Exhibit 4.1
CONFORMED AS EXECUTED
FIRST AMENDMENT TO CREDIT AGREEMENT
FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of April 16, 2012 among AMERISTAR CASINOS, INC., a Nevada corporation (the “Borrower”), the various lenders party to the Credit Agreement referred to below (the “Lenders”) and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent (all capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to such terms in the Credit Agreement as defined below).
W I T N E S S E T H:
WHEREAS, the Borrower, the Lenders, the Administrative Agent and the other agents party thereto are party to a Credit Agreement, dated as of April 14, 2011 (as amended, modified or supplemented through the date hereof, the “Credit Agreement”);
WHEREAS, the Borrower has requested that the Lenders agree to certain amendments to the Credit Agreement; and
WHEREAS, the parties hereto wish to amend and/or modify the Credit Agreement as herein provided;
NOW, THEREFORE, it is agreed:
I. Amendments to the Credit Agreement
1. Section 10.09 of the Credit Agreement is hereby amended by deleting said Section in its entirety and inserting the following new Section 10.09 in lieu thereof:
10.09 Total Net Leverage Ratio. The Borrower will not permit the Total Net Leverage Ratio as of the last day of any fiscal quarter set forth below to be greater than the ratio set forth opposite such period below:
Test Period | | Ratio |
Fiscal quarter ending June 30, 2011 | | 7.00:1.00 |
Fiscal quarter ending September 30, 2011 | | 7.00:1.00 |
Fiscal quarter ending December 31, 2011 | | 7.00:1.00 |
Fiscal quarter ending March 31, 2012 | | 6.50:1.00 |
Fiscal quarter ending June 30, 2012 | | 6.50:1.00 |
Fiscal quarter ending September 30, 2012 | | 6.50:1.00 |
Fiscal quarter ending December 31, 2012 | | 6.50:1.00 |
Fiscal quarter ending March 31, 2013 | | 6.00:1.00 |
Fiscal quarter ending June 30, 2013 | | 6.00:1.00 |
Fiscal quarter ending September 30, 2013 | | 6.00:1.00 |
Fiscal quarter ending December 31, 2013 | | 6.00:1.00 |
Fiscal quarter ending March 31, 2014 | | 5.75:1.00 |
Fiscal quarter ending June 30, 2014 | | 5.75:1.00 |
Fiscal quarter ending September 30, 2014 | | 5.75:1.00 |
Fiscal quarter ending December 31, 2014 | | 5.75:1.00 |
Fiscal quarter ending March 31, 2015 | | 5.50:1.00 |
Fiscal quarter ending June 30, 2015 | | 5.50:1.00 |
Fiscal quarter ending September 30, 2015 and thereafter | | 5.25:1.00 |
II. Miscellaneous Provisions
1. The Borrower hereby represents and warrants that (i) no Default or Event of Default exists as of the First Amendment Effective Date (as defined below) both before and after giving effect to this Amendment and (ii) on the First Amendment Effective Date, both before and after giving effect to this Amendment, all representations and warranties (other than those representations made as of a specified date) contained in the Credit Agreement and in the other Credit Documents are true and correct in all material respects.
2. The Borrower hereby represents and warrants that (i) each of the Credit Parties is duly organized, validly existing and in good standing under the laws of its jurisdiction of organization, and has the corporate or limited liability company power, and has been duly authorized by all requisite action, to execute and deliver this Amendment and to perform its obligations hereunder, (ii) this Amendment has been duly executed and delivered by each of the applicable Credit Parties and (iii) this Amendment and the Credit Agreement (as amended by this Amendment) constitute the legal, valid and binding obligations of each applicable Credit Party, enforceable against such Credit Party in accordance with their respective terms, except as such enforceability may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or similar law generally affecting creditors’ rights and by equitable principles (regardless of whether enforcement is sought at equity or at law).
3. Each of the Credit Parties hereby acknowledges, agrees and affirms (a) its obligations under the Credit Agreement and the other Credit Documents, including, without limitation, its guaranty obligations thereunder, (b) that such guaranty shall apply to the Obligations in accordance with the terms thereof, (c) the grant of the security interest in all of its assets pursuant to the Credit Documents and (d) that such liens and security interests created and granted are valid and continuing and secure the Obligations in accordance with the terms thereof, in each case after giving effect to this Amendment.
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4. The Borrower hereby reconfirms its obligations pursuant to Section 13.01 of the Credit Agreement to pay and reimburse the Administrative Agent for all reasonable, documented out-of-pocket costs and expenses (including, without limitation, reasonable fees of counsel) incurred in connection with the negotiation, preparation, execution and delivery of this Amendment.
5. This Amendment shall become effective on the date (the “First Amendment Effective Date”) when each of the following conditions shall have been satisfied:
(a) each of the Required Lenders, the Borrower and each Subsidiary Guarantor shall have signed a counterpart hereof (whether the same or different counterparts) and shall have delivered by way of facsimile or other electronic transmission) the same to the Administrative Agent at White & Case LLP, Attention: Project Ameristar (facsimile: 212-354-8113 / e-mail: projectameristar@whitecase.com);
(b) the Administrative Agent shall have received, for the account of each Lender that executes and delivers a counterpart signature page to this Amendment prior to 12.00 noon, New York City time, on April 13, 2012 (the “Amendment Deadline”), a non-refundable amendment fee payable in Dollars (an “Amendment Fee”) in an aggregate amount equal to 0.05% of the sum of (I) the aggregate principal amount of the outstanding Term Loans of such Lender as of the Amendment Deadline and (II) the Revolving Credit Commitment of such Lender as of the Amendment Deadline; and
(c) the Administrative Agent shall have received all costs, fees and expenses owing in connection with this Amendment payable to the Administrative Agent to the extent then due (including, without limitation, all reasonable fees and expenses of counsel to the extent invoiced).
6. This Amendment is limited as specified and shall not constitute a modification, acceptance or waiver of any other provision of the Credit Agreement or any other Credit Document.
7. This Amendment may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which counterparts when executed and delivered shall be an original, but all of which shall together constitute one and the same instrument. A complete set of counterparts shall be lodged with the Borrower and the Administrative Agent.
8. THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
* * *
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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute and deliver this Amendment as of the date first above written.
