to be less than or equal to the ratio set forth opposite such fiscal quarter below:
Fiscal Quarter Ending |
| Ratio |
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June 30, 2009 |
| 2.75:1.00 |
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September 30, 2009 |
| 2.25:1.00 |
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December 31, 2009 |
| 1.875:1.00 |
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March 31, 2010 |
| 1.75:1.00 |
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June 30, 2010 |
| 1.75:1.00 |
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September 30, 2010 |
| 1.80:1.00 |
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December 31, 2010 |
| 1.50:1.00 |
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March 31, 2011 |
| 1.50:1.00 |
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June 30, 2011 |
| 1.50:1.00 |
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September 30, 2011 |
| 1.575:1.00 |
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December 31, 2011 |
| 1.70:1.00 |
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March 31, 2012 |
| 1.80:1.00 |
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June 30, 2012 |
| 1.90:1.00 |
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September 30, 2012 |
| 2.10:1.00 |
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December 31, 2012 |
| 2.25:1:00 |
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March 31, 2013 |
| 2.50:1.00 |
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June 30, 2013 |
| 2.75:1.00 |
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September 30, 2013, |
| 2.875:1.00 |
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December 31, 2013, |
| 3.00:1.00 |
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and thereafter |
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(h) Section 6.08 of the Credit Agreement is hereby deleted and replaced with the following:
SECTION 6.08. [Reserved].
(i) Section 6.10 of the Credit Agreement is hereby deleted and replaced with the following:
SECTION 6.10. Restrictive Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, directly or indirectly, enter into, incur or permit to exist any agreement or other arrangement that prohibits, restricts or imposes any condition upon (a) the ability of the Borrower or any Subsidiary to create, incur or permit to exist any Lien upon any of its property or assets, or (b) the ability of any Subsidiary to pay dividends or other distributions with respect to any shares of its capital stock or to make or repay loans or advances to the Borrower or any other Subsidiary or to Guarantee Indebtedness of the Borrower or any other Subsidiary; provided that (i) the foregoing shall not apply to restrictions and conditions imposed by law or by this Agreement or the other Credit Documents or, only until the Initial Borrowing Date, restrictions or conditions imposed by any of the “Credit Documents” (as defined in the Existing Credit Agreement), (ii) the foregoing shall not apply to restrictions and conditions existing on the Effective Date identified on Schedule 6.10 (but shall apply to any extension or renewal of, or any amendment or modification expanding the scope of, any such restriction or condition), (iii) the foregoing shall not apply to restrictions and conditions contained in the Additional Senior Note Documents as in effect on the Amendment No. 3 Effective Date (but shall apply to any extension or renewal of, or any amendment or modification expanding the scope of, any such restriction or condition) or any restrictions or conditions contained in any Senior Note Documents issued subsequent to the Amendment No. 3 Effective Date; provided that any Senior Note Documents issued subsequent to the Amendment No. 3 Effective Date pursuant to Section 6.01(q)(i) shall be on terms not materially less favorable to the Lenders, taken as a whole, than the terms of the Additional Senior Note Documents, (iv) the foregoing shall not apply to restrictions and conditions contained in the Second Additional Senior Note Documents as in effect on the Amendment No. 4 Effective Date (but shall apply to any extension or renewal of, or any amendment or modification expanding the scope of, any such restriction or condition) or any restrictions or conditions contained in any Senior Note Documents issued subsequent to the Amendment No. 4 Effective Date; provided that any Senior Note Documents issued subsequent to the Amendment No. 4 Effective Date pursuant to Section 6.01(q)(i) shall be on terms not materially less favorable to the Lenders, taken as a whole, than the terms of the Second Additional Senior Note Documents, (v) the foregoing shall not apply to customary restrictions and conditions contained in agreements relating to the sale of a Subsidiary pending such sale, provided such restrictions and conditions apply only to the Subsidiary that is to be sold and such sale is permitted hereunder, (vi) clause (a) of the foregoing shall not apply to restrictions or conditions imposed by any agreement relating to secured Indebtedness permitted by this Agreement if such restrictions or conditions apply only to the property or assets securing such Indebtedness and (vii) clause (a) of the foregoing shall not apply to customary provisions in leases and other contracts restricting the assignment thereof.
(j) Section 6.20 of the Credit Agreement is hereby deleted and replaced with the following:
SECTION 6.20 Maximum Capital Expenditures. At all times that the Consolidated Total Leverage Ratio is greater than 3.50 to 1.00, the Borrower will not, and will not permit any of its Subsidiaries to, make Capital Expenditures during any fiscal year that exceed the amount set forth in the table below opposite the applicable fiscal year (the “Capex Limit”); provided, however, that the Capex Limit for each fiscal year referenced below (commencing with the 2010 fiscal year) will be increased, if at all, by the positive amount equal to 50% of the amount (if any), equal to the difference obtained by taking the Capex Limit in effect for the immediately preceding fiscal year (before giving effect to any increase pursuant to this provision) minus the actual amount of any Capital Expenditures expended during such preceding fiscal year (the “Carry Over Amount”).
Fiscal Year |
| Capex Limit |
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2009 |
| $80,000,000 |
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2010 |
| $80,000,000 |
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2011 |
| if after giving effect to the applicable Capital Expenditure, Consolidated Senior Secured Leverage Ratio is (a) greater than or equal to 3.50:1.00, $125,000,000 or (b) less than 3.50:1.00, $140,000,000 |
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2012 |
| if after giving effect to the applicable Capital Expenditure, Consolidated Senior Secured Leverage Ratio is (a) greater than or equal to 3.50:1.00, $150,00,000 or (b) less than 3.50:1.00, $160,000,000 |
(k) Section 6.21 of the Credit Agreement is hereby deleted and replaced with the following:
SECTION 6.21 Maximum Consolidated Senior Secured Leverage Ratio. The Borrower will cause the Consolidated Senior Secured Leverage Ratio at all times during the fiscal quarters of the Borrower set forth below to be less than the ratio set forth opposite such fiscal quarter below:
Fiscal Quarter Ending |
| Ratio |
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December 31, 2010 |
| 4.50:1.00 |
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March 31, 2011 |
| 4.50:1.00 |
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June 30, 2011 |
| 4.50:1.00 |
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September 30, 2011 |
| 4.50:1.00 |
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December 31, 2011 |
| 4.125:1.00 |
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March 31, 2012 |
| 4.00:1.00 |
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June 30, 2012 |
| 3.75:1.00 |
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September 30, 2012 |
| 3.50:1.00 |
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December 31, 2012 |
| 3.25:1.00 |
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March 31, 2013 |
| 3.25:1.00 |
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June 30, 2013 |
| 3.25:1.00 |
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September 30, 2013 |
| 3.25:1.00 |
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December 31, 2013, |
| 3.00:1.00 |
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and thereafter |
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2. Representations, Warranties and Agreements of the Borrowers. The Borrowers represent, warrant and agree that:
(a) The execution, delivery and performance by the Borrowers of this Amendment have been duly authorized by all necessary corporate action and that this Amendment is a legal, valid and binding obligation of the Borrowers enforceable against the Borrowers in accordance with its terms, except as the enforcement thereof may be subject to the effect of any applicable bankruptcy, insolvency, reorganization, moratorium or similar law affecting creditors’ rights generally;
(b) Each of the representations and warranties contained in the Credit Agreement is true and correct in all material respects (except that any representation or warranty which is already qualified as to materiality or by reference to Material Adverse Effect is true and correct in all respects) on and as of the date hereof (other than representations and warranties that relate solely to an earlier date);
(c) After giving effect to this Amendment, no Default has occurred and is continuing.
(d) The Borrower’s receipt of the net proceeds from the issuance of the Second Additional Senior Notes shall constitute a Prepayment Event under Section 2.12(c) of the Credit Agreement, and the Borrower shall apply such net proceeds to prepay outstanding Term A Borrowings and Term B Borrowings, ratably. Notwithstanding the 10 Business Day time period permitted by Section 2.12(c) of the Credit Agreement for the making of such prepayment, the Borrower shall use its reasonable best efforts to ensure that such prepayment is made promptly (and in any
event shall make such payment within 2 Business Days) upon the Borrower’s receipt of the net proceeds from the issuance of the Second Additional Senior Notes.
