Exhibit 10.2
AMENDMENT NO. 1
Dated as of May 9, 2002
To Credit Suisse First Boston, Cayman Islands
Branch ("CSFB") as Administrative Agent (the "Administrative Agent") and the
other banks and financial Institutions party to the Credit Agreement
(collectively, the "Lenders") referred to below
Ladies and Gentlemen:
We refer to the Credit Agreement dated as of April 26, 2002,
(the "Credit Agreement") among the undersigned and you. Capitalized terms not
otherwise defined in this Amendment No. 1 have the same meanings as specified in
the Credit Agreement.
The Borrower has requested that, on the terms and conditions
set forth herein, the Required Lenders amend the Credit Agreement as provided
herein, and the parties hereto have agreed to amend the Credit Agreement as
follows:
(1) Section 2.01(a) of the Credit Agreement is hereby amended
by (i) deleting the words "a single advance" and substituting therefor the words
"not more than two advances", (ii) inserting the word "each" inside the
parentheses immediately preceding the words "a Term A Advance", (iii) deleting
the words "tenth Business Day after" and substituting therefor the words "the
nine month anniversary of the Closing Date" and (iv) deleting the word "The"
immediately preceding the words "Term A Borrowing" and substituting therefor the
word "Each."
(2) Section 2.01(b) of the Credit Agreement is hereby amended
by deleting the words "on the same date as the Term A Advances" and by
substituting therefor the words "at any time on or prior to the twentieth
Business Day after the Closing Date."
(3) Section 2.04(a) of the Credit Agreement is hereby amended
by (i) deleting the reference to "(i)" immediately preceding the words "The
Borrower" and (ii) inserting the words:
"that if the initial Term A Borrowing is not made on or prior
to June 30, 2002, then the first repayment of the Term A Advances shall
be made on the last Business Day of the Fiscal Quarter in which the
initial Term A Borrowing is made and the amount of each scheduled
repayment of the Term A Facility referred to above required to be made
prior to such date shall be added ratably to the amount of each
scheduled repayment of the Term A Facility referred to above following
such date; provided further,"
immediately following the words "provided, however,".
(4) Section 2.05(b)(iv) of the Credit Agreement is hereby
amended by (i) inserting the words "the earlier of" immediately following the
words "permanently reduced on", (ii) deleting the words "Term A Advances" and
substituting therefor the words "second Term A Borrowing or the nine
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month anniversary of the Closing Date", and (iii) deleting the words "made on
such date" and substituting therefor the words "theretofore made, including the
Term A Advances, if any, made on such date."
(5) Section 2.05(b)(v) of the Credit Agreement is hereby
amended by (i) inserting the words "the earlier of" immediately following the
words "permanently reduced on", (ii) deleting the words "Term B Advances" and
substituting therefor the words "Term B Borrowing or the twentieth Business Day
after the Closing Date", and (iii) inserting the phrase ", if any," immediately
preceding the words "made on such date."
(6) Section 2.08(a)(ii) of the Credit Agreement is hereby
amended by (i) inserting the words "the earlier of" immediately following the
words "Term A Lender until", (ii) deleting the words "Term A Advances, payable
on such date" and by substituting therefor the words "second Term A Borrowing or
the nine month anniversary of the Closing Date, payable quarterly commencing
June 30, 2002, on the last Business Day of each Fiscal Quarter thereafter and on
the earlier of the second Term A Borrowing or the nine month anniversary of the
Closing Date", (iii) by deleting the percentage "0.50%" and by substituting
therefor the percentage "1.75%", (iv) by inserting the word "unused" immediately
preceding the words "amount of the respective Term A Lender's" and (v) by
inserting the words "during such period" immediately following the words "Term A
Commitment."
This Amendment No. 1 shall become effective as of the date
first written above, when, and only when, the Administrative Agent shall have
received by 12:00 pm (Eastern Time) on or before May 9, 2002, (i) counterparts
of this Amendment No. 1 by the undersigned and the Required Lenders, or as to
any of such Lenders, advice satisfactory to the Administrative Agent that such
Lender has executed this Amendment No. 1, and (ii) the consent attached hereto
executed by each Guarantor. This Amendment No. 1 shall be subject to Section
8.01 of the Credit Agreement.
On and after the effectiveness of this Amendment No. 1, each
reference in the Credit Agreement to "this Agreement", "hereunder", "hereof" or
words of like import referring to the Credit Agreement, and each reference in
the Notes and each of the other Loan Documents to "the Credit Agreement",
"thereunder", "thereof" or words of like import referring to the Credit
Agreement, shall mean and be a reference to the Credit Agreement, as amended by
this Amendment No. 1.
