AMENDMENT NO. 1 TO SENIOR SECURED TERM LOAN AGREEMENT
Exhibit 10.1
EXECUTION VERSION
AMENDMENT NO. 1 TO SENIOR SECURED TERM LOAN AGREEMENT
THIS AMENDMENT NO. 1 TO SENIOR SECURED TERM LOAN AGREEMENT (this “Amendment”) dated as of August 2, 2012 is among Energy Transfer Equity, L.P., a Delaware limited partnership (the “Borrower”), the Restricted Persons party hereto, the several banks and other financial institutions signatories hereto (the “Lenders”), and Credit Suisse AG, as Administrative Agent for the Lenders (the “Administrative Agent”).
RECITALS
A. The Borrower, the Lenders and the Administrative Agent are parties to a Senior Secured Term Loan Agreement dated as of March 23, 2012 (the “Existing Term Loan Agreement”).
B. The Borrower has requested that the Existing Term Loan Agreement be amended in the manner set forth herein (the Existing Term Loan Agreement, as amended by this Amendment, the “Term Loan Agreement”), subject to the satisfaction of the conditions precedent to effectiveness referred to in Section 3 hereof.
C. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth in this Amendment, the Borrower, the Administrative Agent and the Majority Lenders agree as follows:
1. Amendments to Existing Term Loan Agreement as of the Amendment Effective Date. The Existing Term Loan Agreement is amended, as of the Amendment Effective Date (as defined below), as follows:
1.1 Amendments to Section 1.01 (Defined Terms).
(a) The following definition is added in the appropriate alphabetical order:
“Sunoco Transaction” means the transactions contemplated by (a) that certain Agreement and Plan of Merger dated as of April 29, 2012 and amended by Amendment No. 1 thereto dated as of June 15, 2012, and as further amended, restated, supplemented or otherwise modified from time to time, by and among Sunoco, Inc., ETP, ETP GP, Sam Acquisition Corporation, and, for certain limited purposes set forth therein, the Borrower, and (b) all other agreements entered into in connection with the foregoing.
(b) The definition of “SUG Holdco” is hereby amended and restated as follows:
“SUG Holdco” means ETE Sigma Holdco, LLC, a Delaware limited liability company.
(c) The definition of “Unrestricted Persons” is hereby amended to include, as Unrestricted Persons, ETP Holdco Corporation, a Delaware corporation, ETE Holdco Corporation, a Delaware corporation, and each of their respective subsidiaries.
1.2 Amendment to Section 7.04(d). Section 7.04(d) of the Existing Term Loan Agreement is hereby amended by adding “(i)” to the beginning of such clause (d), deleting the semicolon at the end of such clause, and adding the following language to the end of such clause:
, (ii) ETP GP may relinquish incentive distribution rights in connection with the Sunoco Transaction, in the amounts contemplated by the Sunoco Transaction as of the Amendment Effective Date and (iii) the Borrower or any Restricted Subsidiary may relinquish incentive distribution rights in connection with any other transaction so long as the Borrower has delivered a certificate of its Chief Financial Officer certifying that, for all Applicable Test Periods, Pro Forma Consolidated EBITDA of the Borrower (as defined below) would not be (or is not expected to be) less than Consolidated EBITDA of the Borrower without giving effect to such transaction and relinquishment. For purposes of the test in clause (iii), (w) “Pro Forma Consolidated EBITDA of the Borrower” shall mean Consolidated EBITDA of the Borrower, calculated giving pro forma effect to such transaction and the associated relinquishment as contemplated by the definition of Consolidated EBITDA of the Borrower as reasonably determined by the Borrower; (x) “Applicable Test Period” shall mean the four Fiscal Quarter period most recently ending prior to such transaction for which financial statements contemplated by Section 6.02(b) are available to the Borrower, and each succeeding non-overlapping four Fiscal Quarter period during which an amount is being relinquished pursuant to such relinquishment; (y) calculations made with respect to such succeeding periods may be based on projected Pro Forma Consolidated EBITDA of the Borrower and projected Consolidated EBITDA of the Borrower, as reasonably determined by the Borrower acting in good faith and (z) the Borrower may deliver one or more additional such certificates for a given transaction at any time if a given relinquishment is subsequently increased, extended or otherwise modified.
2. Additional Amendments to Existing Term Loan Agreement after the Amendment Effective Date. The Existing Term Loan Agreement shall be amended, effective as of the last day of the first full Fiscal Quarter occurring after the consummation of the Sunoco Transaction, as follows:
2.1 Amendments to Section 1.01 (Defined Terms).
(a) The definition of “Consolidated EBITDA of the Borrower” shall be amended and restated as follows:
“Consolidated EBITDA of the Borrower” means, for any period of four Fiscal Quarters, the sum of (without duplication):
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(a) four times the amount of cash distributions payable with respect to the last Fiscal Quarter in such period by an MLP or any other Person (unless either (i) such Person is a Restricted Subsidiary or (ii) such Person is a Wholly Owned Subsidiary of the Borrower that is an Unrestricted Person and such distributions are funded, directly or indirectly, with substantially contemporaneous Investments by the Borrower or a Restricted Person) to the Borrower or its Restricted Subsidiaries in respect of limited partnership units in such MLP or Equity Interests in such a Person, to the extent actually received on or prior to the date the financial statements with respect to such Fiscal Quarter referred to in Section 6.02 are required to be delivered by the Borrower; provided that if the Borrower has acquired or disposed of any limited partnership units in such MLP or the Borrower or any of its subsidiaries has made a Specified Acquisition or Specified Disposition at any time after the first day of such Fiscal Quarter, the determinations in this clause (a) shall be made giving pro forma effect to such acquisition or disposition as if such acquisition or disposition had occurred on the first day of the Fiscal Quarter; plus
(b) four times the amount of cash distributions payable with respect to the last Fiscal Quarter in such period by an MLP to the Borrower or its Restricted Subsidiaries in respect of the general partnership interests or incentive distribution rights to the extent actually received on or prior to the date the financial statements with respect to such Fiscal Quarter referred to in Section 6.02 are required to be delivered by the Borrower; provided that if the Borrower has acquired or disposed of any general partnership interests or incentive distribution rights in an MLP at any time after the first day of such Fiscal Quarter, the determinations in this clause (b) shall be made giving pro forma effect to such acquisition or disposition as if such acquisition or disposition had occurred on the first day of the Fiscal Quarter; plus
(c) Consolidated Net Income of the Borrower and its Restricted Subsidiaries for such four Fiscal Quarter period, plus, but without duplication, (i) each of the following to the extent deducted in determining such Consolidated Net Income (A) all Consolidated Interest Expense, (B) all income taxes (including any franchise taxes to the extent based upon net income), (C) all depreciation and amortization (including amortization of intangible assets), (D) Prepayment Hedge Termination Expenses to the extent not included in Consolidated Interest Expense, (E) any other non-cash charges or losses (including any non-cash losses resulting from the impairment of long-lived assets, goodwill or intangible assets), and (F) any fees, expenses or charges relating to any offering of Equity Interests, any Investment, acquisition or Indebtedness permitted to be incurred hereunder (in each case whether or not successful) minus (ii) each of the following (A) all non-cash items of income or gain which were included in determining such Consolidated Net Income, and (B) any cash payments made during such period in respect of items described in clause (i)(E) of this clause (d) subsequent to the Fiscal Quarter in which the relevant non-cash charges or losses were reflected as a charge in the statement of Consolidated Net Income; provided that if the Borrower or its Restricted Subsidiaries has made a Specified Acquisition or Specified Disposition at any time after the first day of such four Fiscal Quarter period, the determinations in this clause (c) shall be made giving pro forma effect
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to such acquisition or disposition as if such acquisition or disposition had occurred on the first day of such four Fiscal Quarter period. For the avoidance of doubt, the determinations in this clause (c) shall not include Consolidated Net Income attributable to distributions that are otherwise part of the calculation of Consolidated EBITDA of the Borrower pursuant to clause (a) or (b) above.
(b) The defined term “Consolidated EBITDA of SUG” shall be deleted in its entirety.
(c) The defined term “SUG Pro Forma Cash Distributions” shall be deleted in its entirety.
(d) The definition of “Value” shall be amended and restated as follows:
“Value” means as of any date of determination (i) the combined market value of limited partnership units of each MLP held by the Borrower as determined by reference to the price of the common units of such MLP as quoted on the New York Stock Exchange at the close of business on the date of determination plus (ii) 20 times Consolidated EBITDA of the Borrower derived from the general partnership interests and incentive distribution rights under the Agreement of Limited Partnership of such MLP as in effect from time to time (other than expenses relating to the Borrower) for the four Fiscal Quarter period most recently ended prior to the date of determination as set forth in clause (b) of the definition of “Consolidated EBITDA of the Borrower” plus (iii) 12.5 times Consolidated EBITDA of the Borrower derived from any Person other than an MLP for the four Fiscal Quarter period most recently ended prior to the date of determination as set forth in clause (a) of the definition of “Consolidated EBITDA of the Borrower.”
3. Amendment Effectiveness. The effectiveness of this Amendment is subject to the satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received:
(i) an original counterpart of this Amendment, duly executed by the Borrower, the Administrative Agent, and the Majority Lenders;
(ii) a certificate signed by a Responsible Officer of the Borrower certifying that the representations and warranties of the Borrower set forth in Section 5 of this Amendment shall be true and correct; and
(iii) payment by the Borrower, for the account of each Lender that has returned an executed signature page to this Amendment to the Administrative Agent at or prior to 5:00 p.m., New York time on August 1, 2012, of an amendment fee in an amount equal to 0.15% of the principal amount of the Loans of such Lender then outstanding; and
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(b) the Borrower shall have paid all fees, charges and disbursements of counsel to the Administrative Agent to the extent invoiced at least one (1) day prior to the Amendment Effective Date, plus such additional amounts of such fees, charges and disbursements as shall constitute its reasonable estimate of such fees, charges and disbursements incurred or to be incurred by it through the Amendment Effective Date (provided that such estimate shall not thereafter preclude a final settling of accounts between the Borrower and the Administrative Agent).
The date on which such conditions have been satisfied (or waived) is referred to herein as the “Amendment Effective Date”.
4. Defined Terms. Each capitalized term not defined in this Amendment shall have the definition ascribed such term in the Existing Term Loan Agreement.
5. Representations and Warranties. The Borrower hereby represents and warrants to the Administrative Agent and each of the Lenders as follows:
(a) This Amendment has been duly authorized by all necessary limited partnership action and constitutes the binding obligation of the Borrower.
(b) Each Restricted Person has duly taken all action necessary to authorize the execution and delivery by it of this Amendment and to authorize the consummation of the transactions contemplated hereby and the performance of its obligations hereunder.
(c) The execution and delivery by the various Restricted Persons of this Amendment, the performance by each of its obligations hereunder, and the consummation of the transactions contemplated hereby, do not and will not (i) conflict with any provision of (A) any Law, (B) the organizational documents of the Borrower, any of its Subsidiaries or the General Partner, (C) any agreement governing material Indebtedness for borrowed money of the Restricted Persons or (D) any other material agreement, judgment, license, order or permit applicable to or binding upon the Borrower, any of its Restricted Subsidiaries or the General Partner, (ii) result in the acceleration of any material Indebtedness owed by the Borrower, any of its Restricted Subsidiaries or the General Partner, or (iii) result in or require the creation of any Lien upon any assets or properties of the Borrower, any of its Restricted Subsidiaries or the General Partner. No permit, consent, approval, authorization or order of, and no notice to or filing, registration or qualification with, any Tribunal or third party is required in connection with the execution, delivery or performance by any Restricted Person of this Amendment or to consummate any transactions contemplated hereby.
(d) After giving effect to this Amendment, no Default or Event of Default has occurred and is continuing.
(e) Since December 31, 2011, no event or circumstance has occurred that has had, or could reasonably be expected to have, a Material Adverse Effect.
6. Confirmation of Loan Documents. By its execution on the respective signature lines provided below, as of the Amendment Effective Date, each of the Restricted Persons hereby confirms and ratifies all of its obligations and the Liens granted by it under the Loan Documents (in each case, as amended hereby as of such date) to which it is a party, represents and warrants that the representations and warranties set forth in such Loan Documents are
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complete and correct in all material respects on the date hereof as if made on and as of such date, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be complete and correct in all material respects as of such specified earlier date and confirms that all references in such Loan Documents to the “Credit Agreement” (or words of similar import) refer to the Credit Agreement as amended hereby as of such date without impairing any such obligations or Liens in any respect.
7. Effect of Amendment. On and after the Amendment Effective Date, each reference to the Existing Term Loan Agreement in any Loan Document shall be deemed to be a reference to the Existing Term Loan Agreement, as amended by this Amendment. On and after the Amendment Effective Date, this Amendment shall constitute a “Loan Document” for all purposes of the Term Loan Agreement and the other Loan Documents. On and after the Amendment Effective Date, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Term Loan Agreement, shall, unless the context otherwise requires, mean the Term Loan Agreement.
8. Confidentiality. The parties hereto agree that all information received from the Borrower or any Subsidiary in connection with this Amendment shall be deemed to constitute Information, for purposes of Section 10.07 of the Credit Agreement, regardless of whether such information was clearly identified at the time of delivery as confidential.
9. Counterparts. This Amendment may be executed by all parties hereto in any number of separate counterparts each of which may be delivered in original, facsimile or other electronic (e.g., “.pdf”) form and all of such counterparts taken together constitute one instrument.
10. References. The words “hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbelow,” “hereof,” “hereunder” and words of similar import when used in this Amendment refer to this Amendment as a whole and not to any particular article, section or provision of this Amendment.
11. Headings Descriptive. The headings of the several sections of this Amendment are inserted for convenience only and do not in any way affect the meaning or construction of any provision of this Amendment.
12. Governing Law. This Amendment is governed by and will be construed in accordance with the law of the State of New York.
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13. Final Agreement of the Parties. THIS AMENDMENT, THE TERM LOAN AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.
[Signatures on following pages.]
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be made, executed and delivered by their duly authorized officers as of the day and year first above written.
ENERGY TRANSFER EQUITY, L.P., on behalf of itself and as
the sole member of ETE GP ACQUIRER LLC,
the sole member of ETE SERVICES COMPANY, LLC,
the sole member of ETE NEWCO 1 LLC, on behalf of itself and as
the sole member of ETE NEWCO 2 LLC, on behalf of itself and as
the sole member of ETE NEWCO 3 LLC, on behalf of itself and as
the sole member of ETE NEWCO 4 LLC, on behalf of itself and as
the sole member of ETE NEWCO 5 LLC, on behalf of itself and as
the sole member of ETE NEWCO 6 LLC, on behalf of itself and as
the sole member of ETE NEWCO 7 LLC, on behalf of itself and as
the sole member of ETE NEWCO 8 LLC, on behalf of itself and as
the sole member of ETE NEWCO 9 LLC, on behalf of itself and as
the sole member of ETE NEWCO 10 LLC
| By: | LE GP, LLC, its general partner | |
| By: | /s/ John W. McReynolds | |
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| John W. McReynolds | ||
| President and Chief Financial Officer | ||
| ENERGY TRANSFER PARTNERS, L.L.C. | ||
| By: | /s/ Martin Salinas Jr. | |
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| Martin Salinas Jr. | ||
| Chief Financial Officer | ||
| REGENCY GP LLC, on behalf of itself and as |
| a member of REGENCY EMPLOYEES MANAGEMENT LLC, the general partner of REGENCY GP LP, as the sole member of REGENCY EMPLOYEES MANAGEMENT HOLDINGS LLC, on behalf of itself and as a member of REGENCY EMPLOYEES MANAGEMENT LLC |
| By: | /s/ Michael J. Bradley | |
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| Michael J. Bradley | ||
| President and Chief Executive Officer | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent | ||
| By: | /s/ Doreen Barr | |
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| Name: Doreen Barr | ||
| Title: Director | ||
| By: | /s/ Michael Spaight | |
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| Name: Michael Spaight | ||
| Title: Associate | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| Unity National Bank, as a Lender | ||
| By: | /s/ Robert Lancaster | |
| Name: Robert Lancaster | ||
| Title: Executive Vice President | ||
| Cedar Funding Ltd., as a Lender By: AEGON USA Investment Management, LLC | ||
| By: | /s/ Maria Giannavola | |
| Name: Maria Giannavola | ||
| Title: Associate Director | ||
| Malibu CBNA Loan Funding LLC, as a Lender | ||
| By: | /s/ Adam Kaiser | |
| Name: Adam Kaiser | ||
| Title: Attorney-In-Fact | ||
| Galaxy VIII CLO, LTD, as a Lender By: PineBridge Investments LLC Its Collateral Manager | ||
| By: | /s/ Thomas Brandt | |
| Name: Thomas Brandt | ||
| Title: Managing Director | ||
| Galaxy X CLO, LTD, as a Lender | ||
| By: PineBridge Investments LLC Its Collateral Manager | ||
| By: | /s/ Thomas Brandt | |
| Name: Thomas Brandt | ||
| Title: Managing Director | ||
| VALIDUS REINSURANCE LTD, as a Lender | ||
| By: PineBridge Investments LLC Its Investment Manager | ||
| By: | /s/ Thomas Brandt | |
| Name: Thomas Brandt | ||
| Title: Managing Director | ||
| ACAS CLO 2007-1, Ltd., by AMERICAN CAPITAL ASSET MANAGEMENT LLC, as a Lender | ||
| By: | /s/ Dana Dratch | |
| Name: Dana Dratch | ||
| Title: Authorized Signatory | ||
| AMMC CLO IV, LIMITED, as a Lender | ||
| By: American Money Management Corp., as Collateral Manager | ||
| By: | /s/ Chester M. Eng | |
| Name: Chester M. Eng | ||
| Title: Senior Vice President | ||
| AMMC CLO X, LIMITED, as a Lender | ||
| By: American Money Management Corp., as Collateral Manager | ||
| By: | /s/ Chester M. Eng | |
| Name: Chester M. Eng | ||
| Title: Senior Vice President | ||
| Apollo Credit Senior Loan Fund, LP, as a Lender | ||
| By: Apollo Credit Advisors II, LLC, its general partner | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Vice President | ||
| DOUBLE HAUL TRADING, LLC, as a Lender | ||
| By: Suntrust Bank, its Manager | ||
| By: | /s/ Douglas Weltz | |
| Name: Douglas Weltz | ||
| Title: Director | ||
| Falcon Senior Loan Fund Ltd., as a Lender | ||
| By: Stone Tower Fund Management LLC As Its Investment Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Authorized Signatory | ||
| Gulf Stream – Compass CLO 2005-I, Ltd., as a Lender | ||
| By: Gulf Stream Asset Management LLC As Collateral Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Vice President | ||
| Gulf Stream – Compass CLO 2007, Ltd., as a Lender | ||
| By: Gulf Stream Asset Management LLC As Collateral Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Vice President | ||
| Gulf Stream – Sextant CLO 2007-1, Ltd., as a Lender | ||
| By: Gulf Stream Asset Management LLC As Collateral Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Vice President | ||
| Gulf Stream – Sextant CLO 2006-1, Ltd., as a Lender | ||
| By: Gulf Stream Asset Management LLC As Collateral Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Vice President | ||
| Gulf Stream – Rashinban CLO 2006-I, Ltd., as a Lender | ||
| By: Gulf Stream Asset Management LLC As Collateral Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Vice President | ||
| LeverageSource V | ||
| S.A.R.L., as a Lender | ||
| By: | /s/ Laurent Ricci | |
| Name: Laurent Ricci | ||
| Title: Class B Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Class A Manager |
| LSR Loan Funding LLC, as a Lender | ||
| By: Citibank N.A. | ||
| By: | /s/ Maria Giannavola | |
| Name: Maria Giannavola | ||
| Title: Associate Director | ||
| Neptune Finance CCS, Ltd., as a Lender | ||
| By: Gulf Stream Asset Management LLC As Collateral Manager | ||
| By: | /s/ Joe Moroney | |
| Name: Joe Moroney | ||
| Title: Vice President | ||
| 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/ John Leupp | |
| Name: John Leupp | ||
| Title: Authorized Signatory | ||
| ARES VIR CLO Ltd. | ||
| By: | Ares CLO Management VIR, L.P., its Investment Manager | |
| By: | Ares CLO GP VIR, LLC, its General Partner | |
| By: | /s/ Americo Cascella | |
| Name: Americo Cascella | ||
| 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 | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| 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 | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| 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 | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan 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 | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| 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 | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| 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 | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| ARES XXIII CLO LTD. | ||
| By: | Ares CLO Management XXIII, L.P., its Asset Manager | |
| By: | Ares CLO GP XXIII, LLC, its General Partner | |
| By: | /s/ Americo Cascella | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| 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 | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| ARES STRATEGIC INVESTMENT PARTNERS LTD. | ||
| By: | Ares Strategic Investment Management LLC, as Investment Manager | |
| By: | /s/ Americo Cascella | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| FUTURE FUND BOARD OF GUARDIANS | ||
| By: | Ares Enhanced Loan Investment Strategy Advisor IV, L.P., its Investment Manager (on behalf of The ASIP II Sub-Account) | |
| By: | Ares Enhanced Loan Investment Strategy Advisor IV GP, LLC, its General Partner | |
| By: | /s/ Americo Cascella | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| ARES STRATEGIC INVESTMENT PARTNERS III, L.P. | ||
| By: | Ares Strategic Investment GP III, LLC, as General Partner | |
| By: | /s/ Americo Cascella | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| ARES ENHANCED CREDIT OPPORTUNITIES FUND LTD. | ||
| By: | Ares Enhanced Credit Opportunities Fund Management, L.P., its Manager | |
| By: | Ares Enhanced Credit Opportunities Fund Management GP, LLC, as General Partner | |
| By: | /s/ Americo Cascella | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| ARES ENHANCED CREDIT OPPORTUNITIES FUND II, LTD. | ||
| By: | Ares Enhanced Credit Opportunities Investment Management II, LLC, its Manager | |
| By: | /s/ Americo Cascella | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| ARES ENHANCED LOAN INVESTMENT STRATEGY IR LTD. | ||
| By: | Ares Enhanced Loan Management IR, L.P. as Portfolio Manager | |
| By: | Ares Enhanced Loan IR GP, LLC, its General Partner | |
| By: | /s/ Americo Cascella | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| 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 | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| ARES ENHANCED LOAN MANAGEMENT III, L.P., its Portfolio Manager | ||
| By: | Ares Enhanced Loan III GP, LLC, its General Partner | |
| By: | /s/ Americo Cascella | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| WELLPOINT, INC. | ||
| By: | Ares WLP Management, L.P., its Investment Manager | |
| By: | Ares WLP Management GP, LLC, its General Partner | |
| By: | /s/ Americo Cascella | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| FUTURE FUND BOARD OF GUARDIANS | ||
| By: | Ares Enhanced Loan Investment Strategy Advisor IV, L.P., its Investment Manager (on behalf of The Elis IV Sub Account) | |
| By: | Ares Enhanced Loan Investment Strategy Advisor IV GP, LLC, its General Partner | |
| By: | /s/ Americo Cascella | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| COMMUNITY INSURANCE COMPANY | ||
| By: | Ares WLP Management, L.P., its Investment Manager | |
| By: | Ares WLP Management GP, LLC, its General Partner | |
| By: | /s/ Americo Cascella | |
| Name: Americo Cascella | ||
| Title: Authorized Signatory | ||
| ARES INSTITUTIONAL LOAN FUND B.V. | ||
| By: | Ares Management Limited, as Manager | |
| By: | /s/ John Leupp | |
| Name: John Leupp | ||
| Title: Authorized Signatory | ||
| SEI INSTITUTIONAL INVESTMENTS TRUST ENHANCED LIBOR OPPORTUNITIES FUND | ||
| By: | Ares Management LLC, as Portfolio Manager | |
| By: | /s/ John Leupp | |
| Name: John Leupp | ||
| Title: Authorized Signatory | ||
| SEI INSTITUTIONAL MANAGED TRUST ENHANCED INCOME FUND | ||
| By: | Ares Management LLC, as Portfolio Manager | |
| By: | /s/ John Leupp | |
| Name: John Leupp | ||
| Title: Authorized Signatory | ||
| AVENUE CLO III, LTD., as a Lender | ||
| By: | /s/ Sriram Balakrishnan | |
| Name: Sriram Balakrishnan | ||
| Title: Portfolio Manager | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| BABSON CLO LTD. 2005-I BABSON CLO LTD. 2005-III BABSON CLO LTD. 2006-II BABSON CLO LTD. 2007-I BABSON MID-MARKET CLO LTD. 2007-II BABSON CLO LTD. 2011-I BABSON CLO LTD. 2012-II CLEAR LAKE CLO, LTD. SAPPHIRE VALLEY COO I. LTD. ST. JAMES RIVER CLO, LTD., | ||
| as Lenders | ||
| By: Babson Capital Management LLC as Collateral Manager | ||
| By: | /s/ Andrew Mees | |
| Name: Andrew Mees | ||
| Title: Director | ||
| MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY C.M. LIFE INSURANCE COMPANY, | ||
| as Lenders | ||
| By: Babson Capital Management LLC as Investment Adviser | ||
| By: | /s/ Andrew Mees | |
| Name: Andrew Mees | ||
| Title: Director | ||
| DIAMOND LAKE CLO, LTD., | ||
| as a Lender | ||
| By: Babson Capital Management LLC as Collateral Servicer | ||
| By: | /s/ Andrew Mees | |
| Name: Andrew Mees | ||
| Title: Director | ||
| JFIN CLO 2007 LTD. | ||
| as a Lender | ||
| By: Jefferies Finance LLC as Collateral Manager | ||
| By: | /s/ Charlie J. Franklin | |
| Name: Charlie J. Franklin | ||
| Title: Closing Manager | ||
| NETT LOAN FUND LTD., | ||
| as a Lender | ||
| By: Babson Capital Management LLC as Portfolio Manager | ||
| By: | /s/ Andrew Mees | |
| Name: Andrew Mees | ||
| Title: Director | ||
| Race Point III CLO, | ||
| as a Lender | ||
| By: Sankaty Advisors, LLC as Collateral Manager | ||
| By: | /s/ Andrew S. Viens | |
| Name: Andrew S. Viens | ||
| Title: Sr. Vice President of | ||
| Operations | ||
| Race Point IV CLO, | ||
| as a Lender | ||
| By: Sankaty Advisors, LLC as Collateral Manager | ||
| By: | /s/ Andrew S. Viens | |
| Name: Andrew S. Viens | ||
| Title: Sr. Vice President of | ||
| Operations | ||
| Nash Point CLO, | ||
| as a Lender | ||
| By: Sankaty Advisors, LLC as Collateral Manager | ||
| By: | /s/ Andrew S. Viens | |
| Name: Andrew S. Viens | ||
| Title: Sr. Vice President of | ||
| Operations | ||
| Sankaty Senior Loan Fund, L.P., | ||
| as a Lender | ||
| By: | /s/ Andrew S. Viens | |
| Name: Andrew S. Viens | ||
| Title: Sr. Vice President of | ||
| Operations | ||
| Bank of America, N.A., | ||
| as a Lender | ||
| By: | /s/ Erik S. Grossman | |
| Name: Erik S. Grossman | ||
| Title: Vice President | ||
| Evergreen CBNA Loan Funding LLC, | ||
| as a Lender | ||
| By: | /s/ Adam Kaiser | |
| Name: Adam Kaiser | ||
| Title: Attorney-in-Fact | ||
| Cortina Funding LLC, | ||
| as a Lender | ||
| By: | /s/ Richard Taylor | |
| Name: Richard Taylor | ||
| Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| BNP Paribas, as a Lender | ||
| By: | /s/ Chris Tice | |
| Name: Chris Tice | ||
| Title: MP | ||
| BATTALION CLO 2007-I LTD., as a Lender | ||
| By: BRIGADE CAPITAL MANAGEMENT LLC As Collateral Manager | ||
| By: | /s/ Peter Park | |
| Name: Peter Park | ||
| Title: Associate | ||
| CATERPILLAR FINANCIAL SERVICES CORPORATION, as a Lender | ||
| By: | /s/ Charles C. Shupe, III | |
| Name: Charles C. Shupe, III | ||
| Title: Credit Manager | ||
| CANARAS SUMMIT CLO LTD | ||
| By: Canaras Capital Management LLC As Sub-Investment Adviser, as a Lender | ||
| By: | /s/ Richard J. Vratanina | |
| Name: Richard J. Vratanina | ||
| Title: Authorized Signatory | ||
| Green Island CBNA Loan Funding, as a Lender | ||
| By: Citibank N.A. | ||
| By: | /s/ Lynette Thompson | |
| Name: Lynette Thompson | ||
| Title: Director | ||
| Carlyle Global Market Strategies CLO 2012-2, Ltd., as a Lender | ||
| By: | /s/ Glori Graziano | |
| Name: Glori Graziano | ||
| Title: Managing Director | ||
| Carlyle Bristol CLO, Ltd., as a Lender | ||
| By: | /s/ Glori Graziano | |
| Name: Glori Graziano | ||
| Title: Managing Director | ||
| Carlyle Daytona CLO, Ltd., as a Lender | ||
| By: | /s/ Glori Graziano | |
| Name: Glori Graziano | ||
| Title: Managing Director | ||
| Carlyle Global Market Strategies CLO 2012-1, Ltd., as a Lender | ||
| By: | /s/ Glori Graziano | |
| Name: Glori Graziano | ||
| Title: Managing Director | ||
| Carlyle McLaren CLO, Ltd., as a Lender | ||
| By: | /s/ Glori Graziano | |
| Name: Glori Graziano | ||
| Title: Managing Director | ||
| Carlyle Veyron CLO, Ltd., as a Lender | ||
| By: | /s/ Glori Graziano | |
| Name: Glori Graziano | ||
| Title: Managing Director | ||
| Foothill CLO I, Ltd., as a Lender | ||
| By: | /s/ Glori Graziano | |
| Name: Glori Graziano | ||
| Title: Managing Director | ||
| Mountain Capital CLO VI Ltd., as a Lender | ||
| By: | /s/ Glori Graziano | |
| Name: Glori Graziano | ||
| Title: Managing Director | ||
| Mountain Capital CLO V Ltd., as a Lender | ||
| By: | /s/ Glori Graziano | |
| Name: Glori Graziano | ||
| Title: Managing Director | ||
| LMP Corporate Loan Fund, Inc. | ||
| By: Citi Alternative Investments LLC, as a Lender | ||
| By: | /s/ Roger Yee | |
| Name: Roger Yee | ||
| Title: VP | ||
| REGATTA FUNDING LTD. | ||
| By: Citi Alternative Investments LLC, attorney-in-fact , as a Lender | ||
| By: | /s/ Roger Yee | |
| Name: Roger Yee | ||
| Title: VP | ||
| Citibank N.A., as a Lender | ||
| By: | /s/ Brian Blessing | |
| Name: Brian Blessing | ||
| Title: Attorney-In-Fact | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| DUANE STREET CLO II, LTD. | ||
| By: Citigroup Alternative Investments LLC, As Collateral Manager, as a Lender | ||
| By: | /s/ Roger Yee | |
| Name: Roger Yee | ||
| Title: VP | ||
| DUANE STREET CLO III, LTD. | ||
| By: Citigroup Alternative Investments LLC, As Collateral Manager, as a Lender | ||
| By: | /s/ Roger Yee | |
| Name: Roger Yee | ||
| Title: VP | ||
| DUANE STREET CLO IV, LTD. | ||
| By: Citigroup Alternative Investments LLC, As Collateral Manager, as a Lender | ||
| By: | /s/ Roger Yee | |
| Name: Roger Yee | ||
| Title: VP | ||
| Cent CDO 12 Limited, as a Lender | ||
| By: Columbia Management Investment Advisers, LLC, As Collateral Manager | ||
| By: | /s/ Robin C. Stancil | |
| Name: Robin C. Stancil | ||
| Title: Assistant Vice President | ||
| Cent CDO 14 Limited, as a Lender | ||
| By: Columbia Management Investment Advisers, LLC, As Collateral Manager | ||
| By: | /s/ Robin C. Stancil | |
| Name: Robin C. Stancil | ||
| Title: Assistant Vice President | ||
| Cent CDO XI Limited, as a Lender | ||
| By: Columbia Management Investment Advisers, LLC, As Collateral Manager | ||
| By: | /s/ Robin C. Stancil | |
| Name: Robin C. Stancil | ||
| Title: Assistant Vice President | ||
| Cent CDO 15 Limited, as a Lender | ||
| By: Columbia Management Investment Advisers, LLC, As Collateral Manager | ||
| By: | /s/ Robin C. Stancil | |
| Name: Robin C. Stancil | ||
| Title: Assistant Vice President | ||
| Centurion CDO 9 Limited, as a Lender | ||
| By: Columbia Management Investment Advisers, LLC, As Collateral Manager | ||
| By: | /s/ Robin C. Stancil | |
| Name: Robin C. Stancil | ||
| Title: Assistant Vice President | ||
| Columbia Floating Rate Fund, a series of Columbia Funds Series Trust II, as a Lender | ||
| By: | /s/ Robin C. Stancil | |
| Name: Robin C. Stancil | ||
| Title: Assistant Vice President | ||
| Columbia Strategic Income Fund, a series of Columbia Funds Series Trust I, as a Lender | ||
| By: | /s/ Robin C. Stancil | |
| Name: Robin C. Stancil | ||
| Title: Authorized Signatory | ||
| Columbia Variable Portfolio— Strategic Income Fund, a series of Columbia Funds Variable Insurance Trust, as a Lender | ||
| By: | /s/ Robin C. Stancil | |
| Name: Robin C. Stancil | ||
| Title: Authorized Signatory | ||
| RiverSource Life Insurance Company, as a Lender | ||
| By: | /s/ Robin C. Stancil | |
| Name: Robin C. Stancil | ||
| Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| Bridgeport CLO Ltd. Bridgeport CLO II Ltd. Burr Ridge CLO Plus Ltd. Schiller Park CLO Ltd. | ||
| By: Deerfield Capital Management LLC, its Collateral Manager | ||
| By: | /s/ Stephen J. Vaccaro | |
| Name: Stephen J. Vaccaro | ||
| Title: Authorized Signatory | ||
| CIFC Funding 2006-I, Ltd. CIFC Funding 2006-IB, Ltd. CIFC Funding 2006-II, Ltd. CIFC Funding 2007-I, Ltd. CIFC Funding 2007-II, Ltd. CIFC Funding 2007-III, Ltd. CIFC Funding 2007-IV, Ltd. CIFC Funding 2011-I, Ltd. CIFC Funding 2012-I, Ltd. | ||
| By: CIFC Asset Management LLC, its Collateral Manager | ||
| By: | /s/ Stephen J. Vaccaro | |
| Name: Stephen J. Vaccaro | ||
| Title: Authorized Signatory | ||
| CIFC Warehouse I Ltd. | ||
| By: CIFC Asset Management LLC, its Collateral Manager | ||
| By: | /s/ Rob Milton | |
| Name: Rob Milton | ||
| Title: Authorized Signatory | ||
| ColumbusNova CLO Ltd. 2006-I ColumbusNova CLO Ltd. 2006-II ColumbusNova CLO Ltd. 2007-I ColumbusNova CLO IV Ltd. 2007-II | ||
| By: Columbus Nova Credit Investments Management, LLC, its Collateral Manager | ||
| By: | /s/ Stephen J. Vaccaro | |
| Name: Stephen J. Vaccaro | ||
| Title: Authorized Signatory | ||
| Hewett’s Island CLO V, Ltd. Hewett’s Island CLO VI, Ltd. | ||
| By: CypressTree Investment Management, LLC, its Collateral Manager | ||
| By: | /s/ Stephen J. Vaccaro | |
| Name: Stephen J. Vaccaro | ||
| Title: Authorized Signatory | ||
| Primus CLO II, Ltd. | ||
| By: CypressTree Investment Management, LLC, its Subadviser | ||
| By: | /s/ Stephen J. Vaccaro | |
| Name: Stephen J. Vaccaro | ||
| Title: Authorized Signatory | ||
| CREDIT SUISSE LOAN FUNDING LLC, as a Lender | ||
| By: | /s/ Barry Zamore | |
| Name: Barry Zamore | ||
| Title: Managing Director | ||
| By: | /s/ Robert Healey | |
| Name: Robert Healey | ||
| Title: Authorized Signatory | ||
| ATLAS SENIOR LOAN FUND, LTD. | ||
| By: Crescent Capital Group LP, its adviser | ||
| By: | /s/ Jonathan R. Insull | |
| Name: Jonathan R. Insull | ||
| Title: Managing Director | ||
| By: | /s/ John Hwang | |
| Name: John Hwang | ||
| Title: Vice President | ||
| VITESSE CLO LTD. | ||
| By: TCW-WLA JV Venture LLC, its sub-adviser | ||
| By: | /s/ Jonathan R. Insull | |
| Name: Jonathan R. Insull | ||
| Title: Managing Director | ||
| By: | /s/ John Hwang | |
| Name: John Hwang | ||
| Title: Vice President | ||
| ATRIUM V | ||
| By: Credit Suisse Asset Management, LLC, as collateral manager, as a Lender , as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| AUSTRALIANSUPER | ||
| By: Credit Suisse Asset Management, LLC, as sub-advisor to [illegible] Asset Management Pty Ltd. in the capacity as agent of and investment manager for AustralianSuper Pty Ltd. in its capacity as trustee of AustralianSuper, as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
| Bentham Wholesale Syndicated Loan Fund | ||
| By: Credit Suisse Asset Management, LLC, as Agent (Sub-advisor) to Challenger Investment Services Limited, the Responsible Entity for Bentham Wholesale Syndicated Loan Fund, as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
| By: Credit Suisse Asset Management, LLC, as investment advisor | ||
| IHC Health Services Inc., as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
| Credit Suisse Asset Management, LLC, as portfolio manager | ||
| Madison Park Funding IX, as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
| Madison Park Funding V, Ltd. | ||
| By: Credit Suisse Asset Management, LLC, as collateral manager , as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
| Madison Park Funding VI, Ltd. | ||
| By: Credit Suisse Asset Management, LLC, as collateral manager , as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
| Madison Park Funding III, Ltd. | ||
| By: Credit Suisse Asset Management, LLC, as collateral manager , as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
| Madison Park Funding IV, Inc. | ||
| By: Credit Suisse Asset Management, LLC, as collateral manager , as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
| Credit Suisse Asset Management, LLC | ||
| California State Teachers Retirement System, as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
| Credit Suisse Asset Management, LLC, as investment advisor
IHC Pension Plan Directed Trust, as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
| Credit Suisse Asset Management, as portfolio manager Madison Park Funding VIII, as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| APIDOS CLO IX, as a Lender | ||
| By: Its Collateral Manager CVC | ||
| Credit Partners, LLC | ||
| By: | /s/ Gretchen Bergstresser | |
| Name: Gretchen Bergstresser | ||
| Title: Sr. MD & Sr. PM | ||
| 1199 SEIU Health Care Employees Pension Fund | ||
| By: Seix Investment Advisors LLC, as Investment Manager Anthem Health Plans, Inc. | ||
| By: Seix Investment Advisors LLC, as Investment Manager | ||
| Baker Street Funding CLO 2005-1 Ltd. | ||
| By: Seix Investment Advisors LLC, as Collateral Manager Baker Street CLO II Ltd. | ||
| By: Seix Investment Advisors LLC, as Collateral Manager Baptist Health South Florida, Inc. | ||
| By: Seix Investment Advisors LLC, as Advisor Berea College | ||
| By: Seix Investment Advisors LLC, as Investment Manager Blue Cross of Idaho Health Service, Inc. | ||
| By: Seix Investment Advisors LLC, as Investment Manager HC Capital Trust—The Fixed Income Opportunity Portfolio | ||
| By: Seix Investment Advisors LLC, as Portfolio Manager Mountain View Funding CLO 2006-I, Ltd. | ||
| By: Seix Investment Advisors LLC, as Collateral Manager Mountain View CLO II Ltd. | ||
| By: Seix Investment Advisors LLC, as Collateral Manager Mountain View CLO III Ltd. | ||
| By: Seix Investment Advisors LLC, as Collateral Manager RidgeWorth Funds – High Income Fund | ||
| By: Seix Investment Advisors LLC, as Subadviser RidgeWorth Funds—Seix Floating Rate High Income Fund | ||
| By: Seix Investment Advisors LLC, as Subadviser RidgeWorth Funds—Seix High Yield Fund | ||
| By: Seix Investment Advisors LLC, as Subadviser RidgeWorth Funds – Total Return Bond Fund | ||
| By: Seix Investment Advisors LLC, as Subadviser Rochdale Fixed Income Opportunities Portfolio | ||
| By: Seix Investment Advisors LLC, as Subadviser Seix Credit Opportunities Fund Financing 1, Ltd. | ||
| By: Seix Investment Advisors LLC, as Investment Manager Seix Multi-Sector Absolute Return Fund L.P. | ||
| By: Seix Multi-Sector Absolute Return Fund GP LLC, in its capacity as sole general partner | ||
| By: Seix Investment Advisors LLC, its sole member University of Rochester | ||
| By: Seix Investment Advisors LLC, as Adviser | ||
| as Lenders | ||
| By: | /s/ George Goudelias | |
| Name: George Goudelias | ||
| Title: Managing Director | ||
| Delaware Group Advisor Funds- Delaware Diversified Income Fund, as Lender | ||
| By: | /s/ Adam Brown | |
| Name: Adam Brown | ||
| Title: Vice President | ||
| Delaware VIP Trust – Delaware VIP Diversified Income Series, as a Lender | ||
| By: | /s/ Adam Brown | |
| Name: Adam Brown | ||
| Title: Vice President | ||
| Optimum Trust—Optimum Fixed Income Fund, as a Lender | ||
| By: | /s/ Adam Brown | |
| Name: Adam Brown | ||
| Title: Vice President | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| As a Lender:
DWS Floating Rate Fund | ||
| By: Deutsche Investment Management Americas, Inc. Investment Advisor | ||
| By: | /s/ Eric S. Meyer | |
| Eric S. Meyer, Managing Director | ||
| By: | /s/ Antonio V. Versaci | |
| Name: Antonio V. Versaci | ||
| Title: Director | ||
| As a Lender:
Flagship CLO VI | ||
| By: Deutsche Investment Management Americas, Inc. As Collateral Manager | ||
| By: | /s/ Eric S. Meyer | |
| Eric S. Meyer, Managing Director | ||
| By: | /s/ Antonio V. Versaci | |
| Name: Antonio V. Versaci | ||
| Title: Director | ||
| Doral CLO I Ltd, Doral CLO II, Ltd, and Doral Money, Inc., as Lender | ||
| By: | /s/ Dennis Talley | |
| Name: Dennis Talley | ||
| Title: Managing Director | ||
| East West Bank, as a Lender | ||
| By: | /s/ Andrew Maria | |
| Name: Andrew Maria | ||
| Title: Vice President | ||
| AGF Floating Rate Income Fund, as a Lender | ||
| By: Eaton Vance Management as Portfolio Manager | ||
| By | : /s/ Michael Botthof | |
| Name: Michael Botthof | ||
| Title: Vice President | ||
| Eaton Vance CDO VII PLC, as a Lender | ||
| By: Eaton Vance Management as Interim Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof | ||
| Title: Vice President | ||
| Eaton Vance CDO VIII, Ltd, as a Lender | ||
| By: Eaton Vance Management as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof Title: Vice President | ||
| Eaton Vance Institutional Senior Loan Fund, as a Lender | ||
| By: Eaton Vance Management as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof | ||
| Title: Vice President | ||
| Eaton Vance Limited Duration Income Fund, as a Lender | ||
| By: Eaton Vance Management as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof Title: Vice President | ||
| Eaton Vance Floating-Rate Income Trust, as a Lender | ||
| By: Eaton Vance Management as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof | ||
| Title: Vice President | ||
| Eaton Vance Short Duration Diversified Income Fund, as a Lender | ||
| By: Eaton Vance Management as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof | ||
| Title: Vice President | ||
| Eaton Vance Senior Floating-Rate Trust, as a Lender | ||
| By: Eaton Vance Management as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof | ||
| Title: Vice President | ||
| Eaton Vance Senior Income Trust, as a Lender | ||
| By: Eaton Vance Management as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof Title: Vice President | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| Eaton Vance VT Floating-Rate Income Fund, as a Lender By: Eaton Vance Management as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof Title: Vice President | ||
| Eaton Vance CDO IX Ltd., as a Lender By: Eaton Vance Management as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof Title: Vice President | ||
| Eaton Vance CDO X PLC, as a Lender By: Eaton Vance Management as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof Title: Vice President | ||
| Eaton Vance International (Cayman Islands) Floating-Rate Income Portfolio, as a Lender By: Eaton Vance Management as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof Title: Vice President | ||
| Grayson & Co, as a Lender By: Boston Management and Research as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof Title: Vice President | ||
| MET Investors Series Trust -Met/Eaton Vance Floating Rate Portfolio, as a Lender By: Eaton Vance Management as Investment Sub-Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof Title: Vice President | ||
| Pacific Life Funds-PL Floating Rate Loan Fund, as a Lender By: Eaton Vance Management as Investment Sub-Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof Title: Vice President | ||
| Pacific Select Fund Floating Rate Loan Portfolio, as a Lender By: Eaton Vance Management as Investment Sub-Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof Title: Vice President | ||
| Senior Debt Portfolio, as a Lender By: Boston Management and Research as Investment Advisor | ||
| By: | /s/ Michael Botthof | |
| Name: Michael Botthof Title: Vice President | ||
| Wells Capital Management Inc. on behalf of a/c 83292600 (WFA Income Opportunities), as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser Title: Portfolio Manager | ||
| Wells Capital Management Inc. on behalf of a/c 83294500, as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser Title: Portfolio Manager | ||
| Wells Capital Management Inc. on behalf of a/c 83294700 (WFA Util High Income Fund), as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser Title: Portfolio Manager | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| Federated Bank Loan Core Fund, as a Lender | ||
| By: | /s/ B. Anthony Delserone, Jr. | |
| Name: B. Anthony Delserone, Jr. | ||
| Title: Vice President | ||
| Advance Series Trust – AST FI Pyramis Asset Allocation Portfolio, by: Pyramis Global Advisors LLC as Investment Manager, as a Lender | ||
| By: | /s/ Susanne Riche | |
| Name: Susanne Riche | ||
| Title: Director | ||
| Ballyrock CLO 2006-1 Limited, By: Ballyrock Investment Advisors LLC, as Collateral Manager, as a Lender | ||
| By: | /s/ Lisa Rymut | |
| Name: Lisa Rymut | ||
| Title: Assistant Treasurer | ||
| Ballyrock CLO 2006-2 Limited, By: Ballyrock Investment Advisors LLC, as Collateral Manager, as a Lender | ||
| By: | /s/ Lisa Rymut | |
| Name: Lisa Rymut | ||
| Title: Assistant Treasurer | ||
| Ballyrock CLO III Limited, By: Ballyrock Investment Advisors LLC, as Collateral Manager, as a Lender | ||
| By: | /s/ Lisa Rymut | |
| Name: Lisa Rymut | ||
| Title: Assistant Treasurer | ||
| Fidelity Advisors Series I: Fidelity Advisors Floating Rate High Income Fund, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Authorized Signatory | ||
| Fidelity Advisors Series I: Fidelity Advisors High Income Fund, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Deputy Treasurer | ||
| Fidelity Advisors Series II: Fidelity Advisors Strategic Income Fund, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Deputy Treasurer | ||
| Fidelity Central Investment Portfolios LLC: Fidelity Floating Rate Central Fund, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Deputy Treasurer | ||
| Fidelity Central Investment Portfolios LLC: Fidelity Specialized High Income Central Fund, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Deputy Treasurer | ||
| Fidelity Central Investment Portfolios LLC: Fidelity High Income Central Fund 1, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Deputy Treasurer | ||
| Fidelity Income Fund: Fidelity Total Bond Fund, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Deputy Treasurer | ||
| Fidelity School Street Trust: Fidelity Strategic Income Fund, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Deputy Treasurer | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| Fidelity Summer Street Trust: Fidelity Focused High Income Fund, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Deputy Treasurer | ||
| Fidelity Floating Rate High Income Investment Trust, for Fidelity Investments Canada ULC as Trustee of Fidelity Floating Rate High Income Investment Trust, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Deputy Treasurer | ||
| Fidelity Summer Street Trust: Fidelity Series Floating Rate High Income Fund, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Deputy Treasurer | ||
| Illinois Municipal Retirement Fund, By: Pyramis Global Advisors Trust Company, as Investment Manager Under Power of Attorney, as a Lender | ||
| By: | /s/ Susanne Riche | |
| Name: Susanne Riche | ||
| Title: Director | ||
| Pyramis Floating Rate High Income Commingled Pool, By: Pyramis Global Advisors Trust Company as Trustee, as a Lender | ||
| By: | /s/ Susanne Riche | |
| Name: Susanne Riche | ||
| Title: Director | ||
| Pyramis High Yield Bond Commingled Pool, By: Pyramis Global Advisors Trust Company as Trustee, as a Lender | ||
| By: | /s/ Susanne Riche | |
| Name: Susanne Riche | ||
| Title: Director | ||
| Variable Insurance Products Fund V: Strategic Income Portfolio, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Deputy Treasurer | ||
| Variable Insurance Products Fund: High Income Portfolio, as a Lender | ||
| By: | /s/ Joe Zambello | |
| Name: Joe Zambello | ||
| Title: Deputy Treasurer | ||
| Fifth Third Bank, as a Lender | ||
| By: | /s/ Janice Baughman | |
| Name: Janice Baughman | ||
| Title: Vice President | ||
| Fountain Court Master Fund, as a Lender | ||
| By: | /s/ Adam Brown | |
| Name: Adam Brown | ||
| Title: Vice President | ||
| Macquarie / First Trust Global Infrastructure / Utilities Dividend & Income Fund, as a Lender | ||
| By: | /s/ Adam Brown | |
| Name: Adam Brown | ||
| Title: Vice President | ||
| Four Corners CLO 2005-I, Ltd., as a Lender | ||
| By: | /s/ Adam Brown | |
| Name: Adam Brown | ||
| Title: Vice President | ||
| FRANKLIN CLO V, LTD., as a Lender | ||
| By: | /s/ David Ardini | |
| Name: David Ardini, Franklin Advisers, Inc. as Collateral Manager | ||
| Title: Vice President | ||
| COA Caerus CLO Ltd., as Lender, as a Lender By: FS COA Management LLC, as Portfolio Manager | ||
| By: | /s/ David Nadeau | |
| Name: David Nadeau | ||
| Title: Partner | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| Fraser Sullivan CLO II, Ltd., as Lender, as a Lender By: WCAS Fraser Sullivan Investment Management, LLC, as Collateral Manager | ||
| By: | /s/ David Nadeau | |
| Name: David Nadeau | ||
| Title: Partner | ||
| Fraser Sullivan CLO VII Ltd., as a Lender By: FS COA Management, LLC, as Portfolio Manager | ||
| By: | /s/ David Nadeau | |
| Name: David Nadeau | ||
| Title: Partner | ||
| Fraser Sullivan CLO V Ltd., as Lender, as a Lender By: WCAS Fraser Sullivan Investment Management, LLC, as Portfolio Manager | ||
| By: | /s/ David Nadeau | |
| Name: David Nadeau | ||
| Title: Partner | ||
| Fraser Sullivan CLO VI, Ltd., as a Lender By: FS COA Management, LLC, as Portfolio Manager | ||
| By: | /s/ David Nadeau | |
| Name: David Nadeau | ||
| Title: Partner | ||
| FSC VII LOAN FUNDING (CBNA) LLC, as a Lender By: Citibank, N.A. | ||
| By: | /s/ Tina Tran | |
| Name: Tina Tran | ||
| Title: Associate Director | ||
| Global Leveraged Capital Credit Opportunity Fund I By, Global Leveraged Capital Management, LLC, as a Lender | ||
| By: | /s/ Michael Ferris | |
| Name: Michael Ferris | ||
| Title: Managing Director | ||
| ABS Loans 2007 Limited, a subsidiary of Goldman Sachs Institutional Funds II PLC, as a Lender | ||
| By: | /s/ Sheenagh Carroll | |
| Title: Authorised Signatory | ||
| By: | /s/ Sinead Murphy | |
| Name: Sinead Murphy | ||
| Title: Authorised Signatory | ||
| Argo Re Ltd. by Goldman Sachs Asset Management, L.P. solely as its investment manager and not as principal, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
| Factory Mutual Insurance Company by Goldman Sachs Asset Management, L.P. solely as its investment manager and not as principal, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
| First Plaza Group Trust II by Goldman Sachs Asset Management, L.P. solely as its investment manager and not as principal, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
| GOLDMAN SACHS ASSET MANAGEMENT CLO, PUBLIC LIMITED COMPANY By: Goldman Sachs Asset Manager, L.P., as Manager, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| Goldman Sachs Collective Trust High Yield Implementation Vehicle by The Goldman Sachs Trust Company, NA, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
| Goldman Sachs Trust on behalf of the Goldman Sachs High Yield Fund by Goldman Sachs Asset Management, L.P. as investment advisor, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
| Goldman Sachs Strategic Income Fund by The Goldman Sachs Trust Company, NA, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
| Goldman Sachs Trust on behalf of the Goldman Sachs High Yield Floating Rate Fund by Goldman Sachs Asset Management, L.P. as investment advisor and not as principal, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
| Lyondell Master Trust by Goldman Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
| MeadWestvaco Corporation Master Retirement Trust by Goldman Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
| Northrop Grumman Pension Master Trust by Goldman Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
| The Regents of the University of California by Goldman Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
| Torus Insurance Holdings Limited by Goldman Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender | ||
| By: | /s/ Kaidi Huang | |
| Name: Kaidi Huang | ||
| Title: VP | ||
| Golub Capital Senior Loan Opportunity Fund, Ltd., as a Lender | ||
| By: | GC Advisors LLC, as agent | |
| By: | /s/ Michael C. Loehrke | |
| Name: Michael C. Loehrke | ||
| Title: Authorized Signatory | ||
| Golub Capital Management CLO 2007-1, Ltd., as a Lender | ||
| By: | Golub Capital LLC, as Collateral Manager | |
| By: | /s/ Michael C. Loehrke | |
| Name: Michael C. Loehrke | ||
| Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| Golub Capital Funding CL0-8, Ltd., as a Lender By: Golub Capital Partners Management Ltd., as Collateral Manager | ||
| By: | /s/ Michael C. Loehrke | |
| Name: Michael C. Loehrke | ||
| Title: Authorized Signatory | ||
| Golub Capital Partners CLO 10, Ltd., as a Lender By: GC Advisors LLC, its agent | ||
| By: | /s/ Michael C. Loehrke | |
| Name: Michael C. Loehrke | ||
| Title: Authorized Signatory | ||
| Golub Capital Partners CLO 11, Ltd., as a Lender By: GC Advisors LLC, as agent | ||
| By: | /s/ Michael C. Loehrke | |
| Name: Michael C. Loehrke | ||
| Title: Authorized Signatory | ||
| Golub Capital Partners CLO 12, Ltd., as a Lender | ||
| By: | GC Advisors LLC, as agent | |
| By: | /s/ Michael C. Loehrke | |
| Name: Michael C. Loehrke | ||
| Title: Authorized Signatory | ||
| Benjamin Loan Funding LLC, as a Lender | ||
| By: | Citibank N.A. | |
| By: | /s/ Tina Tran | |
| Name: Tina Tran | ||
| Title: Associate Director | ||
| BLACKSTONE / GSO SECURED TRUST LTD By: GSO / Blackstone Debt Funds Management LLC as Investment Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| BLACKSTONE / GSO SENIOR FLOATING RATE TERM FUND By: GSO / Blackstone Debt Funds Management LLC as Investment Adviser, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| CALLIDUS DEBT PARTNERS CLO FUND V, LTD By: GSO / Blackstone Debt Funds Management LLC as Collateral Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| CALLIDUS DEBT PARTNERS CLO FUND VI, LTD. By: OSO / Blackstone Debt Funds Management LLC as Collateral Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| CALLIDUS DEBT PARTNERS CLO FUND VII, LTD. By: GSO / Blackstone Debt Funds Management LLC as Collateral Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| CENTRAL PARK CLO, LTD. By: GSO / Blackstone Debt Funds Management LLC as Collateral Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| CHELSEA PARK CLO LTD. By: GSO/BLACKSTONE Debt Funds Management LLC as Portfolio Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| COLUMBUS PARK CDO LTD. By: GSO / Blackstone Debt Funds Management LLC as Portfolio Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| GALE FORCE 3 CLO, LTD. By: GSO/BLACKSTONE Debt Funds Management LLC as Collateral Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| GALE FORCE 4 CLO, LTD. By: GSO/BLACKSTONE Debt Funds Management LLC as Collateral Servicer, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| GALE FORCE 2 CLO, LTD. By: GSO/BLACKSTONE Debt Funds Management LLC as Collateral Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| INWOOD PARK CDO LTD. By: Blackstone Debt Advisors L.P. as Collateral Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| LAMP FUNDS (IRE) 1PLC IN RESPECT OF ITS LAMP SUB-FUND BLACKSTONE/GSO SENIOR FLOATING RATE CORPORATE LOAN FUND, as Assignee By: GSO / Blackstone Debt Funds Management LLC as Investment Manager By: The Bank of New York Mellon Trust Company, National Association as Sub Custodian, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| By: | /s/ Yvette Haynes | |
| Name: Yvette Haynes | ||
| Title: VP | ||
| MAPS CLO FUND II, LTD. By: GSO / Blackstone Debt Funds Management LLC as Collateral Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| PROSPECT PARK CDO LTD. By: Blackstone Debt Advisors L.P. as Collateral Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| RIVERSIDE PARK CLO LTD. By: GSO/BLACKSTONE Debt Funds Management LLC as Collateral Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| SUN LIFE ASSURANCE COMPANY of CANADA (US) By: GSO/BLACKSTONE CP Holdings LP as Sub-Advisor, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| SUNSUPER POOLED SUPERANNUATION TRUST By: GSO Capital Partners LP, its Investment Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| TRIBECA PARK CLO LTD. | ||
| By: GSO/BLACKSTONE Debt Funds Management | ||
| LLC as Portfolio Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| UNITED HEALTHCARE INSURANCE COMPANY | ||
| By: GSO Capital Advisors LLC as Manager, as a Lender | ||
| By: | /s/ Daniel H. Smith | |
| Name: Daniel H. Smith | ||
| Title: Authorized Signatory | ||
| Halcyon Structured Asset Management Long Secured/Short Unsecured 2007-1 Ltd. | ||
| Halcyon Structured Asset Management Long Secured/Short Unsecured 2007-2 Ltd. | ||
| Halcyon Structured Asset Management Long Secured/Short Unsecured 2007-3 Ltd. | ||
| Halcyon Loan Investors CLO I Ltd. | ||
| Halcyon Loan Investors CLO II Ltd. | ||
| as a Lender | ||
| By: | /s/ James W. Sykes | |
| Name: James W. Sykes | ||
| Title: Managing Principal | ||
| Harch CLO III, Limited, as a Lender | ||
| By: | /s/ James DiDonato | |
| Name: James DiDonato | ||
| Title: Portfolio Manager | ||
| Each of the persons listed on Annex A, Severally but not jointly, as a Lender | ||
| By: Wellington Management Company, LLP, as its Investment Adviser | ||
| By: | /s/ Donald M. Caiazza | |
| Name: Donald M. Caiazza | ||
| Title: Vice President and Counsel | ||
| ANNEX A | ||
| Global Indemnity (Cayman) Limited Safety Insurance Company | ||
| Stellar Performer Global Series W—Global Credit | ||
| SunAmerica Senior Floating Rate Fund, Inc. | ||
| The Hartford Floating Rate Fund | ||
| The Hartford Floating Rate High Income Fund | ||
| The Hartford Inflation Plus Fund | ||
| The Hartford Short Duration Fund | ||
| The Hartford Strategic Income Fund | ||
| The Hartford Unconstrained Bond Fund | ||
| The Hartford World Bond Fund | ||
| U.A.I. (Luxembourg) Investment S.a.r.l. | ||
| UMC Benefit Board, Inc. | ||
| Aberdeen Loan Funding, | ||
| Ltd, as a Lender | ||
| By: Highland Capital Management, L.P. As Collateral Manager | ||
| By: | /s/ Carter Chism | |
| Name: Carter Chism | ||
| Title: Authorized Signatory | ||
| Brentwood CLO, Ltd., as a Lender | ||
| By: Highland Capital Management, L.P., As Collateral Manager | ||
| By: | /s/ Carter Chism | |
| Name: Carter Chism | ||
| Title: Authorized Signatory | ||
| Eastland CLO, Ltd., as a Lender | ||
| By: Highland Capital Management, L.P., As Collateral Manager | ||
| By: | /s/ Carter Chism | |
| Name: Carter Chism | ||
| Title: Authorized Signatory | ||
| Grayson CLO, Ltd., as a Lender | ||
| By: Highland Capital Management, L.P. As Collateral Manager | ||
| By: | /s/ Carter Chism | |
| Name: Carter Chism | ||
| Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| Hewett’s Island CLO | ||
| I-R, Ltd., as a Lender | ||
| By: Acis Capital Management, LP, its Collateral Manager | ||
| By: Acis Capital Management GP, LLC, its general partner | ||
| By: | /s/ Carter Chism | |
| Name: Carter Chism | ||
| Title: Authorized Signatory | ||
| Highland Credit Opportunities CDO, Ltd., as a Lender | ||
| By: Highland Capital Management L.P., As Collateral Manager | ||
| By: | /s/ Carter Chism | |
| Name: Carter Chism | ||
| Title: Authorized Signatory | ||
| Red River CLO, Ltd, as a Lender | ||
| By: Highland Capital Management, L.P. As Collateral Manager | ||
| By: | /s/ Carter Chism | |
| Name: Carter Chism | ||
| Title: Authorized Signatory | ||
| Red River CLO II Ltd, as a Lender | ||
| By: Highland Capital Management, L.P.; As Collateral Manager | ||
| By: | /s/ Carter Chism | |
| Name: Carter Chism | ||
| Title: Authorized Signatory | ||
| Westchester CLO, Ltd., as a Lender | ||
| By: Highland Capital Management, L.P. As Collateral Manager | ||
| By: | /s/ Carter Chism | |
| Name: Carter Chism | ||
| Title: Authorized Signatory | ||
| HillMark Funding, Ltd., as a Lender | ||
| By: HillMark Capital Management, L.P., as Collateral Manager, | ||
| as Lender | ||
| By: | /s/ Mark Gold | |
| Name: Mark Gold | ||
| Title: CEO | ||
| Stoney Lane Funding I, Ltd., as a Lender | ||
| By: HillMark Capital Management, L.P., as Collateral Manager, as Lender | ||
| By: | /s/ Mark Gold | |
| Name: Mark Gold | ||
| Title: CEO | ||
| 1776 CLO I, Ltd., as a Lender | ||
| By: | /s/ Ron Polye | |
| Name: Ron Polye | ||
| Title: Authorized Officer | ||
| ING Prime Rate Trust | ||
| By: ING Investment Management Co. LLC, | ||
| as its investment manager | ||
| ING Senior Income Fund | ||
| By: ING Investment Management Co. LLC, | ||
| as its investment manager | ||
| ING (L) Flex- Senior Loans | ||
| By: ING Investment Management Co. LLC, | ||
| as its investment manager | ||
| ING Investment Management CLO III, LTD. | ||
| By: ING Alternative Asset Management LLC, | ||
| as its investment manager | ||
| ING Investment Management CLO IV, LTD. | ||
| By: ING Alternative Asset Management LLC, | ||
| as its investment manager | ||
| ING Investment Management CLO V, LTD. | ||
| By: ING Alternative Asset Management LLC, | ||
| as its investment manager | ||
| ING IM CLO 2011-1, Ltd. | ||
| By: ING Alternative Asset Management LLC, | ||
| as its portfolio manager | ||
| Phoenix CLO I, LTD. | ||
| By: ING Alternative Asset Management LLC, | ||
| as its investment manager | ||
| Phoenix CLO II, LTD. | ||
| By: ING Alternative Asset Management LLC, | ||
| as its investment manager | ||
| Phoenix CLO III, L TD. | ||
| By: ING Alternative Asset Management LLC, | ||
| as its investment manager | ||
| ING IM CLO 2012-1, Ltd. | ||
| By: ING Alternative Asset Management LLC, | ||
| as its portfolio manager as Lenders | ||
| By: | /s/ Kelly T. Byrne | |
| Name: Kelly T. Byrne | ||
| Title: Vice President | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| AVALON IV CAPITAL LTD | ||
| By: Invesco Senior Secured Management, Inc. | ||
| As Asset Manager, as a Lender | ||
| By: | /s/ Thomas Ewald | |
| Name: Thomas Ewald | ||
| Title: Authorized Signatory | ||
| Children’s Healthcare of Atlanta Inc., as a Lender | ||
| By: Highland Capital Management, L.P. | ||
| As Investment Manager | ||
| By: | /s/ Carter Chism | |
| Name: Carter Chism | ||
| Title: Authorized Signatory | ||
| HUDSON CANYON FUNDING II, LTD | ||
| By: INVESCO Senior Secured Management, Inc. | ||
| As Collateral Manager & Attorney InFact, as a Lender | ||
| By: | /s/ Thomas Ewald | |
| Name: Thomas Ewald | ||
| Title: Authorized Signatory | ||
| Invesco Van Kampen Senior Income Trust | ||
| By: Invesco Senior Secured | ||
| Management, Inc. as Sub-Adviser, as a Lender | ||
| By: | /s/ Thomas Ewald | |
| Name: Thomas Ewald | ||
| Title: Authorized Signatory | ||
| LIMEROCK CLO I | ||
| By: Invesco Senior Secured Management, Inc. | ||
| As Investment Manager, as a Lender | ||
| By: | /s/ Thomas Ewald | |
| Name: Thomas Ewald | ||
| Title: Authorized Signatory | ||
| Medical Liability Mutual Insurance Company | ||
| By: Invesco Advisers, Inc. | ||
| as Investment Manager, as a Lender | ||
| By: | /s/ Thomas Ewald | |
| Name: Thomas Ewald | ||
| Title: Authorized Signatory | ||
| MSIM Peconic Bay, Ltd. | ||
| By: Invesco Senior Secured Management, Inc. | ||
| As Collateral Manager, as a Lender | ||
| By: | /s/ Thomas Ewald | |
| Name: Thomas Ewald | ||
| Title: Authorized Signatory | ||
| NAUTIQUE FUNDING LTD. | ||
| By: INVESCO Senior Secured Management, Inc. | ||
| As Collateral Manager, as a Lender | ||
| By: | /s/ Thomas Ewald | |
| Name: Thomas Ewald | ||
| Title: Authorized Signatory | ||
| PowerShares Senior Loan Portfolio. | ||
| By: Invesco Senior Secured Management, Inc. | ||
| As Collateral Manager, as a Lender | ||
| By: | /s/ Thomas Ewald | |
| Name: Thomas Ewald | ||
| Title: Authorized Signatory | ||
| QUALCOMM GLOBAL TRADING PTE. LTD | ||
| By: Invesco Senior Secured Management, Inc. | ||
| as Investment Manager, as a Lender | ||
| By: | /s/ Thomas Ewald | |
| Name: Thomas Ewald | ||
| Title: Authorized Signatory | ||
| Qualcomm Global Trading Inc. | ||
| By: Credit Suisse Asset Management, LLC, as investment manager, as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| Madison Park Funding IV, Ltd. | ||
| By: Credit Suisse Asset Management, LLC, as authorized manager, as a Lender | ||
| By: | /s/ David H. Lerner | |
| Name: David H. Lerner | ||
| Title: Authorized Signatory | ||
| WASATCH CLO LTD | ||
| By: INVESCO Senior Secured Management, Inc. As Portfolio Manager, | ||
| as a Lender | ||
| By: | /s/ Thomas Ewald | |
| Name: Thomas Ewald | ||
| Title: Authorized Signatory | ||
| BABSON CLO LTD. 2005-I BABSON CLO LTD. 2005-II BABSON CLO LTD. 2006-II BABSON MID-MARKET CLO LTD. 2007-II BABSON CLO LTD. 2011-I BABSON CLO LTD. 2012-II CLEAR LAKE CLO, LTD. SAPPHIRE VALLET CDO I. LTD ST. JAMES RIVER CLO, LTD., as Lenders | ||
| By: Babson Capital Management LLC as Collateral Manager | ||
| By: | /s/ Andrew Mees | |
| Name: Andrew Mees | ||
| Title: Director | ||
| MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY C.M. LIFE INSURANCE COMPANY, as Lenders | ||
| By: Babson Capital Management LLC as Investment Adviser | ||
| By: | /s/ Andrew Mees | |
| Name: Andrew Mees | ||
| Title: Director | ||
| DIAMOND LAKE CLO, LTD., as a Lender | ||
| By: Babson Capital Management LLC as Collateral Servicer | ||
| By: | /s/ Andrew Mees | |
| Name: Andrew Mees | ||
| Title: Director | ||
| Advanced Series Trust – AST High Yield Portfolio | ||
| By Prudential Investment Management, Inc. as investment advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| J.P Morgan Whitefriars Inc., as a Lender | ||
| By: | /s/ Jeffrey Panzo | |
| Name: Jeffrey Panzo | ||
| Title: Attorney-in-fact | ||
| Kingsland III, Ltd., as a Lender | ||
| By: Kingsland Capital Management, LLC, as Manager | ||
| By: | /s/ Katherine Kim | |
| Name: Katherine Kim | ||
| Title: Authorized Signatory | ||
| Kingsland IV Ltd., as a Lender | ||
| By: Kingsland Capital Management, LLC, as Manager | ||
| By: | /s/ Katherine Kim | |
| Name: Katherine Kim | ||
| Title: Authorized Signatory | ||
| Kingsland V Ltd., as a Lender | ||
| By: Kingsland Capital Management, LLC, as Manager | ||
| By: | /s/ Katherine Kim | |
| Name: Katherine Kim | ||
| Title: Authorized Signatory | ||
| Kingsland II Ltd., as a Lender | ||
| By: Kingsland Capital Management, LLC, as Manager | ||
| By: | /s/ Katherine Kim | |
| Name: Katherine Kim | ||
| Title: Authorized Signatory | ||
| KKR CORPORATE CREDIT PARTNERS L.P, as a Lender | ||
| By: | /s/ Jeffrey Smith | |
| Name: Jeffrey Smith | ||
| Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| KKR FLOATING RATE FUND L.P, as a Lender | ||
| By: | /s/ Jeffrey Smith | |
| Name: Jeffrey Smith | ||
| Title: Authorized Signatory | ||
| Maryland State Retirement and Pension System, as a Lender | ||
| By: | /s/ Jeffrey Smith | |
| Name: Jeffrey Smith | ||
| Title: Authorized Signatory | ||
| Oregon Public Employees Retirement Fund, as a Lender | ||
| By: | /s/ Jeffrey Smith | |
| Name: Jeffrey Smith | ||
| Title: Authorized Signatory | ||
| KLS Diversified Master Fund L.P., as a Lender By KLS Diversified Asset Management LP | ||
| /s/ Michael Zarrilli | ||
| Name: Michael Zarrilli | ||
| Title: COO | ||
| Land Bank of Taiwan, as a Lender | ||
| By: | /s/ Henry Leu | |
| Name: Henry Leu | ||
| Title: General Manager | ||
| APOSTLE LOOMIS SAYLES CREDIT OPPORTUNITES FUND, As Lender By: Loomis, Sayles & Company, L.P., Its Investment Manager By: Loomis, Sayles & Company, Incorporated, Its General Partner | ||
| By: | /s/ Mary McCarthy | |
| Name: Mary McCarthy | ||
| Title: Vice President | ||
| APOSTLE LOOMIS SAYLES SENIOR LOAN FUND, As Lender By: Loomis, Sayles & Company, L.P., Its Investment Manager By: Loomis, Sayles & Company, Incorporated, Its General Partner | ||
| By: | /s/ Mary McCarthy | |
| Name: Mary McCarthy | ||
| Title: Vice President | ||
| GUIDEMARK OPPORTUNISTIC FIXED INCOME FUND As Lender By: Loomis, Sayles & Company, L.P., Sub-Advisor By: Loomis, Sayles & Company, Incorporated. Its General Partner | ||
| By: | /s/ Mary McCarthy | |
| Name: Mary McCarthy | ||
| Title: Vice President | ||
| INDIANA UNIVERSITY As Lender By: Loomis, Sayles & Company, L.P., Its Investment Adviser By: Loomis, Sayles & Company, Incorporated, Its General Partner | ||
| By: | /s/ Mary McCarthy | |
| Name: Mary McCarthy | ||
| Title: Vice President | ||
| LITMAN GREGORY MASTERS ALTERNATIVE STRATEGIES FUND As Lender By: Loomis, Sayles & Company, L.P., As Sub-advisor for Litman Gregory Fund Advisors, LLC | ||
| By: | /s/ Mary McCarthy | |
| Name: Mary McCarthy | ||
| Title: Vice President | ||
| LOOMIS SAYLES CLO I, LTD As Lender By: Loomis, Sayles & Company, L.P., Its Collateral Manager By: Loomis Sayles & Company, Incorporated, Its General Partner | ||
| By: | /s/ Mary McCarthy | |
| Name: Mary McCarthy | ||
| Title: Vice President | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| THE LOOMIS SAYLES SENIOR LOAN FUND, LLC, As Lender By: Loomis, Sayles & Company, L.P., Its Managing Member By: Loomis, Sayles & Company, Incorporated. Its General Partner | ||
| By: | /s/ Mary McCarthy | |
| Name: Mary McCarthy | ||
| Title: Vice President | ||
| LOOMIS SAYLES ABSOLUTE STRATEGIES BOND FUND A Sub-Fund of Natixis International Funds (Lux) I, As Lender By: Loomis, Sayles & Company, L.P., Its Investment Manager By: Loomis, Sayles & Company, Incorporated, Its General Partner | ||
| By: | /s/ Mary McCarthy | |
| Name: Mary McCarthy | ||
| Title: Vice President | ||
| LOOMIS SAYLES ABSOLUTE STRATEGIES TRUST, As Lender By: Loomis, Sayles & Company, LLC., as Trustee of Loomis Sayles Absolute Strategies Trust | ||
| By: | /s/ Mary McCarthy | |
| Name: Mary McCarthy | ||
| Title: Vice President | ||
| LOOMIS SAYLES ABSOLUTE STRATEGIES FUND, As Lender By: Loomis, Sayles & Company, L.P., Its Investment Manager By: Loomis, Sayles & Company, Incorporated, Its General Partner | ||
| By: | /s/ Mary McCarthy | |
| Name: Mary McCarthy | ||
| Title: Vice President | ||
| NATIXIS LOOMIS SAYLES SENIOR LOAN FUND, As Lender By: Loomis, Sayles & Company, L.P., Its Investment Manager By: Loomis, Sayles & Company, Incorporated, Its General Partner | ||
| By: | /s/ Mary McCarthy | |
| Name: Mary McCarthy | ||
| Title: Vice President | ||
| PRINCIPAL FUNDS, INC - GLOBAL MULTI STRATEGY FUND, As Lender By: Loomis, Sayles & Company, L.P., Its Sub-Advisor By: Loomis, Sayles & Company, Incorporated, Its General Partner | ||
| By: | /s/ Mary McCarthy | |
| Name: Mary McCarthy | ||
| Title: Vice President | ||
| LATITUDE CLO II, LTD, as a Lender | ||
| By: | /s/ Kirk Wallace | |
| Name: Kirk Wallace | ||
| Title: Senior Vice President | ||
| LATITUDE CLO III, LTD, as a Lender | ||
| By: | /s/ Kirk Wallace | |
| Name: Kirk Wallace | ||
| Title: Senior Vice President | ||
| Four Corners CLO III, LTD, as a Lender | ||
| By: | /s/ Adam Brown | |
| Name: Adam Brown | ||
| Title: Vice President | ||
| Macquarie Income Opportunities Fund, as a Lender | ||
| By: | /s/ Adam Brown | |
| Name: Adam Brown | ||
| Title: Vice President | ||
| Macquarie Master Diversified Fixed Interest Fund, as a Lender | ||
| By: | /s/ Adam Brown | |
| Name: Adam Brown | ||
| Title: Vice President | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| GANNETT PEAK CLO I, LTD., as a Lender By: THL Credit Senior Loan Strategies LLC, as Manager | ||
| By: | /s/ Kathleen A. Zarn | |
| Name: Kathleen A. Zarn Title: Vice President | ||
| ILLINOIS STATE BOARD OF INVESTMENT, as a Lender By: THL Credit Senior Loan Strategies LLC, as Investment Manager | ||
| By: | /s/ Kathleen A. Zarn | |
| Name: Kathleen A. Zarn Title: Vice President | ||
| THL Credit Bank Loan Select Master Fund, a Class of The THL Credit Bank Loan Select Series Trust I, as a Lender By: THL Credit Senior Loan Strategies LLC, as Investment Manager | ||
| By: | /s/ Kathleen A. Zarn | |
| Name: Kathleen A. Zarn Title: Vice President | ||
| MCDONNELL LOAN OPPORTUNITY LTD., as a Lender By: THL Credit Senior Loan Strategies LLC, as Investment Manager | ||
| By: | /s/ Kathleen A. Zarn | |
| Name: Kathleen A. Zarn | ||
| Title: Vice President | ||
| General American Life Insurance Company, as a Lender | ||
| By: | /s/ Matthew J. McInerny | |
| Name: Matthew J. McInerny Title: Managing Director | ||
| The Metropolitan Life Insurance Company, as a Lender | ||
| By: | /s/ Matthew J. McInerny | |
| Name: Matthew J. McInerny Title: Managing Director | ||
| JERSEY STREET CLO, LTD., By its Collateral Manager, Massachusetts Financial Services Company, as a Lender | ||
| By: | /s/ | |
| As authorized representative and not individually | ||
| Venture IX CDO, Limited, as a Lender By: its investment advisor, MJX Asset Management LLC | ||
| By: | /s/ John P. Calaba | |
| Name: John P. Calaba Title: Managing Director | ||
| Venture V CDO, Limited, as a Lender By: its investment advisor, MJX Asset Management, LLC | ||
| By: | /s/ John P. Calaba | |
| Name: John P. Calaba Title: Managing Director | ||
| Venture VI CDO, Limited, as a Lender By: its investment advisor, MJX Asset Management, LLC | ||
| By: | /s/ John P. Calaba | |
| Name: John P. Calaba Title: Managing Director | ||
| Venture VII CDO, Limited, as a Lender By: its investment advisor, MJX Asset Management, LLC | ||
| By: | /s/ John P. Calaba | |
| Name: John P. Calaba Title: Managing Director | ||
| Venture VII CDO, Limited, as a Lender By: its investment advisor, MJX Asset Management, LLC | ||
| By: | /s/ John P. Calaba | |
| Name: John P. Calaba Title: Managing Director | ||
| Venture X CLO, Limited, as a Lender By: its investment advisor, MJX Asset Management, LLC | ||
| By: | /s/ John P. Calaba | |
| Name: John P. Calaba Title: Managing Director | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| AAA Life Insurance Company, as a Lender By: Neuberger Berman Fixed Income LLC as collateral manager | ||
| By: | /s/ Colin Donlan | |
| Name: Colin Donlan Title: Authorized Signatory | ||
| LightPoint CLO V, Ltd., as a Lender By: Neuberger Berman Fixed Income LLC as collateral manager | ||
| By: | /s/ Colin Donlan | |
| Name: Colin Donlan Title: Authorized Signatory | ||
| LightPoint CLO VII, Ltd., as a Lender By: Neuberger Berman Fixed Income LLC as collateral manager | ||
| By: | /s/ Colin Donlan | |
| Name: Colin Donlan Title: Authorized Signatory | ||
| LightPoint CLO VIII, Ltd., as a Lender By: Neuberger Berman Fixed Income LLC as collateral manager | ||
| By: | /s/ Colin Donlan | |
| Name: Colin Donlan Title: Authorized Signatory | ||
| Neuberger Berman Strategic Income Fund., as a Lender By: Neuberger Berman Fixed Income LLC as collateral manager | ||
| By: | /s/ Colin Donlan | |
| Name: Colin Donlan Title: Authorized Signatory | ||
| Neuberger Berman High Yield Bond Fund., as a Lender By: Neuberger Berman Fixed Income LLC as collateral manager | ||
| By: | /s/ Colin Donlan | |
| Name: Colin Donlan Title: Authorized Signatory | ||
| Pacific Beacon Life Reassurance Inc., as a Lender By: Neuberger Berman Fixed Income LLC as collateral manager | ||
| By: | /s/ Colin Donlan | |
| Name: Colin Donlan Title: Authorized Signatory | ||
| Virtus Senior Floating Rate Fund, as a Lender | ||
| By: | /s/ Kyle Jennings | |
| Name: Kyle Jennings Title: Managing Director | ||
| Automobile Club of Southern California Life Insurance Company., as a Lender By: Neuberger Berman Fixed Income LLC as collateral manager | ||
| By: | /s/ Colin Donlan | |
| Name: Colin Donlan Title: Authorized Signatory | ||
| Future Fund Board of Guardians, as a Lender By: Oak Hill Advisors, L.P., as its Investment Manager | ||
| By: | /s/ Glenn R. August | |
| Name: Glenn R. August Title: Authorized Signatory | ||
| Oak Hill Credit Partners V, Limited, as a Lender By: Oak Hill Advisors, L.P., as Portfolio Manager | ||
| By: | /s/ Glenn R. August | |
| Name: Glenn R. August Title: Authorized Signatory | ||
| OHA CREDIT PARTNERS VI, LTD., as a Lender By: Oak Hill Advisors, L.P. as its portfolio manager | ||
| By: | /s/ Glenn R. August | |
| Name: Glenn R. August | ||
| Title: Authorized Signatory | ||
| OHA Finlandia Credit Fund, as a Lender | ||
| By: | /s/ Glenn R. August | |
| Name: Glenn R. August Title: Authorized Signatory | ||
| OHA Intrepid Leveraged Loan Fund, Ltd., as a Lender By: Oak Hill Advisors, L.P., as its Portfolio Manager | ||
| By: | /s/ Glenn R. August | |
| Name: Glenn R. August Title: Authorized Signatory | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| OHA Park Avenue CLO I, Ltd., as a Lender | ||
| By: Oak Hill Advisors, L.P., as Investment Manager | ||
| By: | /s/ Glenn R. August | |
| Name: Glenn R. August | ||
| Title: Authorized Signatory | ||
| Oregon Public Employees Retirement Fund, as a Lender | ||
| By: Oak Hill Advisors, L.P., as its Investment Manager | ||
| By: | /s/ Glenn R. August | |
| Name: Glenn R. August | ||
| Title: Authorized Signatory | ||
| ACE Tempest Reinsurance Ltd., as a Lender | ||
| By: Oaktree Capital Management, L.P. Its: Investment Manager | ||
| By: | /s/ Atif Chaudhry | |
| Name: Atif Chaudhry | ||
| Title: Vice President | ||
| By: | /s/ Desmund Shirazi | |
| Name: Desmund Shirazi | ||
| Title: Managing Director | ||
| Arch Investment Holdings IV Ltd., as a Lender | ||
| By: Oaktree Capital Management, L.P. Its: Investment Manager | ||
| By: | /s/ Atif Chaudhry | |
| Name: Atif Chaudhry | ||
| Title: Vice President | ||
| By: | /s/ Desmund Shirazi | |
| Name: Desmund Shirazi | ||
| Title: Managing Director | ||
| Oaktree Senior Loan Fund, L.P. as a Lender | ||
| 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/ Atif Chaudhry | |
| Name: Atif Chaudhry | ||
| Title: Vice President | ||
| By: | /s/ Desmund Shirazi | |
| Name: Desmund Shirazi | ||
| Title: Managing Director | ||
| The Public Education Employees Retirement System of Missouri, as a Lender | ||
| By: Oaktree Capital Management, L.P. Its: Investment Manager | ||
| By: | /s/ Atif Chaudhry | |
| Name: Atif Chaudhry | ||
| Title: Vice President | ||
| By: | /s/ Desmund Shirazi | |
| Name: Desmund Shirazi | ||
| Title: Managing Director | ||
| The Public School Retirement System of Missouri, as a Lender | ||
| By: Oaktree Capital Management, L.P. Its: Investment Manager | ||
| By: | /s/ Atif Chaudhry | |
| Name: Atif Chaudhry | ||
| Title: Vice President | ||
| By: | /s/ Desmund Shirazi | |
| Name: Desmund Shirazi | ||
| Title: Managing Director | ||
| OCTAGON INVESTMENT PARTNERS IX, LTD. | ||
| By: Octagon Credit Investors, LLC as Manager | ||
| OCTAGON INVESTMENT PARTNERS X, LTD. | ||
| By: Octagon Credit Investors, LLC as Collateral Manager | ||
| OCTAGON INVESTMENT PARTNERS XI, LTD. | ||
| By: Octagon Credit Investors, LLC as Collateral Manager | ||
| OCTAGON INVESTMENT PARTNERS XII, LTD. | ||
| By: Octagon Credit Investors, LLC as Collateral Manager | ||
| HAMLET II, LTD. | ||
| By: Octagon Credit Investors, LLC as Portfolio Manager | ||
| US Bank N.A., solely as trustee of the DOLL Trust (for Qualified Institutional Investors only), (and not in its individual capacity) | ||
| By: Octagon Credit Investors, LLC as Portfolio Manager | ||
| Octagon Delaware Trust 2011 | ||
| By: Octagon Credit Investors, LLC as Portfolio Manager | ||
| Octagon Emigrant Senior Secured Loan Trust | ||
| By: Octagon Credit Investors, LLC as Portfolio Manager | ||
| Octagon Paul Credit Fund Series I, Ltd. | ||
| By: Octagon Credit Investors, LLC as Portfolio Manager | ||
| Octagon Senior Secured Credit Master Fund Ltd. | ||
| By: Octagon Credit Investors, LLC as Investment Manager, as a Lender | ||
| By: | /s/ Michael B. Nechamkin | |
| Name: Michael B. Nechamkin | ||
| Title: Senior Portfolio Manager | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| OCP CLO 2012-1, LTD | ||
| By: Onex Credit Partners, LLC, as Portfolio Manager as a Lender | ||
| By: | /s/ Paul Travers | |
| Name: Paul Travers Title: Portfolio Manager | ||
| HarbourView CLO 2006-1, as a Lender | ||
| By: | /s/ Jason Reuter | |
| Name: Jason Reuter | ||
| Title: AVP | ||
| Brown Brothers Harriman & Co. acting as agent for OppenheimerFunds, Inc. | ||
| Oppenheimer Master Loan Fund, LLC, as a Lender | ||
| By: | /s/ Jason Reuter | |
| Name: Jason Reuter | ||
| Title: AVP | ||
| Brown Brothers Harriman & Co. acting as agent for OppenheimerFunds, Inc. | ||
| Oppenheimer Senior Floating Rate Fund, as a Lender | ||
| By: | /s/ Jason Reuter | |
| Name: Jason Reuter | ||
| Title: AVP | ||
| Brown Brothers Harriman & Co. acting as agent for OppenheimerFunds, Inc. | ||
| Intel Corporation SERPLUS Plan by Goldman Sachs Asset Managerment, L.P. solely as its investment advisor and not as principal, as a Lender | ||
| By: | /s/ Kadi Huang | |
| Name: Kadi Huang | ||
| Title: VP | ||
| TRALEE CDO I LTD, as a Lender | ||
| By: Par-Four Investment Management, LLC As Collateral Manager | ||
| By: | /s/ Joseph Matteo | |
| Name: Joseph Matteo | ||
| Title: Authorized Signatory | ||
| Arch Investment Holdings III Ltd., as a Lender | ||
| By: PineBridge Investments LLC As Collateral Manager | ||
| By: | /s/ Thomas Brandt | |
| Name: Thomas Brandt Title: Managing Director | ||
| Fire and Police Pension Fund, San Antonio, as a Lender | ||
| By: PineBridge Investments LLC Its Investment Manager | ||
| By: | /s/ Thomas Brandt | |
| Name: Thomas Brandt | ||
| Title: Managing Director | ||
| Galaxy XI CLO, Ltd., as a Lender | ||
| By: PineBridge Investments LLC As Collateral Manager | ||
| By: | /s/ Thomas Brandt | |
| Name: Thomas Brandt | ||
| Title: Managing Director | ||
| Galaxy XII CLO, Ltd., as a Lender | ||
| By: PineBridge Investments LLC As Collateral Manager | ||
| By: | /s/ Thomas Brandt | |
| Name: Thomas Brandt | ||
| Title: Managing Director | ||
| PineBridge Bank Loan Fund Ltd., as a Lender | ||
| By: PineBridge Investments LLC Its Investment Manager | ||
| By: | /s/ Thomas Brandt | |
| Name: Thomas Brandt | ||
| Title: Managing Director | ||
| Saturn CLO, Ltd., as a Lender | ||
| By: PineBridge Investments LLC Its Collateral Manager | ||
| By: | /s/ Thomas Brandt | |
| Name: Thomas Brandt | ||
| Title: Managing Director | ||
| JNL/PPM America Floating Rate Income Fund, a series of the JNL Series Trust, as a Lender | ||
| By: | /s/ David C. Wagner | |
| PPM America, Inc., as sub-adviser | ||
| Name: David C. Wagner | ||
| Title: Managing Director | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| PPM GRAYHAWK CLO, LTD., as a Lender | ||
| By: | /s/ David C. Wagner | |
| PPM America, Inc., as Collateral Manager | ||
| Name: David C. Wagner Title: Managing Director | ||
| Pramerica Loan Opportunities Limited By: Pramerica Investment Management, a trading name of Prudential Investment Management, Inc., as Investment Manager | ||
| By: | /s/ [illegible] | |
| Name: Title: Vice President | ||
| Advanced Series Trust – AST Prudential Core Bond Portfolio By: Prudential Investment Management, Inc., as investment advisor | ||
| By: | /s/ [illegible] | |
| Name: Title: Vice President | ||
| Dryden XI – Leveraged Loan CDO 2006 By: Prudential Investment Management, Inc., as Collateral Manager | ||
| By: | /s/ [illegible] | |
| Name: Title: Vice President | ||
| Dryden XVI – Leveraged Loan CDO 2006 By: Prudential Investment Management, Inc., as Collateral Manager | ||
| By: | /s/ [illegible] | |
| Name: Title: Vice President | ||
| Dryden XVIII Leveraged Loan 2007 Ltd. By: Prudential Investment Management, Inc., as Collateral Manager | ||
| By: | /s/ [illegible] | |
| Name: Title: Vice President | ||
| Dryden XXI Leveraged Loan CDO LLC By: Prudential Investment Management, Inc., as Collateral Manager | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| Dryden IX – Senior Loan Fund 2005 p.l.c. By: Prudential Investment Management, Inc., Collateral Manager | ||
| By: | /s/ [illegible] | |
| Name: Title: Vice President | ||
| Dryden XXII Senior Loan Fund By: Prudential Investment Management, Inc., as Collateral Manager | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| Gateway CLO Limited By: Prudential Investment Management, Inc., as Collateral Manager | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| ING Life Insurance and Annuity Company By: Prudential Investment Management, Inc. as Investment Advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| Kayne Anderson Infrastructure Income Fund, L.P., as a Lender By: Kayne Anderson Capital Advisors L.P., its General Partner | ||
| By: | /s/ Paul Stapleton | |
| Name: Paul Stapleton | ||
| Title: Chief Financial Officer | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| North Dakota State Investment Board By: Prudential Investment Management, Inc. As Investment Advisor | ||
| By: | //s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| Pension Benefit Guaranty Corporation By: Prudential Investment Management, Inc. as investment advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| Prudential Bank Loan Fund of the Prudential Trust Company Collective Trust By: Prudential Investment Management, Inc. As Investment Advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| Prudential High Yield Fund of the Prudential Trust Company Collective Trust By: Prudential Investment Management, Inc. as investment advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| Prudential High Yield Fund Inc. By: Prudential Investment Management, Inc. as investment advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| Prudential Investment Portfolios, Inc. 14 – Prudential Floating Rate Income Fund By: Prudential Investment Management, Inc. as Investment Advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| Prudential Total Return Bond Fund, Inc. By: Prudential Investment Management, Inc. as investment advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| Specialized Investment Management SICAV – SIF Corporate Loan Master Fund By: Zaisgroup International LLP, as Investment Advisor By: Pramerica Investment Management Limited, as Portfolio Advisor By: Pramerica Investment Management (a trading name of Prudential Investment Management, Inc.) as Sub-Advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| The Prudential Series Fund – Conservative Balanced Portfolio By: Prudential Investment Management, Inc. As Investment Advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| The Prudential Series Fund – Flexible Managed Portfolio By: Prudential Investment Management, Inc. As Investment Advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| The Prudential Series Fund – High Yield Bond Portfolio | ||
| By: Prudential Investment Management, Inc. as investment advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| Virginia College Savings Plan | ||
| By: Prudential Investment Management, Inc. as Investment Advisor | ||
| By: | /s/ [illegible] | |
| Name: | ||
| Title: Vice President | ||
| PUTNAM FLOATING RATE INCOME FUND | ||
| By: | /s/ Beth Mazor | |
| Name: Beth Mazor | ||
| Title: V.P. | ||
| PUTNAM ABSOLUTE RETURN 300 FUND | ||
| By Putnam Investment Management, LLC | ||
| By: | /s/ Kevin Parnell | |
| Name: Kevin Parnell | ||
| Title: Manager | ||
| PUTNAM FUNDS TRUST, on behalf of its series, PUTNAM ABSOLUTE RETURN 500 FUND by Putnam Investment Management, LLC | ||
| By: | /s/ Suzanne Deshaies | |
| Name: Suzanne Deshaies | ||
| Title: VP | ||
| RAYMOND JAMES BANK, N.A., as a Lender | ||
| By: | /s/ Scott G. Axelrod | |
| Name: Scott G. Axelrod | ||
| Title: Vice President | ||
| Chatham Light II CLO, Limited, as a Lender | ||
| By: Sankaty Advisors, LLC as Collateral Manager | ||
| By: | /s/ Andrew S. Viens | |
| Name: Andrew S. Viens | ||
| Title: Sr. Vice President of Operations | ||
| Community Insurance Company, as a Lender | ||
| By: Sankaty Advisors, LLC as Investment Manager | ||
| By: | /s/ Andrew S. Viens | |
| Name: Andrew S. Viens | ||
| Title: Sr. Vice President of Operations | ||
| Qantas Superannuation Plan, as a Lender | ||
| By: Sankaty Advisors, LLC as Investment Manager | ||
| By: | /s/ Andrew S. Viens | |
| Name: Andrew S. Viens | ||
| Title: Sr. Vice President of Operations | ||
| Race Point VI CLO, Ltd., as a Lender | ||
| By: Sankaty Advisors, LLC as Asset Manager | ||
| By: | /s/ Andrew S. Viens | |
| Name: Andrew S. Viens | ||
| Title: Sr. Vice President of Operations | ||
| Race Point V CLO, Limited, as a Lender | ||
| By: Sankaty Advisors, LLC Its Asset Manager | ||
| By: | /s/ Andrew S. Viens | |
| Name: Andrew S. Viens | ||
| Title: Sr. Vice President of Operations | ||
| Sankaty High Income Partnership, L.P, as a Lender | ||
| By: Sankaty Advisors, LLC as Investment Advisor | ||
| By: | /s/ Andrew S. Viens | |
| Name: Andrew S. Viens | ||
| Title: Sr. Vice President of Operations | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| WellPoint, Inc., as a Lender | ||
| By: Sankaty Advisors, LLC as Investment Adviser | ||
| By: | /s/ Andrew S. Viens | |
| Name: Andrew S. Viens | ||
| Title: Sr. Vice President of Operations | ||
| Each of the persons listed on Annex A, Severally but not jointly, as a Lender | ||
| By: Wellington Management Company, LLP, as its Investment Adviser | ||
| By: | /s/ Donald M. Caiazza | |
| Name: Donald M. Caiazza | ||
| Title: Vice President and Counsel | ||
| ANNEX A | ||
| Global Indemnity (Cayman) Limited | ||
| Safety Insurance Company | ||
| Stellar Performer Global Series W – Global Credit | ||
| SunAmerica Senior Floating Rate Fund, Inc. | ||
| The Hartford Floating Rate Fund | ||
| The Hartford Floating Rate High Income Fund | ||
| The Hartford Inflation Plus Fund | ||
| The Hartford Short Duration Fund | ||
| The Hartford Strategic Income Fund | ||
| The Hartford Unconstrained Bond Fund | ||
| The Hartford World Bond Fund | ||
| U.A.I. (Luxembourg) Investment S.a.r.l. | ||
| UMC Benefit Board, Inc. | ||
| SANDELMAN FINANCE 2006-2, LTD. | ||
| By: Mercer Park, LP | ||
| As Collateral Manager as a Lender | ||
| By: | /s/ Andrew C. Curtis | |
| Name: Andrew C. Curtis | ||
| Title: PM | ||
| 1199 SEIU Health Care Employees Pension Fund | ||
| By: Seix Investment Advisors LLC, as Investment Manager | ||
| Anthem Health Plans, Inc. | ||
| By: Seix Investment Advisors LLC, as Investment Manager | ||
| Baker Street Funding CLO 2005-1 Ltd. | ||
| By: Seix Investment Advisors LLC, as Collateral Manager | ||
| Baker Street CLO II Ltd. | ||
| By: Seix Investment Advisors LLC, as Collateral Manager | ||
| Baptist Health South Florida, Inc. | ||
| By: Seix Investment Advisors LLC, as Advisor | ||
| Berea College | ||
| By: Seix Investment Advisors LLC, as Investment Manager | ||
| Blue Cross of Idaho Health Service, Inc. | ||
| By: Seix Investment Advisors LLC, as Investment Manager | ||
| HC Capital Trust—The Fixed Income Opportunity Portfolio | ||
| By: Seix Investment Advisors LLC, as Portfolio Manager | ||
| Mountain View Funding CLO 2006-I, Ltd. | ||
| By: Seix Investment Advisors LLC, as Collateral Manager | ||
| Mountain View CLO II Ltd. | ||
| By: Seix Investment Advisors LLC, as Collateral Manager | ||
| Mountain View CLO III Ltd. | ||
| By: Seix Investment Advisors LLC, as Collateral Manager | ||
| RidgeWorth Funds—High Income Fund | ||
| By: Seix Investment Advisors LLC, as Subadviser | ||
| RidgeWorth Funds—Seix Floating Rate High Income Fund | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| By: Seix Investment Advisors LLC, as Subadviser
RidgeWorth Funds—Seix High Yield Fund By: Seix Investment Advisors LLC, as Subadviser RidgeWorth Funds – Total Return Bond Fund By: Seix Investment Advisors LLC, as Subadviser Rochdale Fixed Income Opportunities Portfolio By: Seix Investment Advisors LLC, as Subadviser Seix Credit Opportunities Fund Financing 1, Ltd. By: Seix Investment Advisors LLC, as Investment Manager Seix Multi-Sector Absolute Return Fund L.P. By: Seix Multi-Sector Absolute Return Fund GP LLC, in its capacity as sole general partner By: Seix Investment Advisors LLC, its sole member University of Rochester By: Seix Investment Advisors LLC, as Adviser as Lenders | ||
| By: | /s/ George Goudelias | |
| Name: George Goudelias Title: Managing Director | ||
| Credos Floating Rate Fund, L.P. By: Shenkman Capital Management, Inc., as Investment Manager | ||
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein Title: Chief Operating Officer | ||
| Four Points Multi-Strategy Master Fund Inc. (LOAN ACCOUNT) By: Shenkman Capital Management, Inc., as Investment Manager | ||
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein Title: Chief Operating Officer | ||
| Highmark Inc. (Shenkman – BANK LOAN ACCOUNT) By: Shenkman Capital Management, Inc., as Investment Manager | ||
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein Title: Chief Operating Officer | ||
| Kentucky Retirement Systems (Shenkman – Insurance Fund Account) By: Shenkman Capital Management, Inc., as Investment Manager | ||
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein Title: Chief Operating Officer | ||
| Kentucky Retirement Systems (Shenkman- PENSION Account) By: Shenkman Capital Management, Inc., as Investment Manager | ||
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein Title: Chief Operating Officer | ||
| Slater Mill Loan Fund, LP By: Shenkman Capital Management, Inc., as Collateral Manager | ||
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein Title: Chief Operating Officer | ||
| Westbrook CLO, Ltd. By: Shenkman Capital Management, Inc., as Investment Manager | ||
| By: | /s/ Richard H. Weinstein | |
| Name: Richard H. Weinstein Title: Chief Operating Officer | ||
| ECP CLO 2008-1 LTD, as a Lender By: Silvermine Capital Management LLC As Portfolio Manager | ||
| By: | /s/ Joshua Cringle | |
| Name: Joshua Cringle Title: Analyst | ||
| ECP CLO 2013-3 LTD, as a Lender By: Silvermine Capital Management | ||
| By: | /s/ Joshua Cringle | |
| Name: Joshua Cringle Title: Analyst | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| ECP CLO 2012-4 LTD, as a Lender By: Silvermine Capital Management | ||
| By: | /s/ Joshua Cringle | |
| Name: Joshua Cringle Title: Analyst | ||
| GREENS CREEK FUNDING LTD., as a Lender By: Silvermine Capital Management LLC As Investment Manager | ||
| By: | /s/ Joshua Cringle | |
| Name: Joshua Cringle Title: Analyst | ||
| O’Leary Floating Rate Portfolio, as a Lender | ||
| By: | /s/ Rick Brown | |
| Name: Rick Brown Title: Senior Portfolio Manager | ||
| Stifel Bank & Trust, as a Lender | ||
| By: | /s/ John H. Phillips | |
| Name: John H. Phillips Title: Executive Vice President | ||
| JHF II-Multi Sector Bond Fund, as a Lender | ||
| By: | /s/ Adam Shapiro | |
| Name: Adam Shapiro Title: General Counsel | ||
| Libra Global Limited, as a Lender | ||
| By: | /s/ Adam Shapiro | |
| Name: Adam Shapiro Title: General Counsel | ||
| Stone Harbor Global Funds PLC – Stone Harbor Leveraged Loan Portfolio, as a Lender | ||
| By: | /s/ Adam Shapiro | |
| Name: Adam Shapiro Title: General Counsel | ||
| TETON FUNDING, LLC, as a Lender By: SunTrust Bank, its Manager | ||
| By: | /s/ Douglas Weltz | |
| Name: Douglas Weltz Title: Director | ||
| Municipal Employees’ Annuity and Benefit Fund of Chicago (Symphony), as a Lender By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim Title: Co-Head of Credit Research | ||
| Nuveen Diversified Dividend & Income Fund, as a Lender By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim Title: Co-Head of Credit Research | ||
| Nuveen Floating Rate Income Fund, as a Lender By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim Title: Co-Head of Credit Research | ||
| Nuveen Floating Rate Income Opportunity Fund, as a Lender By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim Title: Co-Head of Credit Research | ||
| Nuveen Senior Income Fund, as a Lender By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim Title: Co-Head of Credit Research | ||
| Nuveen Tax Advantaged Total Return Strategy Fund, as a Lender By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim Title: Co-Head of Credit Research | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| Nuveen Credit Strategies Income Fund, as a Lender | ||
| By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim | ||
| Title: Co-Head of Credit Research | ||
| Nuveen Short Duration Credit Opportunities Fund, as a Lender | ||
| By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim | ||
| Title: Co-Head of Credit Research | ||
| Principal Funds Inc,—Diversified Real Asset Fund, as a Lender | ||
| By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim | ||
| Title: Co-Head of Credit Research | ||
| SSF Trust, as a Lender | ||
| By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim | ||
| Title: Co-Head of Credit Research | ||
| Symphony Credit Opportunities Fund LTD., as a Lender | ||
| By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim | ||
| Title: Co-Head of Credit Research | ||
| Symphony CLO IX, Limited Partnership, as a Lender | ||
| By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim | ||
| Title: Co-Head of Credit Research | ||
| Symphony Senior Loan Fund, L.P., as a Lender | ||
| By: Symphony Asset Management LLC | ||
| By: | /s/ James Kim | |
| Name: James Kim | ||
| Title: Co-Head of Credit Research | ||
| Each of the persons listed on Annex A, Severally but not jointly, as a Lender | ||
| By: Wellington Management Company, LLP, as its Investment Adviser | ||
| By: | /s/ Donald M. Caiazza | |
| Name: Donald M. Caiazza | ||
| Title: Vice President and Counsel | ||
| ANNEX A | ||
| Global Indemnity (Cayman) Limited Safety Insurance Company | ||
| Stellar Performer Global Series W – Global Credit | ||
| SunAmerica Senior Floating Rate Fund, Inc. | ||
| The Hartford Floating Rate Fund | ||
| The Hartford Floating Rate High Income Fund | ||
| The Hartford Inflation Plus Fund | ||
| The Hartford Short Duration Fund | ||
| The Hartford Strategic Income Fund | ||
| The Hartford Unconstrained Bond Fund | ||
| The Hartford World Bond Fund | ||
| U.A.I. (Luxembourg) Investment S.a.r.l. | ||
| UMC Benefit Board, Inc. | ||
| Wells Capital Management Inc. on behalf of Silverado CLO 2006 LTD, as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser | ||
| Title: Portfolio Manager | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
| Wells Capital Management Inc. on behalf of 16959701, as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser | ||
| Title: Portfolio Manager | ||
| Wells Capital Management Inc. on behalf of 13923601, as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser | ||
| Title: Portfolio Manager | ||
| Wells Capital Management Inc. on behalf of a/c 13702900, as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser | ||
| Title: Portfolio Manager | ||
| Wells Capital Management Inc. on behalf of a/c 22952000, as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser | ||
| Title: Portfolio Manager | ||
| Wells Capital Management Inc. on behalf of 83292500 (Wells Fargo Advantage High Yield), as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser | ||
| Title: Portfolio Manager | ||
| Wells Capital Management Inc. on behalf of 18325402, as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser | ||
| Title: Portfolio Manager | ||
| Wells Capital Management Inc. on behalf of 23928601, as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser | ||
| Title: Portfolio Manager | ||
| Wells Capital Management Inc. on behalf of 23960800, as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser | ||
| Title: Portfolio Manager | ||
| Wells Capital Management Inc. on behalf of a/c 16463700, as a Lender | ||
| By: | /s/ Phil Susser | |
| Name: Phil Susser | ||
| Title: Portfolio Manager | ||
| Wells Fargo Bank, National Association, as a Lender | ||
| By: | /s/ Jill Hamilton | |
| Name: Jill Hamilton | ||
| Title: Vice President | ||
| OCEAN TRAILS CLO I, as a Lender | ||
| By: West Gate Horizons Advisors LLC, as Investment Manager | ||
| By: | /s/ Bradley Bryan | |
| Name: Bradley Bryan | ||
| Title: Senior Credit Analyst | ||
| OCEAN TRAILS CLO II, as a Lender | ||
| By: West Gate Horizons Advisors LLC, as Investment Manager | ||
| By: | /s/ Bradley Bryan | |
| Name: Bradley Bryan | ||
| Title: Senior Credit Analyst | ||
| WG HORIZONS CLO I, as a Lender | ||
| By: West Gate Horizons Advisors LLC, as Investment Manager | ||
| By: | /s/ Bradley Bryan | |
| Name: Bradley Bryan | ||
| Title: Senior Credit Analyst | ||
| WhiteHorse IV Ltd | ||
| By: WhiteHorse Capital Partners, L.P. | ||
| Title: Investment Manager | ||
| By: WhiteRock Asset Advisor, LLC | ||
| Title: General Partner, | ||
| as a Lender | ||
| By: | /s/ Jarred Worley | |
| Name: Jarred Worley | ||
| Title: Manager | ||
| WhiteHorse III Ltd | ||
| By: WhiteHorse Capital Partners, L.P. | ||
| Title: Collateral Manager | ||
| By: WhiteRock Asset Advisor, LLC | ||
| Title: Collateral Manager, | ||
| as a Lender | ||
| By: | /s/ Jarred Worley | |
| Name: Jarred Worley | ||
| Title: Manager | ||
Signature Page to
Amendment No. 1 to Senior Secured Term Loan Agreement