| AMERISTAR CASINOS, INC. |
| |
| |
| By: | /s/ Thomas Steinbauer |
| | Title: | Senior Vice President & |
| | | Chief Financial Officer |
| | |
| | |
| AMERISTAR CASINO VICKSBURG, INC., |
| AMERISTAR CASINO COUNCIL BLUFFS, INC., |
| CACTUS PETE’S, INC., |
| A.C. FOOD SERVICES, INC., |
| AMERISTAR CASINO ST. LOUIS, INC., |
| AMERISTAR CASINO KANSAS CITY, INC., |
| AMERISTAR CASINO ST. CHARLES, INC., |
| AMERISTAR CASINO LAS VEGAS, INC., |
| AMERISTAR CASINO BLACK HAWK, INC., |
| AMERISTAR EAST CHICAGO HOLDINGS, LLC |
| AMERISTAR CASINO EAST CHICAGO, LLC |
| AMERISTAR CASINO SPRINGFIELD, LLC |
| |
| |
| By: | /s/ Thomas Steinbauer |
| | Title: | Senior Vice President & |
| | | Chief Financial Officer |
Signature Page to Ameristar First Amendment to Credit Agreement
| DEUTSCHE BANK TRUST COMPANY AMERICAS, Individually and as Administrative Agent |
| |
| |
| By: | /s/ Mary Kay Coyle |
| | Title: Managing Director |
| | |
| | |
| By: | /s/ Erin Morrissey |
| | Tile: Director |
Signature Page to Ameristar First Amendment to Credit Agreement
| SIGNATURE PAGE TO THE FIRST AMENDMENT TO CREDIT AGREEMENT, DATED AS OF THE DATE FIRST REFERENCED ABOVE, AMONG AMERISTAR CASINOS, INC., THE LENDERS PARTY HERETO FROM TIME TO TIME, AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT |
| |
| MALIBU CBNA LOAN FUNDING LLC |
| |
| By: | /s/ Maila Baynes |
| | Title: Attorney-in-Fact |
| | |
| ONE WALL STREET CLO II LTD |
| By: Alcentra NY, as investment advisor |
| | |
| By: | /s/ Daymian Campbell |
| | Title: Vice President |
| | |
| PACIFICA CDO V LTD |
| By: Alcentra NY, as investment advisor |
| | |
| By: | /s/ Daymian Campbell |
| | Title: Vice President |
| | |
| PACIFICA CDO VI LTD |
| By: Alcentra NY LLC, as investment advisor |
| | |
| By: | /s/ Daymian Campbell |
| | Title: Vice President |
| | |
| WESTWOOD CDO II LTD |
| By: Alcentra NY LLC, as investment advisor |
| | |
| By: | /s/ Daymian Campbell |
| | Title: Vice President |
| | |
| WESTWOOD CDO I LTD |
| By: Alcentra NY LLC, as investment advisor |
| | |
| By: | /s/ Daymian Campbell |
| | Title: Vice President |
Signature Page to Ameristar First Amendment to Credit Agreement
| PROSPERO CLO II B.V. |
| | By: Alcentra NY LLC, as investment advisor |
| |
| By: | /s/ Daymian Campbell |
| | Title: Vice President |
| |
| AMMC CLO VI, LIMITED |
| | By: | American Money Management Corp., |
| | | As Collateral Manager |
| |
| By: | /s/ David P. Meyer |
| | Title: Senior Vice President |
| |
| ACA CLO 2006-2, LTD |
| | By: Its Investment Advisor Apidos Capital Management, LLC |
| |
| By: | /s/ Vincent Ingato |
| | Title: Portfolio Manager |
| |
| APIDOS CDO II |
| | By: Its Investment Advisor Apidos Capital Management, LLC |
| |
| By: | /s/ Vincent Ingato |
| | Title: Portfolio Manager |
| |
| APIDOS CDO IV |
| | By: Its Investment Advisor Apidos Capital Management, LLC |
| |
| By: | /s/ Vincent Ingato |
| | Title: Portfolio Manager |
| |
| APIDOS CDO V |
| | By: Its Investment Advisor Apidos Capital Management, LLC |
| |
| By: | /s/ Vincent Ingato |
| | Title: Portfolio Manager |
| |
| APIDOS CINCO CDO |
| | By: Its Investment Advisor Apidos Capital Management, LLC |
| |
| By: | /s/ Vincent Ingato |
| | Title: Portfolio Manager |
| |
| APIDOS QUATTRO CDO |
| | By: Its Investment Advisor Apidos Capital Management, LLC |
| |
| By: | /s/ Vincent Ingato |
| | Title: Portfolio Manager |
Signature Page to Ameristar First Amendment to Credit Agreement
| ALM LOAN FUNDING 2010-3, LTD. |
| | By: | Apollo Credit Management (CLO), LLC as Collateral Manager |
| |
| By: | /s/ Joe Moroney |
| | Title: Vice President |
| |
| LEVERAGESOURCE III S.A.R.L. |
| |
| By: | /s/ Paul Plank |
| | Title: Authorized Signatory |
| |
| GULF STREAM - COMPASS CLO 2007, LTD. |
| | By: Gulf Stream Asset Management LLC As Collateral Manager |
| |
| By: | /s/ Joe Moroney |
| | Title: Vice President |
| |
| GULF STREAM - SEXTANT CLO 2006-1, LTD. |
| | By: Gulf Stream Asset Management LLC As Collateral Manager |
| |
| By: | /s/ Joe Moroney |
| | Title: Vice President |
| |
| GULF STREAM - SEXTANT CLO 2007-1, LTD. |
| | By: Gulf Stream Asset Management LLC As Collateral Manager |
| |
| By: | /s/ Joe Moroney |
| | Title: Vice President |
| |
| GULF STREAM-COMPASS CLO 2005-II, LTD. |
| | By: Gulf Stream Asset Management LLC As Collateral Manager |
| |
| By: | /s/ Joe Moroney |
| | Title: Vice President |
| |
| GULF STREAM-RASHINBAN CLO 2006-I, LTD. |
| | By: Gulf Stream Asset Management LLC As Collateral Manager |
| |
| By: | /s/ Joe Moroney |
| | Title: Vice President |
Signature Page to Ameristar First Amendment to Credit Agreement
| NEPTUNE FINANCE CCS, LTD. |
| | By: Gulf Stream Asset Management LLC As Collateral Manager |
| |
| By: | /s/ Joe Moroney |
| | Title: Vice President |
| |
| ARES ENHANCED CREDIT OPPORTUNITIES FUND II, LTD. |
| | By: | Ares Enhanced Credit Opportunities Investment Management II, LLC, its Manager |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| ARES INSTITUTIONAL LOAN FUND B.V. |
| | By: Ares Management Limited, its Manager |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| GLOBAL LOAN OPPORTUNITY FUND B.V. |
| | By: Ares Management Limited, its Portfolio Manager |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| ARES XVI CLO LTD. |
| | By: | Ares CLO Management XVI, L.P., its Asset Manager |
| | By: | Ares CLO GP XVI, LLC, its General Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| ARES XXI CLO LTD. |
| | By: Ares CLO Management XXI, L.P., its Investment Manager |
| | By: Ares CLO GP XXI, LLC, its General Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| | | |
| ARES ENHANCED LOAN INVESTMENT STRATEGY IR LTD. |
| | By: Ares Enhanced Loan Management IR, L.P., its Portfolio Manager |
| | By: Ares Enhanced Loan IR, GP, LLC, its General Partner |
| | |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| | | | |
Signature Page to Ameristar First Amendment to Credit Agreement
| ARES ENHANCED LOAN INVESTMENT STRATEGY III, LTD. |
| | By: | Ares Enhanced Loan Management III, L.P., its Portfolio Manager |
| | By: | Ares Enhanced Loan III, GP, LLC, its General Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| ARES ENHANCED CREDIT OPPORTUNITIES FUND LTD. |
| | By: | Ares Enhanced Credit Opportunities Fund Management, L.P., its Manager |