The Credit Agreement and each of the other Loan Documents, as
specifically amended by this Amendment No. 1, are and shall continue to be in
full force and effect and are hereby in all respects ratified and confirmed. The
execution, delivery and effectiveness of this Amendment No. 1 shall not, except
as expressly provided herein, operate as a waiver of any right, power or remedy
of any party under any of the Loan Documents, nor constitute a waiver of any
provision of any of the Loan Documents.
If you agree to the terms and provisions hereof, please
evidence such agreement by executing and telecopying one signature page to
Doreen Welch at CSFB (Telecopier No. (212) 325-8327) and returning at least
three counterparts of this Amendment No. 1 to Natalie Allen at Shearman &
Sterling, 555 California Street, San Francisco, CA 94104 (Telecopier No. (415)
616-1199).
This Amendment No. 1 may be executed in any number of
counterparts and by different parties hereto in separate counterparts, each of
which when so executed shall be deemed to be an original and all of which taken
together shall constitute one and the same agreement. Delivery of an executed
counterpart of a signature page to this Amendment No. 1 by telecopier shall be
effective as delivery of a
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manually executed counterpart of this Amendment No. 1. This Amendment No. 1
shall be governed by, and construed in accordance with, the laws of the State of
New York.
Very truly yours,
DAVITA INC
By:______________________________
Name:
Title:
3
This Amendment No. 1 is agreed to as of the date first above written:
CREDIT SUISSE FIRST BOSTON, CAYMAN ISLANDS
BRANCH, as an Issuing Bank, as Swing
Line Bank, as a Lender, as a Book
Manager and as Administrative Agent
By:______________________________
Name:
Title:
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
BANK OF AMERICA, N.A., as Syndication
Agent and a Lender
By:______________________________
Name:
Title:
BANC OF AMERICA SECURITIES LLC, as a
Book Manager
By:______________________________
Name:
Title:
THE BANK OF NEW YORK, as a Documentation
Agent and a Lender
By:______________________________
Name:
Title:
THE BANK OF NOVA SCOTIA, as a Documentation
Agent and a Lender
By:______________________________
Name:
Title:
WACHOVIA BANK, NATIONAL ASSOCIATION, as
a Documentation Agent and a Lender
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
CREDIT LYONNAIS NEW YORK BRANCH, as a Lender
By:______________________________
Name:
Title:
ABBEY NATIONAL TREASURY SERVICES PLC (U.S. BRANCH)
By:______________________________
Name:
Title:
By:______________________________
Name:
Title:
ALLSTATE LIFE INSURANCE COMPANY
By:______________________________
Name:
Title:
AIMCO CDO SERIES 2000-A
By:______________________________
Name:
Title:
AIMCO CLO SERIES 2001-A
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
AMMC CDO I, LIMITED
By: American Money Management Corp.,
as Collateral Manager
By:______________________________
Name:
Title:
AMMC CDO II, LIMITED
By: American Money Management Corp.,
as Collateral Manager
By:______________________________
Name:
Title:
AMERICAN EXPRESS CERTIFICATE COMPANY
By: American Express Asset Management
Group, Inc., as Collateral Manager
By:______________________________
Name:
Title:
CANADIAN IMPERIAL BANK OF COMMERCE
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
CARLYLE HIGH YIELD PARTNERS, L.P.
By:______________________________
Name:
Title:
CARLYLE HIGH YIELD PARTNERS II, LTD.
By:______________________________
Name:
Title:
CARLYLE HIGH YIELD PARTNERS III, LTD.
By:______________________________
Name:
Title:
CARLYLE HIGH YIELD PARTNERS IV, LTD.
By:______________________________
Name:
Title:
CENTURION CDO II, LTD.
By: American Express Asset Management
Group, Inc., as Collateral Manager
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
CITADEL HILL 2000, LTD.
By:______________________________
Name:
Title:
CLYDESDALE CLO 2001-1, LTD.
By:______________________________
Name:
Title:
DENALI CAPITAL CLO I, LTD
By: Denali Capital LLC, managing member of DC
Funding Partners LLC, portfolio manager for
DENALI CAPITAL CLO I, LTD.
By:______________________________
Name:
Title:
DENALI CAPITAL CLO II, LTD
By: Denali Capital LLC, managing member of DC
Funding Partners LLC, portfolio manager for
DENALI CAPITAL CLO II, LTD.