3. Effective Date. This Amendment shall become effective upon (i) the execution and delivery hereof by the Borrowers, the Administrative Agent and the Required Lenders (without respect to whether it has been executed and delivered by all the Lenders) and (ii) the Borrower having paid to the Administrative Agent for the benefit of each Lender consenting to this Amendment an amendment fee equal to .025% of the aggregate Revolving Commitments and outstanding Term Loans of such Lender, in each case determined as of the date hereof (without giving effect to any prepayment of the Term Loans made or to be made out of the proceeds of the Second Additional Senior Notes); provided that Section 1 hereof shall not become effective until the date (the “Effective Date”) when the following additional conditions have also been satisfied:
(a) Each of the Credit Parties shall have executed and delivered to the Administrative Agent a Reaffirmation of Guaranty and Collateral Documents in the form of Exhibit A hereto.
(b) The Administrative Agent shall have received an executed legal opinion from Foley & Lardner LLP in form and substance satisfactory to the Administrative Agent. The Borrower hereby requests such counsel to deliver such opinion.
(c) The Borrower shall have paid (i) to the Administrative Agent for the benefit of each Lender consenting to this Amendment an amendment fee equal to .050% of the aggregate Revolving Commitments and outstanding Term Loans of such Lender, in each case determined as of the Effective Date (after giving effect to any prepayment of the Term Loans made or to be made out of the proceeds of the Second Additional Senior Notes), and (ii) to the Administrative Agent for its own account any other separately agreed fees relating hereto.
(d) The Administrative Agent shall have received evidence of the Borrower’s issuance of the Second Additional Senior Notes on terms not materially less favorable to the Lenders, taken as a whole, than the terms of the Original Senior Notes in an aggregate principal amount of not less than $500,000,000.
(e) The Borrowers shall have provided such other corporate and other certificates, opinions, documents, instruments and agreements as the Administrative Agent may reasonably request.
The Administrative Agent shall notify the Borrower and the Lenders promptly of the occurrence of the Effective Date and such notice shall be conclusive and binding on all parties hereto. In the event the Effective Date has not occurred on or before the date that is ninety (90) from the initial date upon which the Required Lenders shall have consented to this Amendment, Section 1 hereof shall not become operative and shall be of no force or effect.
4. Reference to and Effect Upon the Credit Agreement.
(a) Except as specifically amended or waived above, the Credit Agreement and the other Credit Documents shall remain in full force and effect and are hereby ratified and confirmed in all respects.
(b) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent, the Collateral Agent or any Lender under the Credit Agreement or any other Credit Document, nor constitute a waiver of any provision of the Credit Agreement or any other Credit Document, except as specifically set forth herein. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended hereby.
(c) This Amendment shall be deemed to be a Credit Document for all purposes of the Credit Documents.
5. Costs and Expenses. The Borrower hereby affirms its obligations under Section 9.03 of the Credit Agreement to reimburse the Administrative Agent for all reasonable out-of-pocket expenses incurred by the Administrative Agent in connection with the preparation, negotiation, execution and delivery of this Amendment, including but not limited to the reasonable fees, charges and disbursements of attorneys for the Administrative Agent with respect thereto.
6. Governing Law. This Agreement shall be construed in accordance with and governed by the law (without regard to conflict of law provisions) of the State of New York.
7. Headings. Section headings in this Amendment are included herein for convenience of reference only and shall not constitute a part of this Amendment for any other purposes.
8. Counterparts. This Amendment may be executed in any number of counterparts, each of which when so executed shall be deemed an original but all such counterparts shall constitute one and the same instrument.
[SIGNATURE PAGES FOLLOW]
EXECUTION VERSION
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and year first above written.
| THE MANITOWOC COMPANY, INC. | |
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| By | /s/ Maurice D. Jones |
| Name: Maurice D. Jones | |
| Title: Senior Vice President, General Counsel | |
| & Secretary | |
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| MANITOWOC EMEA HOLDING SARL | |
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| By | /s/ Maurice D. Jones |
| Name: Maurice D. Jones | |
| Title: Manager | |
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| MANITOWOC HOLDING ASIA SAS | |
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| By | /s/ Maurice D. Jones |
| Name: Maurice D. Jones | |
| Title: General Manager |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| JPMORGAN CHASE BANK, N.A., individually and as Administrative Agent | |
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| By | /s/ Mike Kelly |
| Name: | Mike Kelly |
| Title: | V.P. |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| APOSTLE LOOMIS SAYLES | |
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| By: | Loomis, Sayles & Company, L.P., |
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| By: | Loomis, Sayles & Company, Incorporated, |
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| By | /s/ Mary McCarthy |
| Name: | Mary McCarthy |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| APOSTLE LOOMIS SAYLES | |
| As Lender | |
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| By: | Loomis, Sayles & Company, L.P., |
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| By: | Loomis, Sayles & Company, Incorporated, |
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| By | /s/ Mary McCarthy |
| Name: | Mary McCarthy |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CONFLUENT 4 LIMITED, | |
| As Lender | |
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| By: | Loomis, Sayles & Company, L.P., |
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| By: | Loomis, Sayles & Company, Incorporated, |
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| By | /s/ Mary McCarthy |
| Name: | Mary McCarthy |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LOOMIS SAYLES CLO I, LTD. | |
| As Lender | |
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| By: | Loomis, Sayles & Company, L.P., |
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| By: | Loomis Sayles & Company, Incorporated, |
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| By | /s/ Mary McCarthy |
| Name: | Mary McCarthy |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LOOMIS SAYLES | |
| LEVERAGED SENIOR LOAN FUND LTD., | |
| As Lender | |
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| By: | Loomis, Sayles & Company, L.P., |
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| By: | Loomis, Sayles & Company, Incorporated, |
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| By | /s/ Mary McCarthy |
| Name: | Mary McCarthy |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| THE LOOMIS SAYLES | |
| SENIOR LOAN FUND, LLC, | |
| As Lender | |
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| By: | Loomis, Sayles & Company, L.P., |
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| By: | Loomis, Sayles & Company, Incorporated, |
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| By | /s/ Mary McCarthy |
| Name: | Mary McCarthy |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| NATIXIS LOOMIS SAYLES | |
| SENIOR LOAN FUND, | |
| As Lender | |
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| By: | Loomis, Sayles & Company, L.P., |
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| By: | Loomis, Sayles & Company, Incorporated, |
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| By | /s/ Mary McCarthy |
| Name: | Mary McCarthy |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Global Leveraged Capital Credit Opportunity | |
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| Global Leveraged Capital Management, LLC, as | |
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| By | /s/ Michael Ferris |
| Name: | Michael Ferris |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| BANK OF AMERICA, N.A. | |