| | By: | Ares Enhanced Credit Opportunities Fund Management, L.P., its Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| ARES ENHANCED LOAN INVESTMENT STRATEGY II, LTD. |
| | By: | Ares Enhanced Loan Management II, L.P., its Portfolio Manager |
| | By: | Ares Enhanced Loan II GP, LLC, its General Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| FUTURE FUNDS BOARD OF GUARDIANS |
| | By: Ares Enhanced Loan Investment Strategy Advisor IV, L.P., its Investment Manager (on behalf of the Elis Sub Account) |
| | By: Ares Enhanced Loan Investment Strategy Advisor IV GP, LLC, its General Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: | Vice President |
| |
| ARES IIIR/IVR CLO LTD. |
| | By: Ares CLO Management IIIR/IVR, L.P., its Asset Manager |
| | By: Ares CLO Management IIIR/IVR, LLC, its General Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| | | | |
Signature Page to Ameristar First Amendment to Credit Agreement
| ARES NF CLO XIII LTD |
| | By: Ares NF CLO XIII Management, L.P., its Collateral Manager |
| | By: Ares NF CLO XIII Management LLC, its General Partner |
| |
| By: | /s/ Amerio Cascella |
| | Title: Vice President |
| |
| ARES NF CLO XIV LTD |
| | By: Ares NF CLO XIV Management, L.P., its Collateral Manager |
| | By: Ares NF CLO XIV Management LLC, its General Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| ARES SENIOR LOAN TRUST |
| | By: Ares Senior Loan Trust Management, L.P., its Investment Manager |
| | By: Ares Senior Loan Trust Management, LLC, its General Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| ARES XI CLO LTD. |
| | By: Ares CLO Management XI, L.P., its Asset Manager |
| | By: Ares CLO GP XI, LLC, its General Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| ARES XII CLO, LTD. |
| | By: Ares CLO Management XII, L.P., its Asset Manager |
| | By: Ares CLO GP XII, LLC, its General Partner |
| |
| | |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| ARES XXII CLO LTD. |
| By: | Ares CLO Management XXII, L.P., its Asset Manager |
| By: | Ares CLO GP XXII, LLC, its General Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| | | |
Signature Page to Ameristar First Amendment to Credit Agreement
| ARES NF CLO XV LTD |
| | By: | Ares NF CLO XV Management, L.P., its Collateral Manager |
| | By: Ares NF CLO XV Management LLC, its General Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| WELLPOINT, INC. |
| | By: Ares WLP Management, L.P., its Investment Manager |
| | By: Ares WLP Management GP, LLC, its General Partner |
| |
| By: | /s/ Americo Cascella |
| | Title: Vice President |
| |
| BABSON CLO LTD. 2005-I |
| BABSON CLO LTD 2005-II |
| BABSON CLO LTD 2006-I |
| BABSON CLO LTD 2006-II |
| BABSON CLO LTD. 2007-1 |
| BABSON MID-MARKET CLO LTD 2007-II |
| BABSON CLO LTD 2011 1 |
| CLEAR LAKE CLO, LTD. |
| OSPREY CDO 2006-1 LTD. |
| SAPPHIRE VALLEY CDO I LTD. |
| ST JAMES RIVER CLO, LTD. |
| SUMMIT LAKE CLO, LTD. |
| | By: Babson Capital Management LLC as Collateral Manager |
| |
| By: | /s/ Geoffrey Takacs |
| | Title: Director |
| |
| MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY |
| ARROWOOD INDEMNITY CO AS ADMIN OF THE PENSION PLAN |
| ARROWOOD INDEMNITY COMPANY |
| C.M. LIFE INSURANCE COMPANY |
| | By: Babson Capital Management LLC as Investment Adviser |
| DIAMOND LAKE CLO, LTD. |
| | By: Babson Capital Management LLC as Collateral Servicer |
| |
| By: | /s/ Geoffrey Takacs |
| | Title: Director |
| |
| BANK OF AMERICA, N.A. |
| | |
| By: | /s/ Brandon Bolio |
| | Title: Vice President |
Signature Page to Ameristar First Amendment to Credit Agreement
| BLACK DIAMOND CLO 2006-1 (CAYMAN) LTD. |
| | By: | Black Diamond CLO 2006-1 Adviser, L.L.C. |
| | | as its Collateral Manager |
| |
| By: | /s/ Stephen H. Deckoff |
| | Title: Managing Principal |
| |
| ALLIED WORLD ASSURANCE COMPANY, LTD |
| JPMBI RE BLACKROCK BANK LOAN FUND |
| BLACKROCK FLOATING RATE INCOME TRUST |
| BLACKROCK DEFINED OPPORTUNITY CREDIT TRUST |
| BMI CLO I |
| BLACKROCK FUNDS II BLACKROCK FLOATING RATE INCOME PORTFOLIO |
| BLACKROCK SENIOR INCOME SERIES IV |
| BLACKROCK SENIOR INCOME SERIES V LIMITED |
| BLACKROCK FLOATING RATE INCOME STRATEGIES FUND, INC. |
| BLACKROCK DIVERSIFIED INCOME STRATEGIES FUND, INC. |
| BLACKROCK FLOATING RATE INCOME STRATEGIES FUND II, INC. |
| ALTERRA BERMUDA LIMITED |
| IRONSHORE INC. |
| MISSOURI STATE EMPLOYEES’ RETIREMENT SYSTEM |
| BLACKROCK SENIOR FLOATING RATE PORTFOLIO |
| BLACKROCK SENIOR INCOME SERIES |
| BLACKROCK SENIOR INCOME SERIES II |
| |
| By: | /s/ C. Adrian Marshall |
| | Title: Authorized Signatory |
| |
| GREEN ISLAND CBNA LOAN FUNDING LLC |
| | By: Citibank, N.A. |
| |
| By: | /s/ Lynette Thompson |
| | Title: Director |
| |
| CANARAS SUMMIT CLO LTD. |
| | By: | Canaras Capital Management LLC |
| | As Sub-Investment Adviser |
| |
| By: | /s/ Shiloh Bates |
| | Title: Authorized Signatory |
Signature Page to Ameristar First Amendment to Credit Agreement
| CAPITAL ONE, N. A. |
| |
| By: | /s/ Chris Haskow |
| | Title: Senior Vice President |
| |
| CARLYLE ARNAGE CLO, LTD. |
| |
| By: | /s/ Linda Pace |
| | Title: Managing Director |
| |
| CARLYLE AZURE CLO, LTD. |
| |
| By: | /s/ Linda Pace |
| | Title: Managing Director |
| |
| CARLYLE BRISTOL CLO, LTD. |
| |
| By: | /s/ Linda Pace |
| | Title: Managing Director |
| |
| CARLYLE DAYTONA CLO, LTD. |
| |
| By: | /s/ Linda Pace |
| | Title: Managing Director |
| |
| CARLYLE GLOBAL MARKET STRATEGIES CLO 2011-1, LTD. |
| |
| By: | /s/ Linda Pace |
| | Title: Managing Director |
| |
| CARLYLE HIGH YIELD PARTNERS VII, LTD. |
| |
| By: | /s/ Linda Pace |
| | Title: Managing Director |
| |
| CARLYLE HIGH YIELD PARTNERS VIII, LTD |
| |
| By: | /s/ Linda Pace |
| | Title: Managing Director |
| |
| CARLYLE HIGH YIELD PARTNERS X, LTD |
| |
| By: | /s/ Linda Pace |
| | Title: Managing Director |
Signature Page to Ameristar First Amendment to Credit Agreement
| CARLYLE HIGH YIELD PARTNERS IX, LTD |
| |
| By: | /s/ Linda Pace |
| | Title: Managing Director |
| |
| CARLYLE MCLAREN CLO, LTD. |
| |
| By: | /s/ Linda Pace |
| | Title: Managing Director |
| | |
| CARLYLE VEYRON CLO, LTD. |
| |
| By: | /s/ Linda Pace |
| | Title: Managing Director |
| |
| DEL MAR CLO I, LTD |
| | By: | Caywood-Scholl Capital Management LLC |
| | As Collateral Manager |
| |
| By: | /s/ Jim Dudnick |
| | Title: Vice President |
| |
| CCA EAGLE LOAN MASTER FUND LTD. |
| | By: | Citigroup Alternative Investments LLC, |
| | as Investment manager for and on behalf of |
| | CCA Eagle Loan Master Fund Ltd. |
| |
| By: | /s/ Roger Yee |
| | Title: Vice President |
| |
| REGATTA FUNDING LTD. |
| | By: | Citigroup Alternative Investments LLC, |
| | attorney-in-fact |
| |
| By: | /s/ Roger Yee |
| | Title: Vice President |
| |
| DUANE STREET CLO III, LTD. |
| | By: | Citigroup Alternative Investments LLC, |
| | As Collateral Manager |
| |
| By: | /s/ Roger Yee |
| | Title: Vice President |
Signature Page to Ameristar First Amendment to Credit Agreement
| DUANE STREET CLO IV, LTD. |
| | By: | Citigroup Alternative Investments LLC, |
| | As Collateral Manager |
| |
| By: | /s/ Roger Yee |
| | Title: Vice President |
| |
| LMP CORPORATE LOAN FUND INC. |
| | By: Citigroup Alternative Investments LLC |
| |
| By: | /s/ Roger Yee |
| | Title: Vice President |
| |
| CIFC FUNDING 2006-1, LTD. |
| CIFC FUNDING 2007-II, LTD. |
| CIFC FUNDING 2011-1, LTD. |
| | By: | CCIFC Asset Management LLC, |
| | As Collateral Manager |
| |
| By: | /s/ Stephen Vaccaro |
| | Title: Chief Investment Officer |
| |
| COLUMBUSNOVA CLO LTD. 2006-1 |
| COLUMBUSNOVA CLO LTD 2007-I |
| COLUMUBSNOVA CLO IV LTD. 2007-II |
| | By: | Columbus Nova Credit Investments Management LLC, |
| | its Collateral Manager |
| |
| By: | /s/ Stephen Vaccaro |
| | Title: Chief Investment Officer |
| |
| Hewett’s Island CLO III, Ltd. |
| | By: | CypressTree Investments Management LLC, |
| | its Collateral Manager |
| |
| By: | /s/ Stephen Vaccaro |
| | Title: Chief Investment Officer |
| |
| BRIDGEPORT CLO, LTD |
| BRIDGEPORT CLO II, LTD. |
| BURR RIDGE CLO PLUS LTD. |
| MARQUETTE PARK CLO LTD. |
| SCHILLER PARK CLO LTD. |
| | By: | Deerfield Capital Management LLC, |
| | its Collateral Manager |
| |
| By: | /s/ Stephen Vaccaro |
| | Title: Chief Investment Officer |
Signature Page to Ameristar First Amendment to Credit Agreement
| PRIMUS CLO I, LTD. |
| PRIMUS CLO II, LTD. |
| | By: | Deerfield Capital Management LLC, |
| | its Subadviser |
| |
| By: | /s/ Stephen Vaccaro |
| | Title: Chief Investment Officer |
| |
| COMMERZBANK AG NEW YORK AND GRAND CAYMAN BRANCHES |
| |
| By: | /s/ Brian McBride |
| | Title: Managing Director |
| |
| By: | /s/ Kelly Goudge |
| | Title: Assistant Vice President |
| |
| CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK |
| |
| By: | /s/ Joseph A. Asciolla |
| | Title: Managing Director |
| |
| By: | /s/ David Bowers |
| | Title: Managing Director |
| |
| CREDIT SUISSE LOAN FUNDING LLC |
| |
| By: | /s/ Michael Wotanowski |
| | Title: Authorized Signatory |
| |
| By: | /s/ Barry Zamore |
| | Title: Managing Director |
| |
| FLAGSHIP CLO IV |
| | By: | Deutsche Investment Management Americas, Inc. |
| | (as successor in interest to Deutsche Asset |
| | Management, Inc.) as Collateral Manager |
| |
| By: | /s/ Eric S. Meyer |
| | Title: Managing Director |
| |
| By: | /s/ Shameem R. Kathiwalla |
| | Title: Vice President |
Signature Page to Ameristar First Amendment to Credit Agreement
| MT. WHITNEY SECURITIES, INC. |
| | By: | Deutsche Investment Management Americas Inc. |
| | as Manager |
| |
| By: | /s/ Eric S. Meyer |
| | Title: Managing Director |
| |
| By: | /s/ Shameem R. Kathiwalla |
| | Title: Vice President |
| |
| FOUR CORNERS CLO II, LTD. |
| |
| By: | /s/ Matthew Garvis |
| | Title: Vice President |
| |
| FOUR CORNERS CLO III, LTD. |
| |
| By: | /s/ Adam Brown |
| | Title: Vice President |
| |
| DORAL MONEY, INC. |
| |
| By: | /s/ Dennis Talley |
| | Title: Managing Director |
| |
| EAST WEST BANK |
| |
| By: | /s/ Adam Maria |
| | Title: Vice President |
| |
| VARIABLE INSURANCE PRODUCTS FUND: HIGH INCOME PORTFOLIO |
| |
| By: | /s/ Kenneth B. Robins |
| | Title: Deputy Treasurer |
| |
| LUCENT TECHNOLOGIES INC. MASTER PENSION TRUST, |
| | By: | Pyamis Global Advisors Trust Company |
| | as Investment Manager |
| |
| By: | /s/ Dana Rancourt |
| | Title: Director |
| |
| FIDELITY ADVISOR SERIES I: FIDELITY ADVISOR FLOATING RATE HIGH INCOME FUND |
| |
| By: | /s/ Kenneth B. Robins |
| | Title: Deputy Treasurer |
Signature Page to Ameristar First Amendment to Credit Agreement
| |
| FIDELITY ADVISOR SERIES 1: FIDELITY ADVISOR HIGH INCOME FUND |
| |
| By: | /s/ Kenneth B. Robins |
| | Title: Deputy Treasurer |
| |
| FIDELITY CANADIAN BALANCED FUND, FOR FIDELITY INVESTMENTS CANADA ULC AS TRUSTEE OF FIDELITY CANADIAN BALANCED FUND |
| |
| By: | /s/ Kenneth B. Robins |
| | Title: Deputy Treasurer |
| |
| FIDELITY CENTRAL INVESTMENT PORTFOLIOS LLC:FIDELITY HIGH INCOME CENTRAL FUND 2 |
| |
| By: | /s/ Kenneth B. Robins |
| | Title: Deputy Treasurer |
| |
| FIDELITY CENTRAL INVESTMENT PORTFOLIOS LLC:FIDELITY SPECIALIZED HIGH INCOME CENTRAL FUND |
| |
| By: | /s/ Kenneth B. Robins |
| | Title: Deputy Treasurer |
| |
| FIDELITY INCOME FUND: FIDELITY TOTAL BOND FUND |
| |
| By: | /s/ Kenneth B. Robins |
| | Title: Deputy Treasurer |
| |
| FIDELITY SUMMER STREET TRUST - FIDELITY SERIES HIGH INCOME FUND |
| |
| By: | /s/ Kenneth B. Robins |
| | Title: Deputy Treasurer |
| |
| FIDELITY SUMMER STREET TRUST - FIDELITY FOCUSED HIGH INCOME Fund |
| |
| By: | /s/ Kenneth B. Robins |
| | Title: Deputy Treasurer |
| |
| FIDELITY SUMMER STREET TRUST-FIDELITY HIGH INCOME FUND |
| |
| By: | /s/ Kenneth B. Robins |
| | Title: Deputy Treasurer |
| |
Signature Page to Ameristar First Amendment to Credit Agreement |
| FIDELITY AMERICAN HIGH YIELD FUND, FOR FIDELITY INVESTMENTS CANADA ULC AS TRUSTEE OF FIDELITY AMERICAN HIGH FIELD FUND |
| |
| By: | /s/ Kenneth B. Robins |
| | Title: Deputy Treasurer |
| |
| PYRAMIS HIGH YIELD BOND COMMINGLED POOL, |
| By: Pyramis Global Advisors Trust Company as Trustee |
| |
| By: | /s/ Dana Rancourt |
| | Title: Director |
| |
| ADVANCED SERIES TRUST - AST FIRST TRUST BALANCED TARGET PORTFOLIO |
| By: First Trust Advisors L.P., its investment arranger or its investment advisor |
| |
| By: | /s/ William A. Housey, Jr. |
| | Title: Senior Vice President |
| |
| FIRST TRUST SENIOR FLOATING RATE INCOME FUND II |
| By: First Trust Advisors L.P., its investment manager or its investment advisor |
| |
| By: | /s/ William A. Housey, Jr. |
| | Title: Senior Vice President |
| |
| FIRST WESTERN CAPITAL MANAGEMENT HIGH INCOME SENIOR LOANS LIMITED PARTNERSHIP |
| |
| By: | /s/ Jose Mayorga |
| | Title: Authorized Signatory |
| |
| FOOTHILL CLO I, LTD. |
| |
| By: | /s/ Glori Graziano |
| | Title: Managing Director |
| |
| FRANKLIN INVESTORS SECURITIES TRUST FRANKLIN LOW DURATION TOTAL RETURN FUND |
| |
| By: | /s/ Guang Alex Yu |
| | Title: Authorized Signatory |
| | |
Signature Page to Ameristar First Amendment to Credit Agreement |
| FRANKLIN CLO V, LTD. |
| Franklin Advisers, Inc. as Collateral Manager |
| |
| By: | /s/ Davie Ardini |
| | Title: Authorized Signatory |
| |
| FRANKLIN STRATEGIC INCOME FUND (CANADA) |
| |
| By: | /s/ Guang Alex Yu |
| | Title: Authorized Signatory |
| |
| FRANKLIN STRATEGIC SERIES - FRANKLIN STRATEGIC INCOME FUND |
| |
| By: | /s/ Guang Alex Yu |
| | Title: Authorized Signatory |
| |
| FRANKLIN TEMPLETON VARIABLE INSURANCE PRODUCTS TRUST FRANKLIN STRATEGIC INCOME SECURITIES FUND |
| |
| By: | /s/ Guang Alex Yu |
| | Title: Authorized Signatory |
| |
| MET INVESTORS SERIES TRUST - MET/FRANKLIN LOW DURATION TOTAL RETURN PORTFOLIO |
| |
| By: | /s/ Guang Alex Yu |
| | Title: Authorized Signatory |
| |
| FRANKLIN TEMPLETON TOTAL RETURN FDP FUND OF FDP SERIES, INC. |
| |
| By: | /s/ Guang Alex Yu |
| | Title: Authorized Signatory |
| |
| FRANKLIN INVESTORS SECURITIES TRUST FRANKLIN REAL RETURN FUND |
| |
| By: | /s/ Guang Alex Yu |
| | Title: Authorized Signatory |
| |
| FRANKLIN- TOTAL RETURN FUND |
| |
| By: | /s/ Guang Alex Yu |
| | Title: Authorized Signatory |
| |
Signature Page to Ameristar First Amendment to Credit Agreement |
| FRASER SULLIVAN CLO VI LTD. |
| By: FS COA Management, LLC as Portfolio Manager |
| |
| By: | /s/ John W. Fraser |
| | Title: Manager |
| |
| GE CAPITAL FINANCIAL INC. |
| |
| By: | /s/ Stepen F. Schroppe |
| | Title: Duly Authorized Signatory |
| |
| GOLDMAN SACHS LENDING PARTNERS LLC |
| |
| By: | /s/ Michelle Latzoni |
| | Title: Authorized Signatory |
| |
| ABS LOANS 2007 LIMITED, A SUBSIDIARY OF GOLDMAN SACHS INSTITUTIONAL FUNDS II PLC |
| |
| By: | /s/ Keith Rothwell |
| | Title: Authorized Signatory |
| |
| By: | /s/ Simon Firbank |
| | Title: Authorized Signatory |
| |
| GOLDMAN SACHS ASSET MANAGEMENT CLO , PUBLIC LIMITED COMPANY |
| By: Goldman Sacks Asset Manager, L.P., as Manager |
| |
| By: | /s/ Srivathsa Gopinath |
| | Title: Vice President |
| |
| INWOOD PARK CDO LTD. |
| By: Blackstone Debt Advisors L.P. as Collateral Manager |
| |
| By: | /s/ Daniel H. Smith |
| | Title: Authorized Signatory |
| |
| PROSPECT PARK CDO LTD. |
| By: Blackstone Debt Advisors L.P. as Collateral Manager |
| |
| By: | /s/ Daniel H. Smith |
| | Title: Authorized Signatory |
| |
| BLACKSTONE SPECIAL FUNDING (IRELAND) |
| By: GSO Capital Partners LP, as Manager |
| |
| By: | /s/ Marisa Beeney |
| | Title: Authorized Signatory |
| |
Signature Page to Ameristar First Amendment to Credit Agreement |
| MAPS CLO FUND II, LTD, |
| By GSO/Blackstone Debt Funds Management LLC as Collateral Manager |
| |
| By: | /s/ Daniel H. Smith |
| | Title: Authorized Signatory |
| |
| CALLIDUS DEBT PARTNERS CLO FUND IV, LTD. |
| By: GSO/Blackstone Debt Funds Management LLC as Collateral Manager |
| |
| By: | /s/ Daniel H. Smith |
| | Title: Authorized Signatory |
| |
| CALLIDUS DEBT PARTNERS CLO FUND VII, LTD. |
| By: GSO/Blackstone Debt Funds Management LLC as Collateral Manager |
| |
| By: | /s/ Daniel H. Smith |
| | Title: Authorized Signatory |
| |
| CHELSEA PARK CLO LTD. |
| By: GSO/Blackstone Debt Funds Management LLC as Portfolio Manager |
| |
| By: | /s/ Daniel H. Smith |
| | Title: Authorized Signatory |
| |
| 280 FUNDING I |
| By: GSO Capital Partners LP, as Portfolio Manager |
| |
| By: | /s/ Marisa Beeney |
| | Title: Authorized Signatory |
| |
| FM LEVERAGED CAPITAL FUND II |
| By: GSO/Blackstone Debt Funds Management LLC as Subadvisr to FriedbergMilstein LLC |
| |
| By: | /s/ Daniel H. Smith |
| | Title: Authorized Signatory |
| |
| GSO PALMETTO LIQUIDITY FUND LLC |
| By: GSO/Blackstone Debt Funds Management LLC as Investment Manager |
| |
| By: | /s/ Daniel H. Smith |
| | Title: Authorized Signatory |
| |
Signature Page to Ameristar First Amendment to Credit Agreement |
| UNITED HEALTHCARE INSURANCE COMPANY |
| By: GSO Capital Advisors LLC as Manager |
| |
| By: | /s/ Daniel H. Smith |
| | Title: Authorized Signatory |
| |
| RIVERSIDE PARK CLO LTD. |
| By: GSO/Blackstone Debt Funds Management LLC as Collateral Manager |
| |
| By: | /s/ Daniel H. Smith |
| | Title: Authorized Signatory |
| |
| SUN LIFE ASSURANCE CO OF CANADA(US) |
| By: GSO/Blackstone CP Holdings LP as Sub-Advisor |
| |
| By: | /s/ Daniel H. Smith |
| | Title: Authorized Signatory |
| |
| HALCYON STRUCTURED ASSET MANAGEMENT CLO I LTD. |
| HALCYON STRUCTURED ASSET MANAGEMENT LONG SECURED/SHORT UNSECURED 2007-3 LTD. |
| |
| By: | /s/ David Martino |
| | Title: Controller |
| |
| US BANK LOAN FUND (M)(MASTER TRUST) |
| By: Alcentra NY, as investment advisor |
| |
| By: | /s/ Daymian Campbell |
| | Title: Vice President |
| |
| BRENTWOOD CLO, LTD. |
| By: Highland Capital Management, L.P., as Collateral Manager |
| By: Strand Advisors, Inc., Its General Partner |
| |
| By: | /s/ Carter Chism |
| | Title: Authorized Signatory |
| |
| EASTLAND CLO, LTD. |
| By: Highland Capital Management, L.P., as Collateral Manager |
| By: Strand Advisors, Inc., Its General Partner |
| |
| By: | /s/ Carter Chism |
| | Title: Authorized Signatory |
| |
Signature Page to Ameristar First Amendment to Credit Agreement |
| HEWETT’S ISLAND CLO I-R, LTD. |
| By: ACIS Capital Management, L.P., as Collateral |
| Manager |
| By: ACIS Capital Management GP LLC, Its General Partner |
| |
| By: | /s/ Carter Chism |
| | Title: Authorized Signatory |
| | |
| RED RIVER CLO, LTD |
| By: Highland Capital Management, L.P., as Collateral |
| Manager |
| By: Strand Advisors, Inc., Its General Partner |
| | |
| By: | /s/ Carter Chism |
| | Title: Authorized Signatory |
| | |
| STRATFORD CLO, LTD. |
| By: Highland Capital Management, L.P., as Collateral |
| Manager |
| By: Strand Advisors, Inc., Its General Partner |
| | |
| By: | /s/ Carter Chism |
| | Title: Authorized Signatory |
| | |
| GREENBRIAR CLO, LTD. |
| By: Highland Capital Management, L.P., as Collateral |
| Manager |
| By: Strand Advisors, Inc., Its General Partner |
| | |
| By: | /s/ Carter Chism |
| | Title: Authorized Signatory |
| | |
| CHILDREN’S HEALTHCARE OF ATLANTA INC. |
| By: Highland Capital Management, L.P., as Investment |
| Manager |
| By: Strand Advisors, Inc., Its General Partner |
| | |
| By: | /s/ Carter Chism |
| | Title: LendAmend LLC Administrator |
Signature Page to Ameristar First Amendment to Credit Agreement
| PHOENIX CLO I, LTD. |
| PHOENIX CLO II, LTD. |
| PHOENIX CLO III, LTD. |
| ING INVESTMENT MANAGEMENT CLO II, LTD. |
| ING INVESTMENT MANAGEMENT CLO III, LTD. |
| ING INVESTMENT MANAGEMENT CLO IV, LTD. |
| ING INVESTMENT MANAGEMENT CLO V, LTD. |
| BY: ING ALTERNATIVE ASSET MANAGEMENT LLC, |
| as it Investment manager |
| ING FLOATING RATE FUND |
| ING (L) FLEX - SENIOR LOANS |
| By: ING Investment Management Co LLC, |
| as it Investment manager |
| |
| By: | /s/ Jason Esplin |
| | Title: Vice President |
| |
| HUDSON CANYON FUNDING II, LTD |
| By: Invesco Senior Secured Management, Inc. |
| As Collateral Manager & Attorney in Fact |
| |
| By: | /s/ Kevin Egan |
| | Title: Authorized Signatory |
| |
| MOSELLE CLO S.A. |
| By: Invesco Senior Secured Management, Inc. |
| As Collateral Manager |
| |
| By: | /s/ Kevin Egan |
| | Title: Authorized Signatory |
| |
| NAUTIQUE FUNDING LTD. |
| By: Invesco Senior Secured Management, Inc. |
| As Collateral Manager |
| |
| By: | /s/ Kevin Egan |
| | Title: Authorized Signatory |
| | |
| QUALCOMM GLOBAL TRADING, INC. |
| By: Invesco Senior Secured Management, Inc. |
| As Investment Manager |
| |
| By: | /s/ Kevin Egan |
| | Title: Authorized Signatory |
Signature Page to Ameristar First Amendment to Credit Agreement
| BELHURST CLO LTD. |
| By: Invesco Senior Secured Management, Inc. |
| As Collateral Manager |
| |
| By: | /s/ Kevin Egan |
| | Title: Authorized Signatory |
| |
| SARATOGA CLO I, LIMITED |
| By: Invesco Senior Secured Management, Inc. |
| As the Asset Manager |
| |
| By: | /s/ Kevin Egan |
| | Title: Authorized Signatory |
| |
| JPMORGAN STRATEGIC INCOME OPPORTUNITIES FUND |
| |
| By: | /s/ William J. Morgan |
| | Title: Managing Director |
| |
| JPMORGAN CHASE BANK N.A. |
| |
| By: | /s/ Marc Costantino |
| | Title: Executive Director |
| |
| KATONAH IX CLO LTD. |
| |
| By: | /s/ Daniel Gilligan |
| | Title: Authorized Officer |
| |
| KATONAH VII CLO LTD. |
| |
| By: | /s/ Daniel Gilligan |
| | Title: Authorized Officer |
| |
| KATONAH VIII CLO LTD. |
| |
| By: | /s/ Daniel Gilligan |
| | Title: Authorized Officer |
| |
| KATONAH X CLO LTD. |
| |
| By: | /s/ Daniel Gilligan |
| | Title: Authorized Officer |
Signature Page to Ameristar First Amendment to Credit Agreement
| CONFLUENT 4 LIMITED, AS LENDER |
| By: Loomis, Sayles & Company, L.P., as Sub-Manager |
| By: Loomis, Sayles & Company, Incorporated, its General |
| Partner |
| |
| By: | /s/ Mary McCarthy |
| | Title: Vice President |
| | |
| LCM IX LIMITED PARTNERSHIP |
| By: LCM Asset Management LLC as Collateral Manager |
| | |
| By: | /s/ Alexander B. Kenna |
| | Title: Authorized Signatory |
| | |
| MARATHON CLO II LTD |
| By: Marathon Asset Management LP its Collateral Manager |
| | |
| By: | /s/ Louis Hanover |
| | Title: Chief Investment Officer |
| | |
| METROPOLITAN LIFE INSURANCE COMPANY |
| | |
| By: | /s/ Matthew J. McInerny |
| | Title: Managing Director |
| | |
| MARLBOROUGH STREET CLO, LTD. |
| By its Collateral Manager, Massachusetts Financial Services |
| Company |
| |
| By: | /s/ David J. Cobey |
| | Title: as authorized representative and not individually |
| | |
| JERSEY STREET CLO, LTD. |
| By its Collateral Manager, Massachusetts Financial Services |
| Company |
| | |
| By: | /s/ David J. Cobey |
| | Title: as authorized representative and not individually |
| | |
| VENTURE IX CDO, LIMITED |
| By: its investment advisors, MJX Asset Management LLC |
| | |
| By: | /s/ Simon Yuan |
| | Title: Managing Director |
Signature Page to Ameristar First Amendment to Credit Agreement
| VENTURE V CDO LIMITED |
| By: its investment advisors, MJX Asset Management LLC |
| |
| By: | /s/ Simon Yuan |
| | Title: Managing Director |
| | |
| VENTURE VII CDO LIMITED |
| By: its investment advisors, MJX Asset Management LLC |
| | |
| By: | /s/ Simon Yuan |
| | Title: Managing Director |
| | |
| VENTURE VIII CDO, LIMITED |
| By: its investment advisors, MJX Asset Management LLC |
| | |
| By: | /s/ Simon Yuan |
| | Title: Managing Director |
| | |
| LIGHTPOINT CLO V, LTD. |
| By: Neuberger Berman Fixed Income LLC |
| as collateral manager |
| | |
| By: | /s/ Colin Donlan |
| | Title: Authorized Signatory |
| | |
| LIGHTPOINT CLO VII, LTD. |
| By: Neuberger Berman Fixed Income LLC |
| as collateral manager |
| | |
| By: | /s/ Colin Donlan |
| | Title: Authorized Signatory |
| | |
| LIGHTPOINT CLO VIII, LTD. |
| By: Neuberger Berman Fixed Income LLC |
| as collateral manager |
| | |
| By: | /s/ Colin Donlan |
| | Title: Authorized Signatory |
Signature Page to Ameristar First Amendment to Credit Agreement
| MAINSTAY FLOATING RATE FUND, A SERIES OF MAINSTAY FUNDS TRUST |
| MAINSTAY VP FLOATING RATE PORTFOLIO, A SERIES OF MAINSTAY VP SERIES FUNDS TRUST |
| NYLIM FLATIRON CLO 2006-1 LTD. |
| FLATIRON CLO 2007-1 LTD. |
| SILVERADO CLO 2006-II LIMITED |
| FLATIRON CLO 2011-1 LTD. |
| NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION |
| WIND RIVER REINSURANCE COMPANY, LTD. |
| By: New York Life Investment Management LLC, |
| its Investment Manager |
| |
| By: | /s/ Alex Baumberger |
| | Title: Director |
| | |
| NEW YORK LIFE INSURANCE COMPANY |
| | |
| By: | /s/ Alex Baumberger |
| | Title: Director |
| | |
| OAK HILL CREDIT PARTNERS V, LIMITED |
| By: Oak Hill Advisors, L.P., as Portfolio Manager |
| | |
| By: | /s/ Glenn R. August |
| | Title: Authorized Signatory |
| | |
| FUTURE FUND BOARD OF GUARDIANS |
| By: Oak Hill Advisors, L.P., as its Investment Manager |
| | |
| By: | /s/ Glenn R. August |
| | Title: Authorized Signatory |
| | |
| OHA INTREPID LEVERAGED LOAN FUND, LTD. |
| By: Oak Hill Advisors, L.P., as its Portfolio Manager |
| | |
| By: | /s/ Glenn R. August |
| | Title: Authorized Signatory |
| | |
| OHA PARK AVENUE CLO I LTD. |
| By: Oak Hill Advisors, L.P., as its Investment Manager |
| | |
| By: | /s/ Glenn R. August |
| | Title: Authorized Signatory |
Signature Page to Ameristar First Amendment to Credit Agreement
| ARCH INVESTMENT HOLDINGS IV LTD. |
| By: Oaktree Capital Management, L.P. |
| Its: Investment Manager |
| |
| By: | /s/ Rob Perelson |
| | Title: Managing Director |
| | |
| By: | /s/ Desmund Shirazi |
| | Title: Managing Director |
| | |
| OAKTREE SENIOR LOAN FUND L.P. |
| By: Oaktree Senior Loan Fund GP, L.P. Its: General Partner |
| By: Oaktree Fund GP IIA, LLC Its: General Partner |
| By: Oaktree Fund GP II, L.P. Its managing Member |
| | |
| By: | /s/ Rob Perelson |
| | Title: Authorized Signatory |
| | |
| By: | /s/ Desmund Shirazi |
| | Title: Authorized Signatory |
| | |
| THE PUBLIC EDUCATION EMPLOYEE RETIREMENT SYSTEM OF MISSOURI |
| By: Oaktree Capital Management, L.P. |
| Its: Investment Manager |
| | |
| By: | /s/ Rob Perelson |
| | Title: Authorized Signatory |
| | |
| By: | /s/ Desmund Shirazi |
| | Title: Authorized Signatory |
| | |
| THE PUBLIC SCHOOL RETIREMENT SYSTEM OF MISSOURI |
| By: Oaktree Capital Management, L.P. |
| Its: Investment Manager |
| | |
| By: | /s/ Rob Perelson |
| | Title: Authorized Signatory |
| | |
| By: | /s/ Desmund Shirazi |
| | Title: Authorized Signatory |
Signature Page to Ameristar First Amendment to Credit Agreement
| ACE TEMPEST REINSURANCE LTD. |
| By: Oaktree Capital Management, L.P. |
| Its: Investment Manager |
| |
| By: | /s/ Rob Perelson |
| | Title: Authorized Signatory |
| | |
| By: | /s/ Desmund Shirazi |
| | Title: Authorized Signatory |
| | |
| OCTAGON INVESTMENT PARTNERS XI, LTD. |
| OCTAGON PAUL CREDIT FUND SERIES I, LTD. |
| By: Octagon Credit Investors, LLC as Collateral Manager |
| OCTAGON INVESTMENT PARTNERS V, LTD. |
| OCTAGON DELAWARE TRUST 2011 |
| By: Octagon Credit Investors, LLC as Portfolio Manager |
| | |
| By: | /s/ Lauren M. Basmadjian |
| | Title: Portfolio Manager |
| | |
| OPPENHEIMER MASTER LOAN FUND, LLC |
| Brown Brothers Harriman & Co. acting as agent for OppenheimerFunds, Inc. |
| | |
| By: | /s/ Jason Reuter |
| | Title: Assistant Vice President |
| | |
| OPPENHEIMER SENIOR FLOATING RATE FUND |
| Brown Brothers Harriman & Co. acting as agent for OppenheimerFunds, Inc. |
| | |
| By: | /s/ Jason Reuter |
| | Title: Assistant Vice President |
| | |
| TRALEE CDO I, LTD. |
| By: Par-Four Investment Management LLC |
| as Collateral Manager |
| | |
| By: | /s/ Joseph Matteo |
| | Title: Authorized Signatory |
| | |
| MAYPORT CLO, LTD. |
| By: Pacific Investment Management Company LLC, |
| as its Investment Advisor |
| | |
| By: | /s/ Arthur Y.D. Ong |
| | Title: Executive Vice President |
Signature Page to Ameristar First Amendment to Credit Agreement
| PORTOLA CLO LTD. |
| By: Pacific Investment Management Company LLC, |
| as its Investment Advisor |
| |
| By: | /s/ Arthur Y.D. Ong |
| | Title: Executive Vice President |
| | |
| PIMCO FUNDS: PIMCO SENIOR FLOATING RATE FUND |
| By: Pacific Investment Management Company LLC, |
| as its Investment Advisor |
| | |
| By: | /s/ Arthur Y.D. Ong |
| | Title: Executive Vice President |
| | |
| PIMCO CAYMAN BANK LOAN FUND |
| By: Pacific Investment Management Company LLC, |
| as its Investment Advisor |
| | |
| By: | /s/ Arthur Y.D. Ong |
| | Title: Executive Vice President |
| | |
| FAIRWAY LOAN FUNDING COMPANY |
| By: Pacific Investment Management Company LLC, |
| as its Investment Advisor |
| | |
| By: | /s/ Arthur Y.D. Ong |
| | Title: Executive Vice President |
| | |
| PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES SENIOR FLOATING RATE PORTFOLIO |
| By: Pacific Investment Management Company LLC, |
| as its Investment Advisor |
| | |
| By: | /s/ Arthur Y.D. Ong |
| | Title: Executive Vice President |
| | |
| TRS HY FUNDS LLC |
| By: Deutsche Bank AG Cayman Islands Branch, its sole |
| member |
| By: DB Services New Jersey, Inc. |
| | |
| By: | /s/ Angeine Quintana |
| | Title: Assistant Vice President |
| | |
| By: | /s/ Christine LaMonaca |
| | Title: Assistant Vice President |
Signature Page to Ameristar First Amendment to Credit Agreement
| GALAXY XI CLO, LTD. |
| By: PineBridge Investments LLC As Collateral Manager |
| |
| By: | /s/ Steven Oh |
| | Title: Managing Director |
| | |
| VALIDUS REINSURANCE LTD |
| By: PineBridge Investments LLC As Investment Manager |
| | |
| By: | /s/ Steven Oh |
| | Title: Managing Director |
| | |
| GALAXY VI CLO, LTD |
| By: PineBridge Investments LLC As Collateral Manager |
| | |
| By: | /s/ Steven Oh |
| | Title: Managing Director |
| | |
| PIONEER MULTI-ASSET FLOATING RATE FUND |
| PIONEER FLOATING RATE TRUST |
| PIONEER FLOATING RATE FUND |
| By: Pioneer Investment Management, Inc. |
| As adviser to each Lender above |
| | |
| By: | /s/ Margaret C. Begley |
| | Title: Secretary and Associate General Counsel |
| | |
| MENTPELIER INVESTMENTS HOLDINGS LTD. |
| By: Pioneer Investment Management, |
| As adviser to each Lender above |
| | |
| By: | /s/ Margaret C. Begley |
| | Title: Secretary and Associate General Counsel |
| | |
| JNL/PPM AMERICA FLOATING RATE INCOME FUND, A SERIES OF THE JML SERIES TRUST |
| | |
| By: | /s/ David C. Wagner |
| | Title: Managing Director |
| | |
| PPM GRAYHAWK CLO, LTD. |
| | |
| By: | /s/ David C. Wagner |
| | Title: Managing Director |
Signature Page to Ameristar First Amendment to Credit Agreement
| DRYDEN XXI LEVERAGED LOAN CDO LLC |
| By: Prudential Investment Management, Inc. |
| as Collateral Manager |
| |
| By: | /s/ Brian Juliano |
| | Title: Managing Director |
| | |
| GATEWAY CLO LIMITED |
| By: Prudential Investment Management, Inc. |
| as Collateral Manager |
| | |
| By: | /s/ Brian Juliano |
| | Title: Managing Director |
| | |
| PRAMERICA LOAN OPPORTUNITIES LIMITED |
| By: Premerica Investment Management, a trading name of Prudential Investment Management, Inc. as Investment Manager |
| | |
| By: | /s/ Brian Juliano |
| | Title: Managing Director |
| | |
| DRYDEN XI - LEVERAGED LOAN CDO 2006 |
| By: Prudential Investment Management, Inc. |
| as Collateral Manager |
| | |
| By: | /s/ Brian Juliano |
| | Title: Managing Director |
| | |
| DRYDEN XVIII LEVERAGED LOAN 2007 LTD. |
| By: Prudential Investment Management, Inc. |
| as Collateral Manager |
| | |
| By: | /s/ Brian Juliano |
| | Title: Managing Director |
| | |
| PUTNAM FLOATING RATE INCOME FUND |
| | |
| By: | /s/ Beth Mazor |
| | Title: Vice President |
| | |
| VERITAS CLO II, LTD |
| By: Alcentra NY, as investment advisor |
| | |
| By: | /s/ Daymian Campbell |
| | Title: Vice President |
Signature Page to Ameristar First Amendment to Credit Agreement
| RAYMOND JAMES BANK, N.A. |
| |
| By: | /s/ James M. Armstrong |
| | Title: Senior Vice President |
| | |
| CHATHAM LIGHT II CLO, LIMITED |
| | By: Sankaty Advisors, LLC as Collateral Manager |
| | |
| By: | /s/ Andrew S. Viens |
| | Title: Senior Vice President of Operations |
| | |
| NASH POINT CLO |
| | By: Sankaty Advisors, LLC as Collateral Manager |
| | |
| By: | /s/ Andrew S. Viens |
| | Title: Senior Vice President of Operations |
| | |
| RACE POINT III CLO |
| | By: Sankaty Advisors, LLC as Collateral Manager |
| | |
| RACE POINT IV CLO, LTD. |
| | By: Sankaty Advisors, LLC as Collateral Manager |
| | |
| By: | /s/ Andrew S. Viens |
| | Title: Senior Vice President of Operations |
| | |
| RACE POINT V CLO, LIMITED |
| | By: Sankaty Advisors, LLC as Asset Manager |
| | |
| By: | /s/ Andrew S. Viens |
| | Title: Senior Vice President of Operations |
| | |
| HIGHMARK INC. (Shenkman — Bank Loan Account) |
| | By: | Shenkman Capital Management, Inc. |
| | | as Investment Manager |
| | |
| By: | /s/ Richard H. Weinstein |
| | Title: Chief Operating Officer |
| | |
| BSA COMMINGLED ENDOWMENT FUND, LP |
| | By: | Shenkman Capital Management, Inc. |
| | | as Investment Manager |
| | |
| By: | /s/ Richard H. Weinstein |
| | Title: Chief Operating Officer |
Signature Page to Ameristar First Amendment to Credit Agreement
| BSA RETIREMENT PLAN FOR EMPLOYEES |
| | By: | Shenkman Capital Management, Inc. |
| | | as Investment Manager |
| | |
| By: | /s/ Richard H. Weinstein |
| | Title: Chief Operating Officer |
| | |
| TEACHERS RETIREMENT SYSTEM OF LOUISIANA |
| | (Shenkman — Bank Loan Account) |
| | By: | Shenkman Capital Management, Inc. |
| | | as Investment Manager |
| | |
| By: | /s/ Richard H. Weinstein |
| | Title: Chief Operating Officer |
| | |
| TRUSTMARK INSURANCE COMPANY |
| | By: | Shenkman Capital Management, Inc. |
| | | as Investment Manager |
| | |
| By: | /s/ Richard H. Weinstein |
| | Title: Chief Operating Officer |
| | |
| WM POOL - FIXED INTEREST TRUST NO. 7 |
| | By: | Shenkman Capital Management, Inc. |
| | | as Investment Manager |
| | |
| By: | /s/ Richard H. Weinstein |
| | Title: Chief Operating Officer |
| | |
| TEXAS PREPAID HIGHER EDUCATION TUITION BOARD |
| | By: | Shenkman Capital Management, Inc. |
| | | as Investment Manager |
| | |
| By: | /s/ Richard H. Weinstein |
| | Title: Chief Operating Officer |
| | |
| TAVITIAN FOUNDATION, INC. |
| | By: | Shenkman Capital Management, Inc. |
| | | as Investment Manager |
| | |
| By: | /s/ Richard H. Weinstein |
| | Title: Chief Operating Officer |
| | | | | | |
Signature Page to Ameristar First Amendment to Credit Agreement
| WESTBROOK CLO, LTD. |
| | By: | Shenkman Capital Management, Inc. |
| | | as Investment Manager |
| | |
| By: | /s/ Richard H. Weinstein |
| | Title: Chief Operating Officer |
| | |
| SUMITOMO MITSUI BANKING CORPORATION |
| | |
| By: | /s/ William G. Karl |
| | Title: General Manager |
| | |
| CORNERSTONE CLO LTD. |
| | By: | Stone Tower Debt Advisors LLC, as it Collateral Manager |
| | |
| By: | /s/ Joe Moroney |
| | Title: Authorized Signatory |
| | |
| Falcon Senior Loan Fund Ltd. |
| | By: | Stone Tower Debt Advisors LLC, as it Collateral Manager |
| | |
| By: | /s/ Joe Moroney |
| | Title: Authorized Signatory |
| | |
| RAMPART CLO 2006-1 LTD. |
| | By: | Stone Tower Debt Advisors LLC, as it Collateral Manager |
| | |
| By: | /s/ Joe Moroney |
| | Title: Authorized Signatory |
| | |
| STONE TOWER CLO VII LTD. |
| | By: | Stone Tower Debt Advisors LLC, as it Collateral Manager |
| | |
| By: | /s/ Joe Moroney |
| | Title: Authorized Signatory |
| | |
| ACE AMERICAN INSURANCE COMPANY |
| | By: | T. Rowe Price Associates, Inc. as investment advisor |
| | |
| By: | /s/ Brian Burns |
| | Title: Vice President |
| | |
| T. ROWE PRICE FLOATING RATE FUND, INC. |
| | |
| By: | /s/ Brian Burns |
| | Title: Vice President |
Signature Page to Ameristar First Amendment to Credit Agreement
| FOUNDERS GROVE CLO, LTD. |
| | By: | Tall Tree Investment Management, LLC |
| | | as Collateral Manager |
| | |
| By: | /s/ Brian T. Buscher |
| | Title: Officer |
| | |
| GRANT GROVE CLO, LTD. |
| | By: | Tall Tree Investment Management, LLC |
| | | as Collateral Manager |
| | |
| By: | /s/ Brian T. Buscher |
| | Title: Officer |
| | |
| MUIR GROVE CLO, LTD. |
| | By: | Tall Tree Investment Management, LLC |
| | | as Collateral Manager |
| | |
| By: | /s/ Brian T. Buscher |
| | Title: Officer |
| | |
| STANDARD FIRE INSURANCE COMPANY |
| | |
| By: | /s/ Robert McIlrath |
| | Title: Senior Vice President |
| | |
| US BANK NATIONAL ASSOCIATION |
| | |
| By: | /s/ Brian Schwallie |
| | Title: Vice President |
| | |
| WELLS CAPITAL MANAGEMENT — 23928601 |
| | |
| By: | /s/ Philllip Susser |
| | Title: Portfolio Manager |
| |
| WELLS CAPITAL MANAGEMENT -13923601 |
| | |
| By: | /s/ Philllip Susser |
| | Title: Portfolio Manager |
| | |
| WELLS CAPITAL MANAGEMENT 18866500 |
| | |
| By: | /s/ Philllip Susser |
| | Title: Portfolio Manager |
Signature Page to Ameristar First Amendment to Credit Agreement
| WELLS CAPITAL MANAGEMENT — 23960800 |
| | |
| By: | /s/ Philllip Susser |
| | Title: Portfolio Manager |
| | |
| WELLS CAPITAL MANAGEMENT — 18325402 |
| | |
| By: | /s/ Philllip Susser |
| | Title: Portfolio Manager |
| | |
| Wells Fargo Bank, NA |
| | |
| By: | /s/ Candace Borrego |
| | Title: Vice President |
| | |
| SILVERADO CLO 2006-I, LTD. |
| | By: | Wells Capital Management |
| | |
| WELLS FARGO ADVANTAGE MULTI-SECTOR INCOME FUND |
| | By: | Wells Capital Management |
| | |
| OCEAN TRAILS CLO I |
| | By: | West Gate Horizons Advisors LLC, as Collateral Manager |
| | |
| By: | /s/ Cheryl A. Wasilewski |
| | Title: Senior Credit Analyst |
| | |
| WG HORIZONS CLO I |
| | By: West Gate Horizons Advisors LLC, as Manager |
| | |
| By: | /s/ Cheryl A. Wasilewski |
| | Title: Senior Credit Analyst |
Signature Page to Ameristar First Amendment to Credit Agreement