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
DRESDNER BANK AG, NEW YORK AND CAYMAN ISLAND BRANCHES
By:______________________________
Name:
Title:
DRYDEN HIGH YIELD CDO 2001-I
By:______________________________
Name:
Title:
DRYDEN LEVERAGED LOAN CDO 2002-II
By:______________________________
Name:
Title:
EAST WEST BANK
By:______________________________
Name:
Title:
ELF FUNDING TRUST III
By: New York Life Investment Management,
LLC, as Attorney-in-fact
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
FLEET NATIONAL BANK
By:______________________________
Name:
Title:
FOUR CORNERS CAPITAL MONDRIAN CDO I LTD.
By: Four Corners Capital Management LLC,
as Collateral Manager
By:______________________________
Name:
Title:
FRANKLIN FLOATING RATE TRUST
By:______________________________
Name:
Title:
FRANKLIN FLOATING RATE MASTER SERIES
By:______________________________
Name:
Title:
FRANKLIN FLOATING RATE DAILY ACCESS
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
FRANKLIN CLO I, LIMITED
By:______________________________
Name:
Title:
FRANKLIN CLO II, LIMITED
By:______________________________
Name:
Title:
FRANKLIN CLO III, LIMITED
By:______________________________
Name:
Title:
HAMILTON FLOATING RATE FUND, LLC
By:______________________________
Name:
Title:
HARBOURVIEW CLO IV, LTD.
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
IDS LIFE INSURANCE COMPANY
By: American Express Asset Management
Group, Inc., as Collateral Manager
By:______________________________
Name:
Title:
IKB CAPITAL CORPORATION
By:______________________________
Name:
Title:
JUPITER FUNDING TRUST
By:______________________________
Name:
Title:
KZH CYPRESSTREE-1 LLC
By:______________________________
Name:
Title:
KZH ING-2 LLC
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
KZH RIVERSIDE LLC
By:______________________________
Name:
Title:
KZH STERLING LLC
By:______________________________
Name:
Title:
KATONAH I, LTD.
By:______________________________
Name:
Title:
KATONAH II, LTD.
By:______________________________
Name:
Title:
KATONAH III, LTD.
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
LCM I LIMITED PARTNERSHIP
By: Lyon Capital Management, LLC,
as Attorney in Fact
By:______________________________
Name:
Title:
MORGAN STANLEY PRIME INCOME TRUST
By:______________________________
Name:
Title:
MUIRFIELD TRADING LLC
By:______________________________
Name:
Title:
NOMURA BOND & LOAN FUND
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
OAK HILL CREDIT PARTNERS I, LIMITED
By: Oak Hill CLO Management I, LLC
As Investment Manager
By:______________________________
Name:
Title:
OAK HILL CREDIT PARTNERS II, LIMITED
By: Oak Hill CLO Management II, LLC
As Investment Manager
By:______________________________
Name:
Title:
OAK HILL SECURITIES FUND, L.P.
By: Oak Hill Securities GenPar, L.P.
its General Partner
By: Oak Hill Securities MGP, Inc.,
its General Partner
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
OAK HILL SECURITIES FUND II, L.P.
By: Oak Hill Securities GenPar II, L.P.
its General Partner
By: Oak Hill Securities MGP II, Inc.,
its General Partner
By:______________________________
Name:
Title:
OLYMPIC FUNDING TRUST, SERIES 1999-1
By:______________________________
Name:
Title:
OPPENHEIMER SENIOR FLOATING RATE FUND
By:______________________________
Name:
Title:
SEQUILS-CENTURION V, LTD.
By: American Express Asset Management
Group, Inc., as Collateral Manager
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
PPM SHADOW CREEK FUNDING LLC
By:______________________________
Name:
Title:
PPM SPYGLASS FUNDING TRUST
By:______________________________
Name:
Title:
PACIFICA PARTNERS I, L.P.
By: Imperial Credit Asset Management
as Investment Manager
By:______________________________
Name:
Title:
PROMETHEUS INVESTMENT FUNDING
NO. 1 LTD.
By: CPF Asset Advisors LLC, as Investment Manager
By:______________________________
Name:
Title:
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
PUTNAM DIVERSIFIED INCOME TRUST
By:______________________________
Name:
Title:
PUTNAM MASTER INCOME TRUST
By:______________________________
Name:
Title:
PUTNAM MASTER INTERMEDIATE
INCOME TRUST
By:______________________________
Name:
Title:
PUTNAM PREMIER INCOME TRUST
By:______________________________
Name:
Title:
PUTNAM VARIABLE TRUST -
PVT DIVERSIFIED INCOME FUND
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
ROSEMONT CLO, LTD.