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| By | /s/ Brian Lukehart |
| Name: | Brian Lukehart |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| KKR Financial CLO 2005-1, Ltd. | |
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| By | /s/ Alexandra Ocnev |
| Name: | Alexandra Ocnev |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| KKR Financial CLO 2005-2, Ltd. | |
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| By | /s/ Alexandra Ocnev |
| Name: | Alexandra Ocnev |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| KKR Financial CLO 2006-1, Ltd. | |
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| By | /s/ Alexandra Ocnev |
| Name: | Alexandra Ocnev |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| KKR Financial CLO 2007-1, Ltd. | |
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| By | /s/ Alexandra Ocnev |
| Name: | Alexandra Ocnev |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| KKR Financial CLO 2007-A, Ltd. | |
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| By | /s/ Alexandra Ocnev |
| Name: | Alexandra Ocnev |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| KKR FI Partners I L.P. | |
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| By | /s/ Alexandra Ocnev |
| Name: | Alexandra Ocnev |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| KKR Corporate Credit Partners L.P. | |
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| By | /s/ Alexandra Ocnev |
| Name: | Alexandra Ocnev |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Oregon Public Employees Retirement Fund | |
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| By | /s/ Alexandra Ocnev |
| Name: | Alexandra Ocnev |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CREDIT INDUSTRIEL ET COMMERCIAL | |
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| By | /s/ Guirec Penhoat |
| Name: | Guirec PENHOAT |
| Title: | Directeur des Grandes Entreprises |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Liberty Mutual Fire Insurance Company | |
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| By | /s/ Robert A Howard |
| Name: | Robert A Howard |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Liberty Mutual Insurance Company | |
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| By | /s/ Robert A Howard |
| Name: | Robert A Howard |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Employers Insurance Company of Wausau | |
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| By | /s/ Robert A Howard |
| Name: | Robert A Howard |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| BANK OF NOVA SCOTIA | |
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| By | /s/ Michelle C. Phillips |
| Name: | Michelle C. Phillips |
| Title: | Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| SCOTIABANK EUROPE PLC | |
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| By | /s/ John O’ Connor |
| Name: | John O’ Connor |
| Title: | Head of Credit Administration |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| ROSEDALE CLO LTD. | |
| By: Princeton Advisory Group, Inc. | |
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| |
| By | /s/ Ashish Sood |
| Name: | Ashish Sood |
| Title: | Analyst |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| ROSEDALE CLO II LTD. | |
| By: JMP Credit Advisors LLC | |
|
| |
|
| |
| By | /s/ Renee Lefebve |
| Name: | Renee Lefebve |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LightPoint CLO III, Ltd. | |
| By Neuberger Berman Fixed Income LLC as | |
|
| |
|
| |
| By | /s/ Colin Donlan |
| Name: | Colin Donlan |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LightPoint CLO IV, Ltd. | |
| By Neuberger Berman Fixed Income LLC as | |
|
| |
|
| |
| By | /s/ Colin Donlan |
| Name: | Colin Donlan |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LightPoint CLO V, Ltd. | |
| By Neuberger Berman Fixed Income LLC as | |
|
| |
|
| |
| By | /s/ Colin Donlan |
| Name: | Colin Donlan |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LightPoint CLO VII, Ltd. | |
| By Neuberger Berman Fixed Income LLC as | |
|
| |
|
| |
| By | /s/ Colin Donlan |
| Name: | Colin Donlan |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LightPoint CLO VIII, Ltd. | |
| By Neuberger Berman Fixed Income LLC as | |
|
|
|
|
|
|
| By | /s/ Colin Donlan |
| Name: | Colin Donlan |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Marquette US/European CLO, Plc. | |
| By Neuberger Berman Fixed Income LLC as | |
|
|
|
|
|
|
| By | /s/ Colin Donlan |
| Name: | Colin Donlan |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Airlie CLO 2006-I, Ltd. | |
| By Neuberger Berman Fixed Income LLC as | |
|
|
|
|
|
|
| By | /s/ Colin Donlan |
| Name: | Colin Donlan |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Neuberger Berman — Floating Rate Income Fund | |
|
|
|
|
|
|
| By | /s/ Colin Donlan |
| Name: | Colin Donlan |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle High Yield Partners VII, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle High Yield Partners X, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle High Yield Partners VIII, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle High Yield Partners IX, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle High Yield Partners VI, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle Credit Partners Financing I, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle Arnage CLO, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle Azure CLO, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle Bristol CLO, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle Daytona CLO, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle McLaren CLO, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle Modena CLO, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle Vantage CLO, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Carlyle Veyron CLO, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Stanfield Carrera CLO, Ltd. | |
|
|
|
|
|
|
| By | /s/ Linda Pace |
| Name: | Linda Pace |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CHANG HWA COMMERCIAL BANK, LTD., | |
| NEW YORK BRANCH | |
|
| |
|
| |
| By | /s/ Eric Y.S. Tsai |
| Name: | Eric Y.S. Tsai |
| Title: | VP& General Manager |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| DEUTSCHE BANK AG NEW YORK BRANCH | |
|
| |
|
| |
| By | /s/ Marguerite Sutton |
| Name: | Marguerite Sutton |
| Title: | Director |
|
| |
|
| |
| By | /s/ Erin Morrissey |
| Name: | Erin Morrissey |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| BLT 18 LLC | |
|
| |
|
| |
| By | /s/ Michael Wotanowski |
| Name: | Michael Wotanowski |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CREDIT INDUSTRIEL ET COMMERCIAL, | |
| New York Branch | |
|
| |
|
| |
| By | /s/ Eric Longuet |
| Name: | Eric Longuet |
| Title: | Vice President |
|
| |
|
| |
| By | /s/ Albert Calo |
| Name: | Albert Calo |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LANDMARK III CDO LTD. | |
| By Aladdin Capital Management LLC as Manager | |
|
| |
|
| |
| By | /s/ Christine M. Barto |
| Name: | Christine M. Barto |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LANDMARK IV CDO LTD. | |
| By Aladdin Capital Management LLC as Manager | |
|
| |
|
| |
| By | /s/ Christine M. Barto |
| Name: | Christine M. Barto |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LANDMARK V CDO LTD. | |
| By Aladdin Capital Management LLC as Manager | |
|
| |
|
| |
| By | /s/ Christine M. Barto |
| Name: | Christine M. Barto |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LANDMARK VI CDO LTD. | |
| By Aladdin Capital Management LLC as Manager | |
|
| |
|
| |
| By | /s/ Christine M. Barto |
| Name: | Christine M. Barto |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LANDMARK VII CDO LTD. | |
| By Aladdin Capital Management LLC as Manager | |
|
| |
|
| |
| By | /s/ Christine M. Barto |
| Name: | Christine M. Barto |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LANDMARK VIII CLO LTD. | |
| By Aladdin Capital Management LLC as Manager | |
|
| |
|
| |
| By | /s/ Christine M. Barto |
| Name: | Christine M. Barto |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LANDMARK IX CDO LTD. | |
| By Aladdin Capital Management LLC as Manager | |
|
| |
|
| |
| By | /s/ Christine M. Barto |
| Name: | Christine M. Barto |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| GREYROCK CDO, LTD. | |
| By Aladdin Capital Management LLC as Manager | |
|
| |
|
| |
| By | /s/ Christine M. Barto |
| Name: | Christine M. Barto |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Aladdin Flexible Investment Fund Series 2007-1 | |
|
| |
|
| |
| By | /s/ Christine M. Barto |
| Name: | Christine M. Barto |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Aladdin Flexible Investment Fund Series 2008-1 | |
|
| |
|
| |
| By | /s/ Christine M. Barto |
| Name: | Christine M. Barto |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Aladdin Flexible Investment Fund Series 2008-2 | |
|
| |
|
| |
| By | /s/ Christine M. Barto |
| Name: | Christine M. Barto |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Galaxy CLO 2003-1, Ltd. |
| By: PineBridge Investments LLC |
| Its Collateral Manager |
|
|
| Galaxy CLO III, Ltd. |
| By: PineBridge Investments LLC |
| Its Collateral Manager |
|
|
| Galaxy CLO IV, Ltd. |
| By: PineBridge Investments LLC |
| Its Collateral Manager |
|
|
| Galaxy CLO V, Ltd. |
| By: PineBridge Investments LLC |
| Its Collateral Manager |
|
|
| Galaxy CLO VI, Ltd. |
| By: PineBridge Investments LLC |
| Its Collateral Manager |
|
|
| Galaxy CLO VII, Ltd. |
| By: PineBridge Investments LLC |
| Its Collateral Manager |
|
|
| Galaxy CLO VIII, Ltd. |
| By: PineBridge Investments LLC |
| Its Collateral Manager |
|
|
| Galaxy CLO X, Ltd. |
| By: PineBridge Investments LLC |
| Its Collateral Manager |
|
|
| American International Group, Inc. |
| By: PineBridge Investments LLC |
| Its Investment Adviser |
|
|
| PineBridge Bank Loan Fund, Ltd. (Know as AIG Bank Loan Fund Ltd. |
| By: PineBridge Investments LLC |
| Its Investment Manager |
|
|
| Saturn CLO, Ltd. |
| By: PineBridge Investments LLC |
| Its Collateral Manager |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| By | /s/ John Wesley Burgess |
| Name: | John Wesley Burgess |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| PPM Monarch Bay Funding LLC | |
|
| |
|
| |
| By | /s/ Stacy Lai |
| Name: | Stacy Lai |
| Title: | Assistant Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| SERVES 2006-1, Ltd. | |
|
| |
|
| |
| By | /s/ Chris Kappas |
| Name: | Chris Kappas |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| PPM Grayhawk CLO, LTD. | |
|
| |
|
| |
| By | /s/ Chris Kappas |
| Name: | Chris Kappas |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| U.S. Bank National Association | |
|
| |
|
| |
| By | /s/ Jason Nadler |
| Name: | Jason Nadler |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LCM I LIMITED PARTNERSHIP | |
|
| |
| By: | LCM Asset Management LLC |
|
|
|
|
|
|
| By | /s/ Alexander B. Kenna |
| Name: | LCM Asset Management LLC |
| Title: | Alexander B. Kenna |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LCM II LIMITED PARTNERSHIP | |
|
| |
| By: | LCM Asset Management LLC |
|
|
|
|
|
|
| By | /s/ Alexander B. Kenna |
| Name: | LCM Asset Management LLC |
| Title: | Alexander B. Kenna |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LCM III, Ltd. | |
|
| |
| By: | LCM Asset Management LLC |
|
|
|
|
|
|
| By | /s/ Alexander B. Kenna |
| Name: | LCM Asset Management LLC |
| Title: | Alexander B. Kenna |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LCM IV, Ltd. | |
|
| |
| By: | LCM Asset Management LLC |
|
|
|
|
|
|
| By | /s/ Alexander B. Kenna |
| Name: | LCM Asset Management LLC |
| Title: | Alexander B. Kenna |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LCM V, Ltd. | |
|
| |
| By: | LCM Asset Management LLC |
|
|
|
|
|
|
| By | /s/ Alexander B. Kenna |
| Name: | LCM Asset Management LLC |
| Title: | Alexander B. Kenna |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LCM VI, Ltd. | |
|
| |
| By: | LCM Asset Management LLC |
|
|
|
|
|
|
| By | /s/ Alexander B. Kenna |
| Name: | LCM Asset Management LLC |
| Title: | Alexander B. Kenna |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Ameriprise Financial, Inc. | |
|
| |
|
|
|
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Assistant Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| RiverSource Bond Series, Inc. - | |
| Columbia Floating Rate Fund | |
|
| |
|
|
|
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Assistant Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| RiverSource Institutional | |
| Leveraged Loan Fund II, L.P. | |
| By: Columbia Management Investment Advisors, LLC | |
| As Investment Manager | |
|
| |
|
|
|
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Assistant Secretary |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| RiverSource Life Insurance Company | |
|
| |
|
|
|
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Assistant Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| RiverSource Strategic Allocation | |
| Series, Inc. - RiverSource Strategic | |
| Income Allocation Fund | |
|
| |
|
| |
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Assistant Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Centurion CDO VI, Ltd. | |
| By: Columbia Management Investment Advisors, LLC | |
| As Collateral Manager | |
|
| |
|
| |
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Director of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Centurion CDO VII Limited | |
| By: Columbia Management Investment Advisors, LLC | |
| As Collateral Manager | |
|
| |
|
| |
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Director of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Centurion CDO 8 Limited | |
| By: Columbia Management Investment Advisors, LLC | |
| As Collateral Manager | |
|
| |
|
| |
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Director of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Centurion CDO 9 Limited | |
| By: Columbia Management Investment Advisors, LLC | |
| As Collateral Manager | |
|
|
|
|
|
|
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Director of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Cent CDO 10 Limited | |
| By: Columbia Management Investment Advisors, LLC | |
| As Collateral Manager | |
|
| |
|
| |
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Director of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Cent CDO XI Limited | |
| By: Columbia Management Investment Advisors, LLC | |
| As Collateral Manager | |
|
| |
|
| |
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Director of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Cent CDO 12 Limited | |
| By: Columbia Management Investment Advisors, LLC | |
| As Collateral Manager | |
|
| |
|
| |
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Director of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Cent CDO 14 Limited | |
| By: Columbia Management Investment Advisors, LLC | |
| As Collateral Manager | |
|
| |
|
| |
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Director of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Cent CDO 15 Limited | |
| By: Columbia Management Investment Advisors, LLC | |
| As Collateral Manager | |
|
| |
|
| |
| By | /s/ Robin C. Stancil |
| Name: | Robin C. Stancil |
| Title: | Assistant Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| SOCIETE GENERALE | |
|
| |
|
| |
| By | /s/ Edwige Campos Sucher |
| Name: | Edwige Campos Sucher |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| MORGAN STANLEY SENIOR FUNDING, INC. | |
|
| |
|
| |
| By | /s/ Susan Saxe |
| Name: | Susan Saxe |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| UniCredit Bank AG, New York Branch | |
|
| |
|
| |
| By | /s/ William W. Hunter |
| Name: | William W. Hunter |
| Title: | Director |
|
| |
|
| |
| By | /s/ Miriam Trautmann |
| Name: | Miriam Trautmann |
| Title: | Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| VENTURE III CDO LIMITED | |
| By its investment advisor, | |
|
| |
|
| |
| By | /s/ Martin Davey |
| Name: | Martin Davey |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| VENTURE IV CDO LIMITED | |
| By its investment advisor, | |
|
| |
|
| |
| By | /s/ Martin Davey |
| Name: | Martin Davey |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| VENTURE V CDO LIMITED | |
| By its investment advisor, | |
|
| |
|
| |
| By | /s/ Martin Davey |
| Name: | Martin Davey |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| VENTURE VI CDO LIMITED | |
| By its investment advisor, | |
|
| |
|
| |
| By | /s/ Martin Davey |
| Name: | Martin Davey |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| VENTURE VII CDO LIMITED | |
| By its investment advisor, | |
|
| |
|
| |
| By | /s/ Martin Davey |
| Name: | Martin Davey |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| VENTURE VIII CDO LIMITED | |
| By its investment advisor, | |
|
| |
|
| |
| By | /s/ Martin Davey |
| Name: | Martin Davey |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| VENTURE IX CDO LIMITED | |
| By its investment advisor, | |
|
| |
|
| |
| By | /s/ Martin Davey |
| Name: | Martin Davey |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Oppenheimer Senior Floating Rate Fund | |
|
| |
|
| |
| By | /s/ Susanna Evans |
| Name: | Susanna Evans |
| Title: | AVP |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Oppenheimer Master Loan Fund, LLC | |
|
| |
|
| |
| By | /s/ Susanna Evans |
| Name: | Susanna Evans |
| Title: | AVP |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| HarbourView CLO 2006-1 | |
|
| |
|
| |
| By | /s/ Susanna Evans |
| Name: | Susanna Evans |
| Title: | AVP |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Del Mar CLO I, Ltd. | ||
| By: Caywood-Scholl Capital Management, LLC. | ||
|
| ||
|
| ||
| By: | /s/ Tom Saake | |
|
| Name: | Tom Saake |
|
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| M&I Marshall & Ilsley Bank | |
|
| |
|
| |
| By | /s/ Ronald J. Carey |
| Name: | Ronald J. Carey |
| Title: | Vice President |
|
| |
|
| |
| By | /s/ James R. Miller |
| Name: | James R. Miller |
| Title: | Senior Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| WELLS FARGO BANK, N.A. | |
|
|
|
|
|
|
| By: | /s/ Mark Holm |
| Name: | Mark Holm |
| Title: | Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CATERPILLAR FINANCIAL SERVICES | |
|
|
|
|
|
|
| By: | /s/ Michael M. Ward |
| Name: | Michael M. Ward |
| Title: | Credit & Operations Manager - Syndications |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| San Bernardino County Employees’ Retirement | |
|
| |
| MacKay Shields Short Duration Alpha Fund | |
|
| |
| New York Life Insurance Company (Guaranteed | |
|
| |
| UBS PACE Select Advisors Trust — UBS PACE | |
|
| |
| New York Life Insurance Company, GP - Portable | |
|
| |
| MacKay Shields Core Plus Opportunities Fund Ltd. | |
|
| |
| Northrop Grumman Pension Master Trust | |
|
| |
| By: MacKay Shields LLC as Investment Advisor | |
|
| |
| By: | /s/ Dan Roberts |
|
| Dan Roberts |
|
| Sr. Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Grand Central Asset Trust, LBAM Series | |
|
|
|
|
|
|
| By | /s/ Adam Kaiser |
| Name: | Adam Kaiser |
| Title: | Attorney-In-Fact |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| ASSOCIATED BANK, N.A. | |
|
|
|
|
|
|
| By | /s/ Daniel Holzhauer |
| Name: | Daniel Holzhauer |
| Title: | Vice President — Senior Lender |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Axa Investment Managers Paris S.A. on behalf of the funds it manages: | |
|
| |
| · Matignon Derivatives Loans | |
| · Matignon Leveraged Loans Limited | |
| · Confluent 5 Limited | |
|
| |
|
| |
| By | /s/ Olivier Testard |
| Name: | Olivier Testard |
| Title: | Head of leveraged finance research |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| THE SUMITOMO TRUST AND BANKING CO., LTD., | |
|
| |
|
| |
| By | /s/ Albert C Tew II |
| Name: | Albert C Tew II |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| NATIXIS | |
|
| |
|
| |
| By | /s/ Nicolas Regent |
| Name: | Nicolas Regent |
| Title: | Director |
|
| |
|
| |
| By | /s/ Pieter van Tulder |
| Name: | Pieter van Tulder |
| Title: | M.D. |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Flagship CLO III | ||
| By: Deutsche Investment Management Americas, Inc. As Collateral Manager | ||
|
| ||
|
| ||
| By: | /s/ Eric S. Meyer | |
|
| Eric S. Meyer, Managing Director | |
|
|
| |
|
|
| |
|
| By: | /s/ Joseph Tavolieri |
|
| Name: | Joseph Tavolieri |
|
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Flagship CLO IV | ||
| By: Deutsche Investment Management Americas, Inc. As Collateral Manager | ||
|
| ||
|
| ||
| By: | /s/ Eric S. Meyer | |
|
| Eric S. Meyer, Managing Director | |
|
|
| |
|
|
| |
|
| By: | /s/ Joseph Tavolieri |
|
| Name: | Joseph Tavolieri |
|
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Flagship CLO V | ||
| By: Deutsche Investment Management Americas, Inc. As Collateral Manager | ||
|
| ||
|
| ||
| By: | /s/ Eric S. Meyer | |
|
| Eric S. Meyer, Managing Director | |
|
|
| |
|
|
| |
|
| By: | /s/ Joseph Tavolieri |
|
| Name: | Joseph Tavolieri |
|
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Flagship CLO VI | ||
| By: | Deutsche Investment Management Americas, Inc. | |
|
| ||
|
| ||
| By: | /s/ Eric S. Meyer | |
|
| Eric S. Meyer, Managing Director | |
|
|
| |
|
|
| |
|
| By: | /s/ Joseph Tavolieri |
|
| Name: | Joseph Tavolieri |
|
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| DWS Floating Rate Plus Fund | ||
| By: | Deutsche Investment Management Americas, Inc. | |
|
| ||
|
| ||
| By: | /s/ Eric S. Meyer | |
|
| Eric S. Meyer, Managing Director | |
|
|
| |
|
|
| |
|
| By: | /s/ Joseph Tavolieri |
|
| Name: | Joseph Tavolieri |
|
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| DWS Short Duration Plus Fund | ||
| By: | Deutsche Investment Management Americas, Inc. | |
|
| ||
|
| ||
| By: | /s/ Eric S. Meyer | |
|
| Eric S. Meyer, Managing Director | |
|
|
| |
|
| By: | /s/ Joseph Tavolieri |
|
| Name: | Joseph Tavolieri |
|
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| SunTrust Bank | |
|
| |
|
| |
| By | /s/ David Simpson |
| Name: | David Simpson |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| RIDGEWORTH FUNDS – TOTAL RETURN BOND FUND |
| By: Seix Investment Advisors LLC, as Sub-Adviser |
|
|
| RIDGEWORTH FUNDS – INTERMEDIATE BOND FUND |
| By: Seix Investment Advisors LLC, as Sub-Adviser |
|
|
| RIDGEWORTH FUNDS – INVESTMENT GRADE BOND FUND |
| By: Seix Investment Advisors LLC, as Sub-Adviser |
|
|
| GRAND HORN CLO LTD. |
| By: Seix Investment Advisors LLC, as Collateral |
|
|
| BAKER STREET FUNDING CLO 2005-I LTD. |
| By: Seix Investment Advisors LLC, as Collateral |
|
|
| BAKER STREET CLO II LTD. |
| By: Seix Investment Advisors LLC, as Collateral |
|
|
| MOUNTAIN VIEW FUNDING CLO 2006-I LTD. |
| By: Seix Investment Advisors LLC, as Collateral |
|
|
| MOUNTAIN VIEW CLO II LTD. |
| By: Seix Investment Advisors LLC, as Collateral |
|
|
| MOUNTAIN VIEW CLO III LTD. |
| By: Seix Investment Advisors LLC, as Collateral |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Manager | |
|
| |
| RIDGEWORTH FUNDS – SEIX FLOATING RATE HIGH | |
| By: Seix Investment Advisors LLC, as Sub-Adviser | |
|
| |
| ROCHDALE FIXED INCOME OPPORTUNITIES PORTFOLIO | |
| By: Seix Investment Advisors LLC, as Sub-Adviser | |
|
| |
|
| |
| By | /s/ George Goudelias |
| Name: | George Goudelias |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| NAVIGATOR CDO 2004, LTD., as a Lender | ||
|
|
| |
| By: | GE Asset Management Inc., as Collateral Manager | |
|
|
| |
|
|
| |
|
| By: | /s/ Kathleen Brooks |
|
| Name: | Kathleen Brooks |
|
| Title: | Authorized Signatory |
|
|
| |
|
|
| |
| NAVIGATOR CDO 2005, LTD., as a Lender | ||
|
|
| |
| By: | GE Asset Management Inc., as Collateral Manager | |
|
|
| |
|
|
| |
|
| By: | /s/ Kathleen Brooks |
|
| Name: | Kathleen Brooks |
|
| Title: | Authorized Signatory |
|
|
| |
|
|
| |
| NAVIGATOR CDO 2006, LTD., as a Lender | ||
|
|
| |
| By: | GE Asset Management Inc., as Collateral Manager | |
|
|
| |
|
|
| |
|
| By: | /s/ Kathleen Brooks |
|
| Name: | Kathleen Brooks |
|
| Title: | Authorized Signatory |
|
|
| |
|
|
| |
| GENERAL ELECTRIC PENSION TRUST, as a Lender | ||
|
|
| |
| By: | GE Capital Debt Advisors, LLC., as Collateral Manager | |
|
|
| |
|
|
| |
|
| By: | /s/ Kathleen Brooks |
|
| Name: | Kathleen Brooks |
|
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Mizuho Corporate Bank Limited | |
|
| |
|
| |
| By | /s/ Toru Inoue |
| Name: | Toru Inoue |
| Title: | Deputy General Manager |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| KATONAH VII CLO LTD. | |
|
| |
|
| |
| By | /s/ Daniel Gilligan |
| Name: | DANIEL GILLIGAN |
| Title: | Authorized Officer Katonah Debt Advisors, L.L.C. As Manager |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| KATONAH IX CLO LTD. | |
|
| |
|
| |
| By | /s/ Daniel Gilligan |
| Name: | DANIEL GILLIGAN |
| Title: | Authorized Officer Katonah Debt Advisors, L.L.C. As Manager |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| KATONAH 2007-I CLO LTD. | |
|
| |
|
| |
| By | /s/ Daniel Gilligan |
| Name: | DANIEL GILLIGAN |
| Title: | Authorized Officer Katonah Debt Advisors, L.L.C. As Manager |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| This consent is made severally and not jointly by the following Lenders, acting in each case through the undersigned investment advisor: | |
|
| |
|
| |
| T. Rowe Price Institutional Floating Rate Fund | |
|
| |
|
| |
| Board of Pensions of the Evangelical Lutheran Church in America | |
|
| |
|
| |
| U.A.I (Luxembourg) Investment S.á.r.l. | |
|
| |
|
| |
| By: T. Rowe Price Associates, Inc. as investment advisor: | |
|
| |
|
| |
| By: | /s/ Brian Burns |
| Name: | Brian Burns |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| PT. BANK NEGARA INDONESIA (Persero) Tbk. | |
|
| |
|
| |
| By | /s/ Jerry Phillips |
| Name: | Jerry Phillips |
| Title: | Credit Manager |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| GULF STREAM-COMPASS CLO 2004-I LTD | |
|
| |
| GULF STREAM-COMPASS CLO 2005-I LTD | |
|
| |
| GULF STREAM-SEXTANT CLO 2006-I LTD | |
|
| |
| GULF STREAM-RASHINBAN CLO 2006-I LTD | |
|
| |
| GULF STREAM-SEXTANT CLO 2007-I LTD | |
|
| |
| NEPTUNE FINANCE CCS, LTD. By: Gulf Stream Asset Management LLC | |
|
| |
| By | /s/ Barry Love |
| Name: | Barry Love |
| Title: | Chief Credit Officer |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK NEW YORK BRANCH, as Lender | |
|
| |
|
| |
| By | /s/ David Cagle |
| Name: | David Cagle |
| Title: | Managing Director |
|
| |
|
| |
| By | /s/ Blake Wright |
| Name: | Blake Wright |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Fraser Sullivan CLO II Ltd., as Lender | |
| By: Fraser Sullivan Investment Management, LLC, | |
|
| |
| By | /s/ John W. Fraser |
| Name: | John W. Fraser |
| Title: | Manager |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| COA Tempus Ltd., as Lender | |
| By: FS COA Management, LLC, as Investment | |
|
| |
| By | /s/ John W. Fraser |
| Name: | John W. Fraser |
| Title: | Manager |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Fraser Sullivan CLO I Ltd., as Lender | |
| By: Fraser Sullivan Investment Management, LLC, | |
|
| |
| By | /s/ John W. Fraser |
| Name: | John W. Fraser |
| Title: | Manager |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| KATONAH X CLO LTD. | |
|
| |
|
| |
| By | /s/ Daniel Gilligan |
| Name: | DANIEL GILLIGAN |
| Title: | Authorized Officer |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| KATONAH VIII CLO LTD. | |
|
| |
|
| |
| By | /s/ Daniel Gilligan |
| Name: | DANIEL GILLIGAN |
| Title: | Authorized Officer |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LFSIGXG LLC | |
| By: Highbridge Principal Strategies, as its Sub-Advisor | |
|
| |
|
| |
| By | /s/ Jamie Donsky |
| Name: | Jamie Donsky |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| The Bank of Tokyo-Mitsubishi UFJ, Ltd., as a Lender | |
|
| |
|
| |
| By | |
|
| |
|
| |
| /s/ Victor Pierzchalski | |
| Name: | Victor Pierzchalski |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| AMMC CLO III, LIMITED | |
| By: American Money Management Corp., | |
|
| |
|
| |
| By | /s/ Chester M. Eng |
| Name: | Chester M. Eng |
| Title: | Senior Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| AMMC CLO IV, LIMITED | |
| By: American Money Management Corp., | |
|
| |
|
| |
| By | /s/ Chester M. Eng |
| Name: | Chester M. Eng |
| Title: | Senior Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| AMMC CLO VI, LIMITED | |
| By: American Money Management Corp., | |
|
| |
|
| |
| By | /s/ Chester M. Eng |
| Name: | Chester M. Eng |
| Title: | Senior Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| AMMC VII, LIMITED | |
| By: American Money Management Corp., | |
|
| |
|
| |
| By | /s/ Chester M. Eng |
| Name: | Chester M. Eng |
| Title: | Senior Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| AMMC VIII, LIMITED | |
| By: American Money Management Corp., | |
|
| |
|
| |
| By | /s/ Chester M. Eng |
| Name: | Chester M. Eng |
| Title: | Senior Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| BNP PARIBAS | |
|
| |
|
| |
| By | /s/ Scott Tricarico |
| Name: | SCOTT TRICARICO |
| Title: | Vice President |
|
|
|
|
|
|
| By | /s/ Brendan Heneghan |
| Name: | BRENDAN HENEGHAN |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| BLUE SHIELD OF CALIFORNIA | |
|
| |
|
| |
| By | /s/ David Ardini |
| Name: | David Ardini |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| FRANKLIN CLO V, LIMITED | |
|
| |
|
| |
| By | /s/ David Ardini |
| Name: | David Ardini, Franklin Advisors, Inc. as Collateral Manager |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| FRANKLIN FLOATING RATE DAILY ACCESS FUND | |
|
| |
|
| |
| By | /s/ Richard Hsu |
| Name: | Richard Hsu |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| FRANKLIN FLOATING RATE MASTER SERIES | |
|
| |
|
| |
| By | /s/ Richard Hsu |
| Name: | Richard Hsu |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| FRANKLIN TEMPLETON SERIES II FUNDS | |
|
| |
|
| |
| By | /s/ Richard Hsu |
| Name: | Richard Hsu |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| FRANKLIN TEMPLETON LIMITED DURATION INCOME TRUST | |
|
| |
|
| |
| By | /s/ Richard Hsu |
| Name: | Richard Hsu |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CANARAS SUMMIT CLO LTD | |
| By: Canaras Capital Management LLC | |
|
| |
|
| |
| By | /s/ Richard J. Vratanina |
| Name: | Richard J. Vratanina |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| COÖPERATIEVE CENTRALE RAIFFEISEN- | |
|
| |
|
| |
| By: | /s/ Andrew Sherman |
| Name: | Andrew Sherman |
| Title: | Executive Director |
|
|
|
|
|
|
| By: | /s/ Peter Glawe |
| Name: | Peter Glawe |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CELERITY CLO LTD. | |
| By: TCW Asset Management Company, | |
|
| |
|
| |
| By: | /s/ Stephen Suo |
| Name: | STEPHEN SUO |
| Title: | SENIOR VICE PRESIDENT |
|
|
|
|
|
|
| By: | /s/ Gil Tollinchi |
| Name: | GIL TOLLINCHI |
| Title: | SENIOR VICE PRESIDENT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| FIRST 2004-I CLO, LTD. | |
| By: TCW Asset Management Company, | |
|
| |
|
| |
| By: | /s/ Stephen Suo |
| Name: | STEPHEN SUO |
| Title: | SENIOR VICE PRESIDENT |
|
|
|
|
|
|
| By: | /s/ Gil Tollinchi |
| Name: | GIL TOLLINCHI |
| Title: | SENIOR VICE PRESIDENT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| FIRST 2004-II CLO, LTD. | |
| By: TCW Asset Management Company, | |
|
| |
|
| |
| By: | /s/ Stephen Suo |
| Name: | STEPHEN SUO |
| Title: | SENIOR VICE PRESIDENT |
|
|
|
|
|
|
| By: | /s/ Gil Tollinchi |
| Name: | GIL TOLLINCHI |
| Title: | SENIOR VICE PRESIDENT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| ILLINOIS STATE BOARD OF INVESTMENT | |
| By: TCW Asset Management Company, | |
|
| |
|
| |
| By: | /s/ Stephen Suo |
| Name: | STEPHEN SUO |
| Title: | SENIOR VICE PRESIDENT |
|
|
|
|
|
|
| By: | /s/ Gil Tollinchi |
| Name: | GIL TOLLINCHI |
| Title: | SENIOR VICE PRESIDENT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| MAC CAPITAL, LTD. | |
| By: TCW Asset Management Company as its | |
|
| |
|
| |
| By: | /s/ Stephen Suo |
| Name: | STEPHEN SUO |
| Title: | SENIOR VICE PRESIDENT |
|
|
|
|
|
|
| By: | /s/ Gil Tollinchi |
| Name: | GIL TOLLINCHI |
| Title: | SENIOR VICE PRESIDENT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| RGA Reinsurance Company | |
| By: TCW Asset Management Company, | |
|
| |
|
| |
| By: | /s/ Stephen Suo |
| Name: | STEPHEN SUO |
| Title: | SENIOR VICE PRESIDENT |
|
|
|
|
|
|
| By: | /s/ Gil Tollinchi |
| Name: | GIL TOLLINCHI |
| Title: | SENIOR VICE PRESIDENT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Trust Company of the West, | |
| As trustee of TCW Capital Trust | |
|
| |
|
| |
| By: | /s/ Stephen Suo |
| Name: | STEPHEN SUO |
| Title: | SENIOR VICE PRESIDENT |
|
|
|
|
|
|
| By: | /s/ Gil Tollinchi |
| Name: | GIL TOLLINCHI |
| Title: | SENIOR VICE PRESIDENT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| TCW Senior Secured Floating Rate Loan Fund, L.P. | |
| By: TCW Asset Management Company, | |
|
| |
|
| |
| By: | /s/ Stephen Suo |
| Name: | STEPHEN SUO |
| Title: | SENIOR VICE PRESIDENT |
|
|
|
|
|
|
| By: | /s/ Gil Tollinchi |
| Name: | GIL TOLLINCHI |
| Title: | SENIOR VICE PRESIDENT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| TCW Senior Secured Loan Fund, LP | |
| By: TCW Asset Management Company, | |
|
| |
|
| |
| By: | /s/ Stephen Suo |
| Name: | STEPHEN SUO |
| Title: | SENIOR VICE PRESIDENT |
|
|
|
|
|
|
| By: | /s/ Gil Tollinchi |
| Name: | GIL TOLLINCHI |
| Title: | SENIOR VICE PRESIDENT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| VELOCITY CLO LTD. | |
| By: TCW Asset Management Company, | |
|
| |
|
| |
| By: | /s/ Stephen Suo |
| Name: | STEPHEN SUO |
| Title: | SENIOR VICE PRESIDENT |
|
|
|
|
|
|
| By: | /s/ Gil Tollinchi |
| Name: | GIL TOLLINCHI |
| Title: | SENIOR VICE PRESIDENT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| VITESSE CLO LTD. | |
| By: TCW Asset Management Company as its | |
|
| |
|
| |
| By: | /s/ Stephen Suo |
| Name: | STEPHEN SUO |
| Title: | SENIOR VICE PRESIDENT |
|
|
|
|
|
|
| By: | /s/ Gil Tollinchi |
| Name: | GIL TOLLINCHI |
| Title: | SENIOR VICE PRESIDENT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| WEST BEND MUTUAL INSURANCE COMPANY | |
| By: TCW Asset Management Company, | |
|
| |
|
| |
| By: | /s/ Stephen Suo |
| Name: | STEPHEN SUO |
| Title: | SENIOR VICE PRESIDENT |
|
|
|
|
|
|
| By: | /s/ Gil Tollinchi |
| Name: | GIL TOLLINCHI |
| Title: | SENIOR VICE PRESIDENT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Siemens Financial Services, Inc. | |
|
| |
|
| |
| By | /s/ Mattthius Grossman |
| Name: | Mattthius Grossman |
| Title: | SVP & CFO |
| By | /s/ Douglas Maher |
| Name: | Douglas Maher |
| Title: | Managing Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Nantucket CLO I Ltd | |
| By: Fortis Investment Management USA, Inc., | |
|
|
|
|
|
|
| By | /s/ Vanessa Ritter |
| Name: | Vanessa Ritter |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Avery Point CLO, Limited By: Sankaty Advisors LLC | |
|
| |
|
|
|
| By | /s/ Andrew S. Viens |
| Name: | Andrew S. Viens |
| Title: | Sr.Vice President of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Castle Hill III CLO, Limited By: Sankaty Advisors LLC | |
|
| |
|
|
|
| By | /s/ Andrew S. Viens |
| Name: | Andrew S. Viens |
| Title: | Sr.Vice President of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Chatham Light II CLO, Limited | |
|
| |
|
|
|
| By | /s/ Andrew S. Viens |
| Name: | Andrew S. Viens |
| Title: | Sr.Vice President of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Katonah III, Ltd. by Sankaty | |
|
| |
|
|
|
| By | /s/ Andrew S. Viens |
| Name: | Andrew S. Viens |
| Title: | Sr.Vice President of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Race Point II CLO, Limited By: Sankaty Advisors, LLC as Collateral Manager | |
|
| |
|
|
|
| By | /s/ Andrew S. Viens |
| Name: | Andrew S. Viens |
| Title: | Sr.Vice President of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Race Point III CLO By: Sankaty Advisors, LLC as Collateral Manager | |
|
| |
|
|
|
| By | /s/ Andrew S. Viens |
| Name: | Andrew S. Viens |
| Title: | Sr.Vice President of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Race Point IV CLO, Ltd | |
|
| |
|
|
|
| By | /s/ Andrew S. Viens |
| Name: | Andrew S. Viens |
| Title: | Sr.Vice President of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| SSS Funding II, LLC | |
| By: Sankaty Advisors, LLC | |
|
| |
|
|
|
| By | /s/ Andrew S. Viens |
| Name: | Andrew S. Viens |
| Title: | Sr.Vice President of Operations |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Bayerische Landesbank (BayernLB) | |
|
| |
|
| |
| By | /s/ Paul Stephen R. Casino |
| Name: | Paul Stephen R. Casino |
| Title: | Vice President |
| By | /s/ Christopher Dowd |
| Name: | Christopher Dowd |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Clydesdale CLO 2004, Ltd. | |
|
| |
|
|
|
| By | /s/ Robert Hoffman |
| Name: | Robert Hoffman |
| Title: | Executive Director |
NOMURA CORPORATE RESEARCH |
|
AND ASSET MANAGEMENT INC. |
|
AS |
|
INVESTMENT MANAGER |
|
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Clydesdale CLO 2005, Ltd. | |
|
| |
|
|
|
| By | /s/ Robert Hoffman |
| Name: | Robert Hoffman |
| Title: | Executive Director |
NOMURA CORPORATE RESEARCH |
|
AND ASSET MANAGEMENT INC. |
|
AS |
|
INVESTMENT MANAGER |
|
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Clydesdale CLO 2006, Ltd. | |
|
| |
|
|
|
| By | /s/ Robert Hoffman |
| Name: | Robert Hoffman |
| Title: | Executive Director |
NOMURA CORPORATE RESEARCH |
|
AND ASSET MANAGEMENT INC. |
|
AS |
|
INVESTMENT MANAGER |
|
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Clydesdale CLO 2007, Ltd. | |
|
| |
|
|
|
| By | /s/ Robert Hoffman |
| Name: | Robert Hoffman |
| Title: | Executive Director |
NOMURA CORPORATE RESEARCH |
|
AND ASSET MANAGEMENT INC. |
|
AS |
|
INVESTMENT MANAGER |
|
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Clydesdale Strategic CLO I, Ltd. | |
|
| |
|
|
|
| By | /s/ Robert Hoffman |
| Name: | Robert Hoffman |
| Title: | Executive Director |
NOMURA CORPORATE RESEARCH |
|
AND ASSET MANAGEMENT INC. |
|
AS |
|
INVESTMENT MANAGER |
|
[Amendment No. 4 to Amended and Restated Credit Agreement]
| NCRAM Senior Loan Trust 2005 | |
|
| |
|
|
|
| By | /s/ Robert Hoffman |
| Name: | Robert Hoffman |
| Title: | Executive Director |
NOMURA CORPORATE RESEARCH |
|
AND ASSET MANAGEMENT INC. |
|
AS |
|
INVESTMENT ADVISER |
|
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Cole Brook CBNA Loan Funding LLC | |
|
| |
|
|
|
| By | /s/ Adam Kaiser |
| Name: | Adam Kaiser |
| Title: | ATTORNEY-IN-FACT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Green Island CBNA Loan Funding LLC | |
|
| |
|
|
|
| By | /s/ Adam Kaiser |
| Name: | Adam Kaiser |
| Title: | ATTORNEY-IN-FACT |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| ALZETTE EUROPEAN CLO S.A. | |
| By: INVESCO Senior Secured Management, Inc. | |
|
| |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| AVALON CAPITAL LTD. 3 | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| BELHURST CLO LTD. | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CELTS CLO 2007-1 LTD | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CHAMPLAIN CLO, LTD. | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CHARTER VIEW PORTFOLIO | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| DIVERSIFIED CREDIT PORTFOLIO LTD. | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Invesco Floating Rate Fund | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| HUDSON CANYON FUNDING II, LTD | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LIMEROCK CLO I | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| MOSELLE CLO S.A. | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| NAUTIQUE FUNDING LTD. | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| SAGAMORE CLO LTD. | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| SARATOGA CLO I, LIMITED | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| WASATCH CLO LTD | |
| By: INVESCO Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Confluent 3 Limted. | |
| By: Invesco Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Invesco Prime Income Trust | |
| By: Invesco Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| MSIM Peconic Bay, Ltd. | |
| By: Invesco Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Qualcomm Global Trading, Inc. | |
| By: Invesco Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Invesco Van Kampen Dynamic Credit Opportunities Fund | |
| By: Invesco Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Invesco Van Kampen Senior Income Fund | |
| By: Invesco Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Invesco Van Kampen Senior Loan Fund | |
| By: Invesco Senior Secured Management, Inc. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Zodiac Fund — Morgan Stanley US Senior Loan Fund | |
| By: Invesco Management S.A. | |
|
|
|
| By | /s/ Thomas H. B. Ewald |
| Name: | Thomas H. B. Ewald |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CCA EAGLE LOAN MASTER FUND LTD. | |
| By: Citigroup Alternative Investments LLC, as | |
|
|
|
|
|
|
| By | /s/ Roger Yee |
| Name: | Roger Yee |
| Title: | VP |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| REGATTA FUNDING LTD. | |
| By: Citi Alternative Investments LLC, | |
|
|
|
|
|
|
| By | /s/ Roger Yee |
| Name: | Roger Yee |
| Title: | VP |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LMP Corporate Loan Fund, Inc. | |
| By: Citi Alternative Investments LLC | |
|
|
|
|
|
|
| By | /s/ Roger Yee |
| Name: | Roger Yee |
| Title: | VP |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| WhiteHorse IV, Ltd. | |
| By WhiteHorse Capital Partners, L.P. | |
| By WhiteRock Asset Advisor, LLC, its G.P. | |
|
|
|
| By | /s/ Ethan M. Underwood |
| Name: | Ethan M. Underwood, CFA |
| Title: | Portfolio Manager |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| 1776 CLO I, LTD. | |
|
|
|
| By | /s/ Jim Reilly |
| Name: | Jim Reilly |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| THE NORTHERN TRUST COMPANY | |
|
|
|
|
|
|
| By | /s/ Peter J. Hallan |
| Name: | Peter J. Hallan |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| LeverageSource III S.a.r.l., | |
|
|
|
|
|
|
| By | /s/ Jose Mayorga |
| Name: | Jose Mayorga |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| ALM LOAN FUNDING 2010-1, LTD. By: Apollo Credit Management, LLC, its collateral manager | |
|
|
|
|
|
|
| By | /s/ Joseph Moroney |
| Name: | Joseph Moroney |
| Title: | Authorized Signatory |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| BABSON CLO LTD. 2004-II VICTORIA FALLS CLO, LTD. ARTUS LOAN FUND 2007-I, LTD. BABSON CLO LTD. 2004-I BABSON CLO LTD. 2005-I BABSON CLO LTD. 2005-II BABSON CLO LTD. 2005-III BABSON CLO LTD. 2006-I BABSON CLO LTD. 2006-II BABSON CLO LTD. 2007-I BABSON CLO LTD. 2008-I BABSON CLO LTD. 2008-II BABSON MID-MARKET CLO LTD. 2007-II BABSON LOAN OPPORTUNITY CLO, LTD. OSPREY CDO 2006-1 LTD. SAPPHIRE VALLEY CDO I, LTD. SUFFIELD CLO, LIMITED | |
| By: Babson Capital Management LLC as Collateral Manager, as a Lender | |
|
|
|
|
|
|
| By | /s/ Michael Best |
| Name: | Michael Best |
| Title: | Director |
|
|
|
| BABSON CAPITAL LOAN PARTNERS 1, L.P. HOLLY INVESTMENT CORPORATION MAPLEWOOD (CAYMON) LIMITED OLYMPIC PARK LTD. SWISS CAPITAL PRO LOAN LIMITED | |
| By: Babson Capital Management LLC as Investment Manager, as a Lender | |
|
|
|
|
|
|
| By | /s/ Michael Best |
| Name: | Michael Best |
| Title: | Director |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| C.M. LIFE INSURANCE COMPANY MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY BILL & MELINDA GATES FOUNDATION TRUST | |
| By: Babson Capital Management LLC as Investment Manager, as a Lender | |
|
|
|
|
|
|
| By | /s/ Michael Best |
| Name: | Michael Best |
| Title: | Director |
|
|
|
| JEFFERIES FINANCE CP FUNDING LLC, as a Lender | |
|
|
|
|
|
|
| By | /s/ Andrew Cennon |
| Name: | Andrew Cennon |
| Title: | M.D. |
|
|
|
| JFIN CLO 2007 LTD. By: Jefferies Finance LLC as Collateral Manager, as a Lender | |
|
|
|
|
|
|
| By | /s/ Andrew Cennon |
| Name: | Andrew Cennon |
| Title: | M.D. |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| TURF MOOR | |
|
|
|
|
|
|
| By | /s/ Sharmin Chowdhury |
| Name: | SHARMIN CHOWDHURY |
| Title: | AUTHORIZED SIGNATORY |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| CORTINA FUNDING | |
|
|
|
|
|
|
| By | /s/ Sharmin Chowdhury |
| Name: | SHARMIN CHOWDHURY |
| Title: | AUTHORIZED SIGNATORY |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Nuveen Diversified Dividend & Income Fund | |
| By: Symphony Asset Management LLC | |
|
|
|
|
|
|
| By | /s/ James Kim |
| Name: | James Kim |
| Title: | Co-Head of Credit Research |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Symphony CLO I, LTD. | |
| By: Symphony Asset Management LLC | |
|
|
|
|
|
|
| By | /s/ James Kim |
| Name: | James Kim |
| Title: | Co-Head of Credit Research |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Symphony CLO II, LTD. | |
| By: Symphony Asset Management LLC | |
|
|
|
|
|
|
| By | /s/ James Kim |
| Name: | James Kim |
| Title: | Co-Head of Credit Research |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Symphony CLO III, LTD. | |
| By: Symphony Asset Management LLC | |
|
|
|
|
|
|
| By | /s/ James Kim |
| Name: | James Kim |
| Title: | Co-Head of Credit Research |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Symphony CLO IV, LTD. | |
| By: Symphony Asset Management LLC | |
|
|
|
|
|
|
| By | /s/ James Kim |
| Name: | James Kim |
| Title: | Co-Head of Credit Research |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Symphony CLO VI, LTD. | |
| By: Symphony Asset Management LLC | |
|
|
|
|
|
|
| By | /s/ James Kim |
| Name: | James Kim |
| Title: | Co-Head of Credit Research |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Nuveen Tax Advantaged Total Return Strategy Fund | |
| By: Symphony Asset Management LLC | |
|
|
|
|
|
|
| By | /s/ James Kim |
| Name: | James Kim |
| Title: | Co-Head of Credit Research |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Old Westbury Global Opportunities Fund | |
|
| |
| By: Shenkman Capital Management, Inc., as Investment Manager | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Primus High Yield Bond Fund, L.P. | |
|
| |
| By: Shenkman Capital Management, Inc., as Investment Manager | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| WM Pool – Fixed Interest Trust No. 7 | |
|
| |
| By: Shenkman Capital Management, Inc., as Investment Manager | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Westbrook CLO, Ltd. | |
|
| |
| By: Shenkman Capital Management, Inc., as Investment Manager | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| American Family Mutual Insurance Company | |
|
| |
| By: Shenkman Capital Management, Inc., as Investment Manager | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Credos Floating Rate Fund, L.P. | |
|
| |
| By: Shenkman Capital Management, Inc., its General Partner | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Evangelical Lutheran Church In America Board of Pension | |
|
| |
| By: Shenkman Capital Management, Inc., as Investment Manager | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Evangelical Lutheran Church In America Board of Pension Social Criteria | |
|
| |
| By: Shenkman Capital Management, Inc., as Investment Manager | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Tavitian Foundation, Inc. | |
|
| |
| By: Shenkman Capital Management, Inc., as Investment Manager | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Texas PrePaid Higher Education Tuition Board | |
|
| |
| By: Shenkman Capital Management, Inc., as Investment Adviser | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Teachers’ Retirement System of Louisiana (Shenkman – BANK LOAN ACCOUNT) | |
|
| |
| By: Shenkman Capital Management, Inc., as Investment Manager | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Trustmark Insurance Company | |
|
| |
| By: Shenkman Capital Management, Inc., as Investment Advisor | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Trustees Of The University Of Pennsylvania | |
|
| |
| By: Shenkman Capital Management, Inc., as Investment Manager | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Harbor High Yield Bond Fund | |
|
| |
| By: Shenkman Capital Management, Inc., as Sub Advisor | |
|
|
|
|
|
|
| By | /s/ Richard H. Weinstein |
| Name: | Richard H. Weinstein |
| Title: | Executive Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Bacchus (US) 2006-1 Ltd. | |
|
|
|
|
|
|
| By | /s/ James W. Sykes |
| Name: | James W. Sykes |
| Title: | Managing Principal |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| GMAM Group Pension Trust I | |
|
| |
| By: State Street Bank & Trust Company as Trustee For GMAM Group Pension Trust I | |
|
|
|
|
|
|
| By | /s/ Tim Worth |
| Name: | Tim Worth |
| Title: | Officer |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Dryden XXI Leveraged Loan CDO LLC | |
|
| |
| By: Prudential Investment Management, Inc., as Collateral Manager | |
|
|
|
|
|
|
| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Dryden XVIII Leveraged Loan 2007 Ltd. | |
|
| |
| By: Prudential Investment Management, Inc., as Collateral Manager | |
|
|
|
|
|
|
| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Dryden XVI — Leveraged Loan CDO 2006 | |
|
| |
| By: Prudential Investment Management, Inc., as Collateral Manager | |
|
|
|
|
|
|
| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Dryden XI — Leveraged Loan CDO 2006 | |
|
| |
| By: Prudential Investment Management, Inc., as Collateral Manager | |
|
|
|
|
|
|
| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Dryden V — Leveraged Loan CDO 2003 | |
|
| |
| By: Prudential Investment Management, Inc., as Collateral Manager | |
|
|
|
|
|
|
| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Loan Funding V, LLC, for itself or as agent for Corporate Loan Funding V LLC | |
|
| |
| By: Prudential Investment Management, Inc., as Portfolio Manager | |
|
|
|
|
|
|
| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Dryden VII — Leveraged Loan CDO 2004 | |
|
| |
| By: Prudential Investment Management, Inc., as Collateral Manager | |
|
|
|
|
|
|
| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Dryden VIII — Leveraged Loan CDO 2005 | |
|
| |
| By: Prudential Investment Management, Inc., as Collateral Manager | |
|
|
|
|
|
|
| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Dryden IX — Senior Loan Fund 2005 p.l.c | |
|
| |
| By: Prudential Investment Management, Inc., as Collateral Manager | |
|
|
|
|
|
|
| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Gateway CLO Limited | |
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| By: Prudential Investment Management, Inc., as Collateral Manager | |
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| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Prudential Bank Loan Fund of the Prudential Trust Company Collective Trust | |
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| By: Prudential Investment Management, Inc. | |
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| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| Prudential Retirement Insurance and Annuity Company | |
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| By: Prudential Investment Management, Inc., as investment manager | |
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| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]
| The Prudential Insurance Company of America | |
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| By: Prudential Investment Management, Inc., as Investment Advisor | |
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| By | /s/ Joseph Limanowicz |
| Name: | Joseph Limanowicz |
| Title: | Vice President |
[Amendment No. 4 to Amended and Restated Credit Agreement]