By: Deerfield Capital Management LLC,
as Collateral Manager
By:______________________________
Name:
Title:
SKM-LIBERTY VIEW CBO I LIMITED
By:______________________________
Name:
Title:
THE BANK OF NOVA SCOTIA
By:______________________________
Name:
Title:
SCUDDER FLOATING RATE FUND
By:______________________________
Name:
Title:
SEABOARD CLO 2000 LTD.
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
SEQUILS-CENTURION V, LTD.
By: American Express Asset Management
Group, Inc., as Collateral Manager
By:______________________________
Name:
Title:
SEQUILS-CUMBERLAND I, LTD.
By: Deerfield Capital Management, L.L.C.,
as Collateral Manager
By:______________________________
Name:
Title:
SIERRA CLO I, LTD.
By:______________________________
Name:
Title:
STANWICH LOAN FUNDING LLC
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
THE SUMITOMO TRUST AND BANKING CO., LTD.,
NEW YORK BRANCH
By:______________________________
Name:
Title:
THERMOPYLAE FUNDING corp.
By:______________________________
Name:
Title:
TORONTO DOMINION (NEW YORK), INC.
By:______________________________
Name:
Title:
VAN KAMPEN PRIME RATE INCOME TRUST
By:______________________________
Name:
Title:
VAN KAMPEN SENIOR INCOME TRUST
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
VENTURE CDO 2002, LIMITED
By:______________________________
Name:
Title:
WINGED FOOT FUNDING TRUST
By:______________________________
Name:
Title:
ATHENA CDO, LIMITED
By: Pacific Investment Management Company LLC,
as its Investment Advisor
By:______________________________
Name:
Title:
BEDFORD CDO, LIMITED
By: Pacific Investment Management Company LLC,
as its Investment Advisor
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
THE BANK OF NEW YORK
By: BNY Capital Markets, Inc., as Agent
By:______________________________
Name:
Title:
BRANT POINT II CBO 2000-1 LTD.
By:______________________________
Name:
Title:
BRYN MAWR CLO, LTD.
By:______________________________
Name:
Title:
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
By: Pacific Investment Management Company LLC,
as its Investment Advisor, acting through
Investors Fiduciary Trust Company
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
CAPTIVA III FINANCE LTD.
As advised by Pacific Investment Management
Company LLC
By:______________________________
Name:
Title:
CAPTIVA IV FINANCE LTD.
As advised by Pacific Investment Management
Company LLC
By:______________________________
Name:
Title:
STANDARD BANK LONDON LIMITED
By:______________________________
Name:
Title:
DELANO COMPANY
By: Pacific Investment Management Company LLC,
as its Investment Advisor
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
GALAXY CLO 1999 - I, LTD.
By: SAI Investment Adviser Inc.
its Collateral Manager
By:______________________________
Name:
Title:
GENERAL ELECTRIC CAPITAL CORPORATION
By:______________________________
Name:
Title:
HAMILTON CDO, LTD.
By:______________________________
Name:
Title:
HARBOUR TOWN FUNDING LLC
By:______________________________
Name:
Title:
HARBOURVIEW CLO IV, LTD.
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
INTERCONTINENTAL CDO S.A.
By: Pacific Investment Management Company LLC,
as its Investment Advisor
By:______________________________
Name:
Title:
JISSEKIKUN FUNDING, LTD.
By: Pacific Investment Management Company LLC, as
its Investment Advisor
By:______________________________
Name:
Title:
JUPITER FUNDING TRUST
By:______________________________
Name:
Title:
KZH CNC LLC
By:______________________________
Name:
Title:
KZH CRESCENT LLC
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
KZH CRESCENT-2 LLC
By:______________________________
Name:
Title:
KZH CRESCENT-3 LLC
By:______________________________
Name:
Title:
KZH CYPRESSTREE-1 LLC
By:______________________________
Name:
Title:
KZH ING-2 LLC
By:______________________________
Name:
Title:
KZH STERLING LLC
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
KZH RIVERSIDE LLC
By:______________________________
Name:
Title:
KZH PONDVIEW LLC
By:______________________________
Name:
Title:
KZH WATERSIDE LLC
By:______________________________
Name:
Title:
KZH SOLEIL LLC
By:______________________________
Name:
Title:
KZH SOLEIL-2 LLC
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
KZH CYPRESSTREE-1 LLC
By:______________________________
Name:
Title:
KZH ING-2 LLC
By:______________________________
Name:
Title:
KZH RIVERSIDE LLC
By:______________________________
Name:
Title:
PIMCO HIGH YIELD FUND
By: Pacific Investment Management Company LLC, As
its Investment Advisor, acting through Investors
Fiduciary Trust Company in the Nominee Name of
IFTCO.
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
RACE POINT CLO
By:______________________________
Name:
Title:
ROYALTON COMPANY
By: Pacific Investment Management Company LLC,
as its Investment Advisor
By:______________________________
Name:
Title:
SANKATY HIGH YIELD ASSET PARTNERS, L.P.
By:______________________________
Name:
Title:
SANKATY HIGH YIELD PARTNERS II, L.P.
By:______________________________
Name:
Title:
SANKATY HIGH YIELD PARTNERS III, L.P.
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
SAWGRASS TRADING LLC
By:______________________________
Name:
Title:
SEQUILS-MAGNUM, LTD.
By: Pacific Investment Management Company LLC,
as its Investment Advisor
By:______________________________
Name:
Title:
STANDARD BANK LONDON LIMITED
By:______________________________
Name:
Title:
STANFIELD ARBITRAGE CDO, LTD.
By: Stanfield Capital Partners LLC
as its Collateral Manager
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
STANFIELD CLO, LTD.
By: Stanfield Capital Partners LLC
as its Collateral Manager
By:______________________________
Name:
Title:
STANFIELD QUATTRO CLO, LTD.
By: Stanfield Capital Partners LLC
as its Collateral Manager
By:______________________________
Name:
Title:
STANFIELD/RMF TRANSATLANTIC CDO, LTD.
By: Stanfield Capital Partners LLC
as its Collateral Manager
By:______________________________
Name:
Title:
SUNAMERICA LIFE INSURANCE COMPANY
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
SUNAMERICA SENIOR FLOATING RATE FUND INC.
By: Stanfield Capital Partners LLC
as its subadvisor
By:______________________________
Name:
Title:
SUNAMERICA SENIOR FLOATING RATE FUND INC.
By: Stanfield Capital Partners LLC
as its subadvisor
By:______________________________
Name:
Title:
TORONTO DOMINION (NEW YORK), INC.
By:______________________________
Name:
Title:
WACHOVIA BANK, NATIONAL ASSOCIATION
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
WINDSOR LOAN FUNDING, LIMITED
By: Stanfield Capital Partners LLC
as its Investment Manager
By:______________________________
Name:
Title:
ARES LEVERAGED INVESTMENT FUND II, L.P.
By: ARES Management II, L.P. its General Partner
By:______________________________
Name:
Title:
NEW ALLIANCE GLOBAL CDO, LIMITED
By: Alliance Capital Management, L.P.,
as Sub-advisor
By: Alliance Capital Management Corporation,
as General Partner
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
MONUMENT CAPITAL LIMITED
By: Alliance Capital Management, L.P.,
as Investment Manager
By: Alliance Capital Management Corporation,
as General Partner
By:______________________________
Name:
Title:
AMARA 2 FINANCE, LTD.
By: INVESCO Senior Secured Management, Inc.
as Subadviser
By:______________________________
Name:
Title:
AMARA-I FINANCE, LTD.
By: INVESCO Senior Secured Management, Inc.
as Subadviser
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
CSAM FUNDING II
By:______________________________
Name:
Title:
NUVEEN SENIOR INCOME FUND
By: Nuveen Senior Loan Asset Management, Inc.
By:______________________________
Name:
Title:
ARES VI CLO LTD.
By: ARES CLO Management VI, L.P., Investment Manager
By: ARES CLO GP VI, LLC, its Managing Member
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
ARES V CLO LTD.
By: ARES CLO Management V, L.P., Investment Manager
By: ARES CLO GP V, LLC, its Managing Member
By:______________________________
Name:
Title:
ARES IV CLO LTD.
By: ARES CLO Management IV, L.P., Investment Manager
By: ARES CLO GP IV, LLC, its Managing Member
By:______________________________
Name:
Title:
ARES III CLO LTD.
By: ARES CLO Management LLC, Investment Manager
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
INVESCO CBO 2000-1 LTD.
By: INVESCO Senior Secured Management, Inc.
as Portfolio Advisor
By:______________________________
Name:
Title:
CERES II FINANCE, LTD.
By: INVESCO Senior Secured Management, Inc.
as Sub-Managing Agent (Financial)
By:______________________________
Name:
Title:
SEQUILS-LIBERTY, LTD.
By: INVESCO Senior Secured Management, Inc.
as Collateral Manager
By:______________________________
Name:
Title:
INVESCO EUROPEAN CDO I S.A.
By: INVESCO Senior Secured Management, Inc.
as Collateral Manager
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
DIVERSIFIED CREDIT PORTFOLIO LTD.
By: INVESCO Senior Secured Management, Inc.
as Investment Advisor
By:______________________________
Name:
Title:
AIM FLOATING RATE FUND
By: INVESCO Senior Secured Management, Inc.
as attorney in fact
By:______________________________
Name:
Title:
OASIS COLLATERALIZED HIGH INCOME PORTFOLIO-1, LTD.
By: INVESCO Senior Secured Management, Inc.
as Subadviser
By:______________________________
Name:
Title:
CHARTER VIEW PORTFOLIO
By: INVESCO Senior Secured Management, Inc.
as Investment Advisor
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
AVALON CAPITAL LTD. 2
By: INVESCO Senior Secured Management, Inc.
as Portfolio Advisor
By:______________________________
Name:
Title:
AVALON CAPITAL LTD.
By: INVESCO Senior Secured Management, Inc.
as Portfolio Advisor
By:______________________________
Name:
Title:
AERIES FINANCE-II LTD.
By: INVESCO Senior Secured Management, Inc.
as Sub-Managing Agent
By:______________________________
Name:
Title:
FIRST DOMINION FUNDING III
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
FIRST DOMINION FUNDING II
By:______________________________
Name:
Title:
FIRST DOMINION FUNDING I
By:______________________________
Name:
Title:
ATRIUM CDO
By:______________________________
Name:
Title:
SALOMON BROTHERS HOLDING COMPANY, INC.
By:______________________________
Name:
Title:
BANK OF MONTREAL
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
NATIONWIDE LIFE INSURANCE COMPANY
By:______________________________
Name:
Title:
NATIONWIDE MUTUAL INSURANCE COMPANY
By:______________________________
Name:
Title:
ARCHIMEDES FUNDING III, LTD.
By: ING Capital Advisors, LLC, as Collateral Manager
By:______________________________
Name:
Title:
ARCHIMEDES FUNDING IV (CAYMAN), LTD.
By: ING Capital Advisors, LLC, as Collateral Manager
By:______________________________
Name:
Title:
GOLDENTREE HIGH YIELD OPPORTUNITIES
I, L.P.
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
GOLDENTREE HIGH YIELD OPPORTUNITIES
II, L.P.
By:______________________________
Name:
Title:
KZH ING-3 LLC
By:______________________________
Name:
Title:
SEQUILS-ING I (HBDGM), LTD.
By: ING Capital Advisors LLC, as Collateral Manager
By:______________________________
Name:
Title:
ING-ORYX CLO, LTD.
By: ING Capital Advisors LLC, as Collateral Manager
By:______________________________
Name:
Title:
NORTHWOODS CAPITAL, LIMITED
By: Angelo, Gordon & Co., L.P., as Collateral Manager
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
NORTHWOODS CAPITAL II, LIMITED
By:______________________________
Name:
Title:
NORTHWOODS CAPITAL II, LIMITED
By: Angelo, Gordon & Co., L.P., as Collateral Manager
By:______________________________
Name:
Title:
NORTHWOODS CAPITAL III, LIMITED
By:______________________________
Name:
Title:
NORTHWOODS CAPITAL III, LIMITED
By: Angelo, Gordon & Co., L.P., as Collateral Manager
By:______________________________
Name:
Title:
UNION BANK OF CALIFORNIA, N.A.
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
SRF 2000 LLC
By:______________________________
Name:
Title:
SRF TRADING, INC.
By:______________________________
Name:
Title:
STEIN ROE FLOATING RATE LIMITED
LIABILITY COMPANY
By:______________________________
Name:
Title:
BINGHAM CDO L.P.
By:______________________________
Name:
Title:
MAGMA CDO LTD.
By:______________________________
Name:
Title:
This Amendment No. 1 is agreed to as of the date first above written:
NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE
By:______________________________
Name:
Title:
BALLYROCK CDO I LIMITED
By: BALLYROCK Investment Advisors LLC, as
Collateral Manager
By:______________________________
Name:
Title:
161 FIDELITY ADVISOR SERIES II: FIDELITY
ADVISOR FLOATING RATE HIGH INCOME FUND
By:______________________________
Name:
Title: