FIRST AMENDMENT TO CREDIT AGREEMENT
Exhibit 10.1
EXECUTION COPY
FIRST AMENDMENT TO CREDIT AGREEMENT
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of March 26, 2014, is by and among EPIQ SYSTEMS, INC., a Missouri corporation (the “Borrower”), the Guarantors signatories hereto, the Lenders signatories hereto, and KEYBANK NATIONAL ASSOCIATION, as Administrative Agent.
W I T N E S S E T H
WHEREAS, the Borrower, the Guarantors, the Lenders and the Administrative Agent entered into that certain Credit Agreement dated as of August 27, 2013 (the “Existing Credit Agreement”); and
WHEREAS, the Borrower has requested that certain provisions of the Existing Credit Agreement be amended; and
WHEREAS, the Lenders are willing to make such additional amendments to the Existing Credit Agreement upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the agreements hereinafter set forth, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:
PART 1.
DEFINITIONS
SUBPART 1.1 Certain Definitions. The following terms used in this Amendment, including its preamble and recitals, have the following meanings:
“Amended Credit Agreement” means the Existing Credit Agreement as amended hereby.
“First Amendment Effective Date” shall have the meaning assigned to such term in the introductory paragraph of Part 3 hereof.
SUBPART 1.2 Other Definitions. Unless otherwise defined herein or the context otherwise requires, terms used in this Amendment, including its preamble and recitals, have the meanings provided in the Amended Credit Agreement.
PART 2.
AMENDMENTS TO EXISTING CREDIT AGREEMENT
Effective on (and subject to the occurrence of) the First Amendment Effective Date, the Existing Credit Agreement is hereby amended in accordance with this Part 2. Except as so amended, the Existing Credit Agreement and all other Loan Documents shall continue in full force and effect.
SUBPART 2.1 Amendments to Section 1.01.
(a) Clause (a) of the definition of “Applicable Margin” set forth in Section 1.01 of the Existing Credit Agreement is hereby amended by in its entirety to read as follows:
(a) For the purposes of calculating the interest rate applicable to the Term Loan, 2.50% per annum for Base Rate Loans, and (B) 3.50% per annum for Eurodollar Loans; and
(b) The following new definitions are to be added to Section 1.01 of the Existing Credit Agreement in the appropriate alphabetical order:
“First Amendment” means that certain the First Amendment to Credit Agreement dated as of the First Amendment Effective Date, by and among the Borrower, the Guarantors, the Lenders party thereto, and the Administrative Agent.
“First Amendment Effective Date” means March 26, 2014.
SUBPART 2.2 Amendments to Section 2.09. Section 2.09(b) of the Existing Credit Agreement is each hereby amended to (a) change the reference to “1.00%” in such section to “0.75%” and (b) change the reference to “2.00%” in such section to “1.75%”.
SUBPART 2.3 Amendment to Section 2.13(e). Section 2.13(e) of the Existing Credit Agreement is hereby amended in its entirety to read as follows:
(e) Repricing Transactions. In connection with any Repricing Transaction that is consummated in respect of all or any portion of the Term Loans during the period from the First Amendment Effective Date to but excluding the date six months after the First Amendment Effective Date, the Borrower shall pay to the Term Lenders a fee equal to 1% of the aggregate principal amount of the Term Loans prepaid or repriced in connection with such Repricing Transaction. Notwithstanding the foregoing, it is understood and agreed that the fee described in this Section 2.13(e) shall not be applicable to any such transaction that results in or involves a Change of Control of the Borrower.
PART 3.
CONDITIONS TO EFFECTIVENESS
This Amendment shall become effective as of the date hereof (the “First Amendment Effective Date”) upon receipt by the Administrative Agent of counterparts of this Amendment, which collectively shall have been duly executed on behalf of each Credit Party, the Administrative Agent, the Required Lenders and each Term Lender, and thereafter this Amendment shall be known, and may be referred to, as the “First Amendment”:
SUBPART 3.1 Counterparts of Amendment. The Administrative Agent shall have received counterparts of this Amendment, which collectively shall have been duly executed on behalf of each Credit Party, the Required Lenders, each Term Lender and the Administrative Agent.
SUBPART 3.2 Other Fees and Out of Pocket Costs. The Borrower shall have paid the reasonable and documented out-of-pocket costs (to the extent invoiced) incurred by the Administrative Agent (including the reasonable and documented fees and expenses of the Administrative Agent’s legal counsel).
PART 4.
MISCELLANEOUS
SUBPART 4.1 Representations and Warranties. The Credit Parties hereby represent and warrant to the Administrative Agent and the Lenders that (a) after giving effect to this Amendment, (i) no Default or Event of Default exists under the Amended Credit Agreement or any of the other Loan Documents and (ii) the representations and warranties set forth in Article VI of the Existing Credit Agreement or in the other Loan Documents are true and correct in all material respects (except that if any such representation
2
or warranty contains any materiality qualifier, such representation or warranty shall be true and correct in all respects) on and as of the date hereof, except to the extent that such representations and warranties expressly relate to an earlier specified date, in which case such representations and warranties shall have been true and correct in all material respects (except that if any such representation or warranty contains any materiality qualifier, such representation or warranty shall be true and correct in all respects) as of the date when made (except that for purposes of this Subpart 4.1, the representations and warranties contained in Section 6.05(a) and (b) of the Existing Credit Agreement, shall be deemed to refer to the most recent statements furnished pursuant to Sections 7.01(a) and (b) of the Existing Credit Agreement, respectively).
SUBPART 4.2 Reaffirmation of Credit Party Obligations. Each Credit Party hereby ratifies the Amended Credit Agreement and acknowledges and reaffirms (i) that it is bound by all terms of the Amended Credit Agreement and (ii) that it is responsible for the observance and full performance of the Obligations. Without limiting the generality of the proceeding sentence, (i) each of the Guarantors restates that it jointly and severally guarantees the prompt payment when due of all Obligations, in accordance with, and pursuant to the terms of, Article IV of the Amended Credit Agreement and (ii) each of the Credit Parties agrees that all references in the Security Agreement and the other Collateral Documents to the term “Secured Obligations” shall be deemed to include all of the obligations of the Credit Parties to the Lenders and the Administrative Agent, whenever arising, under the Amended Credit Agreement, the Collateral Documents or any of the other Loan Documents (including, but not limited to, any interest, expenses and cost and charges that accrue after the commencement by or against any Credit Party or any Affiliate thereof or any proceedings under any Debtor Relief Laws naming such Person as the debtor in such proceeding).
SUBPART 4.3 Cross-References. References in this Amendment to any Part or Subpart are, unless otherwise specified, to such Part or Subpart of this Amendment.
SUBPART 4.4 Instrument Pursuant to Existing Credit Agreement. This Amendment is a Loan Document executed pursuant to the Existing Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with the terms and provisions of the Existing Credit Agreement.
SUBPART 4.5 References in Other Loan Documents. At such time as this Amendment shall become effective pursuant to the terms of Part 3, all references in the Amended Credit Agreement to the “Agreement” or in any other Loan Document to the “Credit Agreement” shall be deemed to refer to the Credit Agreement as amended by this Amendment.
SUBPART 4.6 Counterparts. This Amendment may be executed by the parties hereto in several counterparts, each of which shall be deemed to be an original and all of which shall constitute together but one and the same agreement. Delivery of an executed counterpart of this Amendment by telecopy or other electronic means (including email .pdf) shall be effective as an original and shall constitute a representation that an executed original shall be delivered.
SUBPART 4.7 Governing Law. THIS AMENDMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND BE GOVERNED BY THE LAW OF THE STATE OF NEW YORK WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES (OTHER THAN SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW).
SUBPART 4.8 Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
3
SUBPART 4.9 Consent to Jurisdiction; Service of Process; Waiver of Jury Trial. The jurisdiction, service of process and waiver of jury trial provisions set forth in Section 11.08 of the Amended Credit Agreement are hereby incorporated by reference, mutatis mutandis.
[remainder of page intentionally left blank]
4
Each of the parties hereto has caused a counterpart of this Amendment to be duly executed and delivered as of the date first above written.
| BORROWER: | EPIQ SYSTEMS, INC., | |
|
| as the Borrower | |
|
|
|
|
|
| By: | /s/ Paul F. Liljegren |
|
| Name: | Paul F. Liljegren |
|
| Title: | Senior Vice President Finance |
|
|
| |
|
|
| |
| GUARANTORS: | EPIQ SYSTEMS ACQUISITION, INC., | |
|
| as a Guarantor | |
|
|
| |
|
|
|
|
|
| By: | /s/ Paul F. Liljegren |
|
| Name: | Paul F. Liljegren |
|
| Title: | Senior Vice President Finance |
|
|
| |
|
|
| |
|
| EPIQ CLASS ACTION & CLAIMS SOLUTIONS, INC., | |
|
| as a Guarantor | |
|
|
| |
|
|
|
|
|
| By: | /s/ Paul F. Liljegren |
|
| Name: | Paul F. Liljegren |
|
| Title: | Senior Vice President Finance |
|
|
| |
|
|
| |
|
| EPIQ BANKRUPTCY SOLUTIONS, LLC, | |
|
| as a Guarantor | |
|
|
| |
|
|
|
|
|
| By: | /s/ Paul F. Liljegren |
|
| Name: | Paul F. Liljegren |
|
| Title: | Senior Vice President Finance |
|
|
| |
|
|
| |
|
| HILSOFT, INC., | |
|
| as a Guarantor | |
|
|
| |
|
|
|
|
|
| By: | /s/ Paul F. Liljegren |
|
| Name: | Paul F. Liljegren |
|
| Title: | Senior Vice President Finance |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
|
| EPIQ EDISCOVERY SOLUTIONS, INC., | |
|
| as a Guarantor | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Paul F. Liljegren |
|
| Name: | Paul F. Liljegren |
|
| Title: | Senior Vice President Finance |
|
|
| |
|
|
| |
|
| ENCORE LEGAL SOLUTIONS, INC., | |
|
| as a Guarantor | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Paul F. Liljegren |
|
| Name: | Paul F. Liljegren |
|
| Title: | Senior Vice President Finance |
|
|
| |
|
|
| |
|
| DE NOVO LEGAL, LLC, | |
|
| as a Guarantor | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Paul F. Liljegren |
|
| Name: | Paul F. Liljegren |
|
| Title: | Senior Vice President Finance |
|
|
| |
|
|
| |
|
| EPIQ SYSTEMS HOLDINGS, LLC, | |
|
| as a Guarantor | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Paul F. Liljegren |
|
| Name: | Paul F. Liljegren |
|
| Title: | Senior Vice President Finance |
|
|
| |
|
|
| |
|
| EPIQ TECHNOLOGY, LLC, | |
|
| as a Guarantor | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Paul F. Liljegren |
|
| Name: | Paul F. Liljegren |
|
| Title: | Senior Vice President Finance |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| ADMINISTRATIVE AGENT: | KEYBANK NATIONAL ASSOCIATION, | |
|
| as Administrative Agent, a Lender, | |
|
| Swing Line Lender and LC Issuer | |
|
|
|
|
|
| By: | /s/ David A. Wild |
|
| Name: | David A. Wild |
|
| Title: | Senior Vice President |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | AMMC CLO IX, LIMITED, | |||
|
| as a Lender | |||
|
|
|
| ||
|
| By: | American Money Management Corp., as Collateral Manager | ||
|
|
|
| ||
|
| By: | /s/ David P. Meyer | ||
|
| Name: | David P. Meyer | ||
|
| Title: | Senior Vice President | ||
| LENDER: | 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 | |
| LENDER: | AMMC CLO XI, 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 | |
| LENDER: | AMMC CLO XII, 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 | |
| LENDER: | AMMC CLO XIII, LIMITED, | ||
|
| as a Lender | ||
|
|
| ||
|
| By: | American Money Management Corp., as Collateral Manager | |
|
|
|
| |
|
| By: | /s/ David P. Meyer | |
|
| Name: | David P. Meyer | |
|
| Title: | Senior Vice President | |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | RAYMOND JAMES BANK, N.A., | ||
|
| as a Lender | ||
|
|
| ||
|
| By: | /s/ Kathy Bennett | |
|
| Name: | Kathy Bennett | |
|
| Title: | Senior Vice President | |
|
|
| ||
| LENDER: | General Electric Capital Corporation, | ||
|
| as a Lender | ||
|
|
| ||
|
| By: | /s/ James N. Urbates | |
|
| Name: | James N. Urbates | |
|
| Title: | Duly Authorized Signatory | |
|
|
| ||
| LENDER: | WhiteHorse VI, Ltd. | ||
|
|
| ||
|
| By: | H.I.G. WhiteHOrse Capital, LLC | |
|
| As: | Collateral Manager, | |
|
| as a Lender | ||
|
|
|
| |
|
| By: | /s/ Jarred Worley | |
|
| Name: | Jarred Worley | |
|
| Title: | Authorized Officer | |
|
|
| ||
| LENDER: | Ascension Alpha Fund, LLC, | ||
|
| as a Lender | ||
|
|
|
| |
|
| By: | Pioneer Institutional Asset Management, Inc. | |
|
| As its adviser | ||
|
|
| ||
|
| By: | /s/ Maggie Begley | |
|
| Name: | Maggie Begley | |
|
| Title: | Vice President and Associate General Counsel | |
|
|
| ||
| LENDER: | Stichting Pensioenfonds Medische Specialisten, | ||
|
| as a Lender | ||
|
|
|
| |
|
| By: | Pioneer Institutional Asset Management, Inc. | |
|
| As its adviser | ||
|
|
|
| |
|
| By: | /s/ Maggie Begley | |
|
| Name: | Maggie Begley | |
|
| Title: | Vice President and Associate General Counsel | |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | Stichting Pensioenfonds voor Huisartsen, | ||
|
| as a Lender | ||
|
|
|
| |
|
| By: | Pioneer Institutional Asset Management, Inc. | |
|
| As its adviser | ||
|
|
|
| |
|
| By: | /s/ Maggie Begley | |
|
| Name: | Maggie Begley | |
|
| Title: | Vice President and Associate General Counsel | |
| LENDER: | Met Investors Series Trust - Pioneer Strategic Income Portfolio, | ||
|
| as a Lender | ||
|
|
|
| |
|
| By: | Pioneer Investment Management, Inc. | |
|
| As its adviser | ||
|
|
|
| |
|
|
|
| |
|
| By: | /s/ Maggie Begley | |
|
| Name: | Maggie Begley | |
|
| Title: | Vice President and Associate General Counsel | |
| LENDER: | Multi Sector Value Bond Fund, | ||
|
| as a Lender | ||
|
|
|
| |
|
| By: | Pioneer Institutional Asset Management, Inc. | |
|
| As its adviser | ||
|
|
|
| |
|
| By: | /s/ Maggie Begley | |
|
| Name: | Maggie Begley | |
|
| Title: | Vice President and Associate General Counsel | |
| LENDER: | Pioneer Dynamic Credit Fund, | ||
|
| as a Lender | ||
|
|
|
| |
|
| By: | Pioneer Investment Management, Inc. | |
|
| As its adviser | ||
|
|
|
| |
|
| By: | /s/ Maggie Begley | |
|
| Name: | Maggie Begley | |
|
| Title: | Vice President and Associate General Counsel | |
|
| Pioneer Floating Rate Fund, | ||
| LENDER: | as a Lender | ||
|
|
|
| |
|
| By: | Pioneer Investment Management, Inc. | |
|
| As its adviser | ||
|
|
|
| |
|
| By: | /s/ Maggie Begley | |
|
| Name: | Maggie Begley | |
|
| Title: | Vice President and Associate General Counsel | |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | Pioneer Floating Rate Trust, | ||
|
| as a Lender | ||
|
|
|
| |
|
| By: | Pioneer Investment Management, Inc. | |
|
| As its adviser | ||
|
|
|
| |
|
|
|
| |
|
| By: | /s/ Maggie Begley | |
|
| Name: | Maggie Begley | |
|
| Title: | Vice President and Associate General Counsel | |
|
|
|
| |
| LENDER: | Pioneer Multi-Asset Ultrashort Income Fund, | ||
|
| as a Lender | ||
|
|
|
| |
|
| By: | Pioneer Investment Management, Inc. | |
|
| As its adviser | ||
|
|
|
| |
|
|
|
| |
|
| By: | /s/ Maggie Begley | |
|
| Name: | Maggie Begley | |
|
| Title: | Vice President and Associate General Counsel | |
|
|
|
| |
| LENDER: | ASF1 Loan Funding LLC, | ||
|
| as a Lender | ||
|
|
|
| |
|
|
|
| |
|
| By: | Citibank, N.A., | |
|
|
|
| |
|
| By: | /s/ Paul Plank | |
|
| Name: | Paul Plank | |
|
| Title: | Director | |
|
|
|
| |
| LENDER: | AIB Debt Managment Limited, | ||
|
| as a Lender | ||
|
|
|
| |
|
|
|
| |
|
| By: | /s/ Roisin O’Connell | |
|
|
| Roisin O’Connell | |
|
|
| Senior Vice President | |
|
|
| Investment Advisor to AIB Debt Management, Limited | |
|
|
| ||
|
|
| ||
|
| By: | /s/ Donna Cleary | |
|
|
| Donna Cleary | |
|
|
| Vice President | |
|
|
| Investment Advisor to AIB Debt Managment, Limited | |
|
|
| ||
|
| Crown Point CLO Ltd., | ||
| LENDER: | as a Lender | ||
|
|
|
| |
|
|
|
| |
|
| By: | /s/ John J. D’Angelo | |
|
| Name: | John J. D’Angelo | |
|
| Title: | Sr. Portfolio Manager | |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | Modern Bank N.A., | |
|
| as a Lender | |
|
|
|
|
|
| By: | /s/ Daniel Bennett |
|
| Name: | Daniel Bennett |
|
| Title: | Senior Vice President Deputy Chief Credit Officer |
| LENDER: | DAVIDSON RIVER TRADING, LLC | |
|
| as a Lender | |
|
|
|
|
|
| By: | SunTrust Bank, its Manager |
|
|
|
|
|
|
|
|
|
| By: | /s/ Joshua Lowe |
|
| Name: Joshua Lowe | |
|
| Title: Vice President | |
| LENDER: | Zeus Trading LLC, | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Tara E Kenny |
|
| Name: | Tara E Kenny |
|
| Title: | Assistant Vice President |
| LENDER: | VENTURE XII CLO, Limited, | |
|
| as a Lender | |
|
|
|
|
|
| By: | its investment advisor |
|
| MJX Asset Management LLC | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Michael Regan |
|
| Name: | Michael Regan |
|
| Title: | Senior Portfolio Manager |
| LENDER: | VENTURE XIII CLO, Limited, | |
|
| as a Lender | |
|
|
|
|
|
| By: | its Investment Advisor |
|
| MJX Asset Management LLC | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Michael Regan |
|
| Name: | Michael Regan |
|
| Title: | Senior Portfolio Manager |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | VENTURE XIV CLO, Limited, | |
|
| as a Lender | |
|
|
|
|
|
| By: | its investment advisor |
|
| MJX Asset Management LLC | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Michael Regan |
|
| Name: | Michael Regan |
|
| Title: | Senior Portfolio Manager |
| LENDER: | Venture XI CLO, Limited, | |
|
| as a Lender | |
|
|
|
|
|
| By: | its investment advisor, MJX |
|
| Asset Management, LLC | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Michael Regan |
|
| Name: | Michael Regan |
|
| Title: | Senior Portfolio Manager |
| LENDER: | Venture IX CDO, Limited, | |
|
| as a Lender | |
|
|
|
|
|
| By: | its investment advisor, MJX |
|
| Asset Management LLC | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Michael Regan |
|
| Name: | Michael Regan |
|
| Title: | Managing Director |
| LENDER: | Venture X CLO, Limited, | |
|
| as a Lender | |
|
|
|
|
|
| By: | its investment advisor, MJX |
|
| Asset Management, LLC | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Michael Regan |
|
| Name: | Michael Regan |
|
| Title: | Senior Portfolio Manager |
| LENDER: | VENTURE XV CLO, Limited, | |
|
| as a Lender | |
|
|
|
|
|
| By: | its investment advisor |
|
| MJX Asset Management LLC | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Michael Regan |
|
| Name: | Michael Regan |
|
| Title: | Senior Portfolio Manager |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | Denali Capital LLC, managing member of DC Funding Partners LLC, collateral manager for DENALI CAPITAL CLO VII, LTD., | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: | /s/ John P. Thacker |
|
| Name: | JOHN P. THACKER |
|
| Title: | CHIEF CREDIT OFFICER |
| LENDER: | Denali Capital LLC, managing member of DC Funding Partners LLC, collateral manager for DENALI CAPITAL CLO X, LTD., | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: | /s/ John P. Thacker |
|
| Name: | JOHN P. THACKER |
|
| Title: | CHIEF CREDIT OFFICER |
| LENDER: | Kaiser Foundation Hospitals, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Kaiser Permanente Group Trust, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | American General Life Insurance Company, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Manager | |
|
|
| |
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | American Home Assurance Company, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Avalon IV Capital, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Asset Manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | BOC Pension Investment Fund, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Attorney in Fact | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Blue Hill CLO, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Collateral Manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Children’s Healthcare of Atlanta, Inc., | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | Diversified Credit Portfolio Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Adviser | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Invesco Bank Loan Fund A Series Trust of Multi Manager Global Investment Trust, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Invesco Dynamic Credit Opportunities Fund, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Sub-advisor | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Invesco Floating Rate Fund, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Sub-Adviser | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Invesco Senior Income Trust, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Sub-advisor | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | Invesco Senior Loan Fund, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Sub-advisor | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Invesco Zodiac Funds - Invesco US Senior Loan Fund, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Management S.A. As Investment Manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Lexington Insurance Company, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Linde Pension Plan Trust, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Marea CLO, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Collateral Manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | Medical Liability Mutual Insurance Company, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Advisers, Inc. as Investment Manager | |
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | National Union Fire Insurance Company of Pittsburgh, Pa., | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Manager | |
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Nomad CLO, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Collateral Manager | |
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | North End CLO, Ltd, | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Manager | |
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | QUALCOMM Global Trading Pte. Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Manager | |
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | The City of New York Group Trust, | |
|
| as a Lender | |
|
|
| |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Investment Manager | |
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | Wasatch CLO Ltd, | |
|
| as a Lender | |
|
|
| |
|
|
|
|
|
| By: Invesco Senior Secured Management, Inc. as Portfolio Manager | |
|
|
|
|
|
| By: | /s/ Kevin Egan |
|
| Name: | Kevin Egan |
|
| Title: | Authorized Individual |
| LENDER: | DWS Floating Rate Fund, | |
|
| as a Lender | |
|
|
| |
|
|
| |
|
| By: | Deutsche Investment Management Americas, Inc. |
|
|
| Investment Advisor |
|
|
|
|
|
| By: | /s/ Eric S. Meyer |
|
|
| Eric S. Meyer, Managing Director |
|
|
|
|
|
|
|
|
|
| By: | /s/ Shayna Malnak |
|
| Name: | Shayna Malnak |
|
| Title: | Vice President |
| LENDER: | MT. WHITNEY SECURITIES INC., as Assignee, | |
|
| as a Lender | |
|
|
| |
|
|
| |
|
| By: | Deutsche Investment Management Americas Inc. |
|
|
| As Manager |
|
|
|
|
|
| By: | /s/ Eric S. Meyer |
|
|
| Eric S. Meyer, Managing Director |
|
|
|
|
|
|
|
|
|
| By: | /s/ Shayna Malnak |
|
| Name: | Shayna Malnak |
|
| Title: | Vice President |
| LENDER: | GEORGE LUCAS FAMILY FOUNDATION, | |
|
| as a Lender | |
|
|
| |
|
|
| |
|
| By: | Deutsche Bank Trust Company Americas |
|
|
| As Agent |
|
|
|
|
|
| By: | /s/ Eric S. Meyer |
|
|
| Eric S. Meyer, Managing Director |
|
|
|
|
|
|
|
|
|
| By: | /s/ Shayna Malnak |
|
| Name: | Shayna Malnak |
|
| Title: | Vice President |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | THE GWL LIVING TRUST, | |
|
| as a Lender | |
|
|
| |
|
|
| |
|
| By: | Deutsche Bank Trust Company Americas |
|
|
| As Agent |
|
|
|
|
|
| By: | /s/ Eric S. Meyer |
|
|
| Eric S. Meyer, Managing Director |
|
|
|
|
|
|
|
|
|
| By: | /s/ Shayna Malnak |
|
| Name: | Shayna Malnak |
|
| Title: | Vice President |
| LENDER: | SUNBRIDGE HOLDINGS, LLC, | |
|
| as a Lender | |
|
|
| |
|
|
| |
|
| By: | Deutsche Bank Trust Company Americas |
|
|
| As Agent |
|
|
|
|
|
| By: | /s/ Eric S. Meyer |
|
|
| Eric S. Meyer, Managing Director |
|
|
|
|
|
|
|
|
|
| By: | /s/ Shayna Malnak |
|
| Name: | Shayna Malnak |
|
| Title: | Vice President |
| LENDER: | Golub Capital Partners CLO 10, Ltd., | |
|
| as a Lender | |
|
|
| |
|
|
|
|
|
| By: | /s/ Chris Jamieson |
|
| Name: | Chris Jamieson |
|
| Title: | Portfolio Manager |
| LENDER: | Golub Capital Partners CLO 11, Ltd., | |
|
| as a Lender | |
|
|
| |
|
|
|
|
|
| By: | /s/ Chris Jamieson |
|
| Name: | Chris Jamieson |
|
| Title: | Portfolio Manager |
| LENDER: | Golub Capital Partners CLO 14, Ltd., | |
|
| as a Lender | |
|
|
| |
|
|
|
|
|
| By: | /s/ Chris Jamieson |
|
| Name: | Chris Jamieson |
|
| Title: | Portfolio Manager |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | Golub Capital Partners CLO 15, Ltd., | |
|
| as a Lender | |
|
|
| |
|
|
|
|
|
| By: | /s/ Chris Jamieson |
|
| Name: | Chris Jamieson |
|
| Title: | Portfolio Manager |
| LENDER: | GCPH Loan Funding, LLC, | |
|
| as a Lender | |
|
|
| |
|
|
|
|
|
| By: | Citibank, N.A., |
|
|
|
|
|
|
|
|
|
| By: | /s/ Neil Patel |
|
| Name: | Neil Patel |
|
| Title: | Director |
| LENDER: | UBS AG, STAMFORD BRANCH, | |
|
| as a Lender | |
|
|
|
|
|
| By: | /s/ Lana Gifas |
|
| Name: | Lana Gifas |
|
| Title: | Director |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jennifer Anderson |
|
| Name: | Jennifer Anderson |
|
| Title: | Associate Director |
| LENDER: | FIRSTMERIT BANK, N.A., | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Laura C. Redinger |
|
| Name: | Laura C. Redinger |
|
| Title: | Senior Vice President |
| LENDER: |
| ||
|
|
| ||
|
|
| ||
|
| APOSTLE LOOMIS SAYLES CREDIT OPPORTUNITIES FUND, | ||
|
| As Lender | ||
|
|
|
| |
|
| By: | Loomis, Sayles & Company, LP., | |
|
|
|
| |
|
| By: | Loomis, Sayles & Company, Incorporated, | |
|
|
|
| |
|
|
|
| |
|
| , | ||
|
|
| ||
|
|
|
| |
|
|
| By: | /s/ Mary McCarthy |
|
|
| Name: | Mary McCarthy |
|
|
| Title: | Vice President |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | APOSTLE LOOMIS SAYLES SENIOR LOAN FUND, | ||
|
| As Lender | ||
|
|
|
| |
|
| By: | Loomis, Sayles & Company, L.P., | |
|
|
|
| |
|
| By: | Loomis, Sayles & Company, Incorporated, | |
|
|
|
| |
|
|
| , | |
|
|
| ||
|
|
|
| |
|
|
| By: | /s/ Mary McCarthy |
|
|
| Name: | Mary McCarthy |
|
|
| Title: | Vice President |
| LENDER: | LOOMIS SAYLES SENIOR FLOATING RATE & FIXED INCOME FUND, | ||
|
| As Lender | ||
|
|
|
| |
|
| By: | Loomis, Sayles & Company, L.P., | |
|
|
|
| |
|
| By: | Loomis, Sayles & Company, Incorporated, | |
|
|
|
| |
|
|
| , | |
|
|
| ||
|
|
|
| |
|
|
| By: | /s/ Mary McCarthy |
|
|
| Name: | Mary McCarthy |
|
|
| Title: | Vice President |
| LENDER: | LOOMIS SAYLES SENIOR FLOATING RATE AND FIXED INCOME TRUST, | ||
|
| As Lender | ||
|
|
|
| |
|
| By: | Loomis Sayles Trust Company, LLC, As Trustee of Loomis Sayles Senior Floating Rate and Fixed Income Trust | |
|
|
|
| |
|
| , | ||
|
|
| ||
|
|
|
| |
|
|
| By: | /s/ Mary McCarthy |
|
|
| Name: | Mary McCarthy |
|
|
| Title: | Vice President |
| LENDER: | THE LOOMIS SAYLES SENIOR LOAN FUND, LLC, | ||
|
| As Lender | ||
|
|
|
| |
|
| By: | Loomis, Sayles & Company, L.P., | |
|
|
|
| |
|
| By: | Loomis, Sayles & Company, Incorporated, | |
|
|
|
| |
|
|
| , | |
|
|
| ||
|
|
|
| |
|
|
| By: | /s/ Mary McCarthy |
|
|
| Name: | Mary McCarthy |
|
|
| Title: | Vice President |
| LENDER: | NATIXIS LOOMIS SAYLES SENIOR LOAN FUND, | ||
|
| As Lender | ||
|
|
|
| |
|
| By: | Loomis, Sayles & Company, L.P., | |
|
|
|
| |
|
| By: | Loomis, Sayles & Company, Incorporated, | |
|
|
|
| |
|
|
| , | |
|
|
| ||
|
|
|
| |
|
|
| By: | /s/ Mary McCarthy |
|
|
| Name: | Mary McCarthy |
|
|
| Title: | Vice President |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | Silicon Valley Bank, | |
|
| as a Lender | |
|
|
|
|
|
| By: | /s/ Matt Kelty |
|
| Name: | Matt Kelty |
|
| Title: | Vice President |
| LENDER: | IBM Personal Pension Plan Trust, | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: ING Investment Management Co., as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | New Mexico State Investment Council, | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: ING Investment Management Co. LLC, as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | BayernInvest Alternative Loan-Fonds, | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: ING Investment Management Co. LLC, as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | California Public Employees’ Retirement System, | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: ING Investment Management Co. LLC, as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | City of New York Group Trust, | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: ING Investment Management Co. LLC, as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | ING (L) Flex - Senior Loans, | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: ING Investment Management Co., as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | ING Floating Rate Fund, | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: ING Investment Management Co., as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | ING IM CLO 2012-3, LTD., | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: ING Alternative Asset Management LLC, as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | ING IM CLO 2012-4, LTD., | |
|
| as a Lender | |
|
|
|
|
|
| By: ING Alternative Asset Management LLC, as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | ING IM CLO 2013-1, LTD., | |
|
| as a Lender | |
|
|
|
|
|
| By: | ING Alternative Asset Management LLC, |
|
| as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | ING IM CLO 2013-2, LTD., | |
|
| as a Lender | |
|
|
|
|
|
| By: | ING Alternative Asset Management LLC, |
|
| as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | ING IM CLO 2013-3, LTD., | |
|
| as a Lender | |
|
|
|
|
|
| By: | ING Alternative Asset Management LLC, |
|
| as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | ING Investment Trust Co. Plan for Employee | |
|
| Benefit Investment Funds - Senior Loan Fund, | |
|
| as a Lender | |
|
|
|
|
|
| By: | ING Investment Trust Co. as its trustee |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | ING Prime Rate Trust, | |
|
| as a Lender | |
|
|
|
|
|
| By: | ING Investment Management Co., |
|
| as it investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | ING Senior Income Fund, | |
|
| as a Lender | |
|
|
|
|
|
| By: | ING Investment Management Co., |
|
| as its investment manager | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | ISL Loan Trust, | |
|
| as a Lender | |
|
|
|
|
|
| By: | ING Investment Management Co., |
|
| as its investment advisor | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Jason Esplin |
|
| Name: | Jason Esplin |
|
| Title: | Vice President |
| LENDER: | JMP CREDIT ADVISORS CLO II LTD. | |
|
| By: JMP Credit Advisors LLC, As Attorney-in-Fact | |
|
|
|
|
|
|
|
|
|
| By: | /s/ April Lowry |
|
|
| Name: April Lowry |
|
|
| Title: Director |
| LENDER: | ARROWOOD INDEMNITY COMPANY | |
|
| ARROWOOD INDEMNITY COMPANY AS | |
|
| ADMINISTRATOR OF THE PENSION | |
|
| PLAN OF ARROWOOD INDEMNITY COMPANY, | |
|
| each as a Lender | |
|
|
| |
|
| By: Babson Capital Management LLC as Investment Adviser | |
|
|
|
|
|
| By: | /s/ Chad Campbell |
|
| Name: | Chad Campbell |
|
| Title: | Director |
| LENDER: | Carlyle Global Market Strategies CLO 2011-1, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
|
|
|
|
| By: | /s/ Linda Pace |
|
| Name: | Linda Pace |
|
| Title: | Managing Director |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | Carlyle Global Market Strategies CLO 2012-1, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: | /s/ Linda Pace |
|
| Name: | Linda Pace |
|
| Title: | Managing Director |
| LENDER: | Carlyle Global Market Strategies CLO 2012-2, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: | /s/ Linda Pace |
|
| Name: | Linda Pace |
|
| Title: | Managing Director |
| LENDER: | Carlyle Global Market Strategies CLO 2013-3, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: | /s/ Linda Pace |
|
| Name: | Linda Pace |
|
| Title: | Managing Director |
| LENDER: | Carlyle Global Market Strategies CLO 2013-4, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: | /s/ Linda Pace |
|
| Name: | Linda Pace |
|
| Title: | Managing Director |
| LENDER: | Carlyle High Yield Partners IX, Ltd, | |
|
| as a Lender | |
|
|
|
|
|
| By: | /s/ Linda Pace |
|
| Name: | Linda Pace |
|
| Title: | Managing Director |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | G.A.S. (Cayman) Limited, as Trustee on behalf of Octagon Joint Credit Trust Series I (and not in its individual capacity), | |
|
| as a Lender | |
|
|
|
|
|
| By: | Octagon Credit Investors, LLC, |
|
|
| Portfolio Manager |
|
|
|
|
|
| By: | /s/ Lauren Basmadjian |
|
| Name: | Lauren Basmadjian |
|
| Title: | Portfolio Manager |
| LENDER: | Octagon Paul Credit Fund Series I, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: | Octagon Credit Investors, LLC |
|
|
| as Portfolio Manager |
|
|
|
|
|
| By: | /s/ Lauren Basmadjian |
|
| Name: | Lauren Basmadjian |
|
| Title: | Portfolio Manager |
| LENDER: | Octagon Investment Partners XII, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: | Octagon Credit Investors, LLC |
|
|
| as Collateral Manager |
|
|
|
|
|
| By: | /s/ Lauren Basmadjian |
|
| Name: | Lauren Basmadjian |
|
| Title: | Portfolio Manager |
| LENDER: | Octagon Delaware Trust 2011, | |
|
| as a Lender | |
|
|
|
|
|
| By: | Octagon Credit Investors, LLC |
|
|
| as Portfolio Manager |
|
|
|
|
|
| By: | /s/ Lauren Basmadjian |
|
| Name: | Lauren Basmadjian |
|
| Title: | Portfolio Manager |
| LENDER: | Octagon Investment Partners XIV, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: | Octagon Credit Investors, LLC |
|
|
| as Collateral Manager |
|
|
|
|
|
| By: | /s/ Lauren Basmadjian |
|
| Name: | Lauren Basmadjian |
|
| Title: | Portfolio Manager |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
| LENDER: | Octagon Investment Partners XVI, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: | Octagon Credit Investors, LLC |
|
|
| as Collateral Manager |
|
|
|
|
|
| By: | /s/ Lauren Basmadjian |
|
| Name: | Lauren Basmadjian |
|
| Title: | Portfolio Manager |
| LENDER: | Octagon Investment Partners XVII, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: | Octagon Credit Investors, LLC |
|
|
| as Collateral Manager |
|
|
|
|
|
| By: | /s/ Lauren Basmadjian |
|
| Name: | Lauren Basmadjian |
|
| Title: | Portfolio Manager |
| LENDER: | Octagon Investment Partners XVIII, Ltd., | |
|
| as a Lender | |
|
|
|
|
|
| By: | Octagon Credit Investors, LLC |
|
|
| as Collateral Manager |
|
|
|
|
|
| By: | /s/ Lauren Basmadjian |
|
| Name: | Lauren Basmadjian |
|
| Title: | Portfolio Manager |
| LENDER: | US Bank N.A., solely as trustee of the DOLL Trust (for Qualified Institutional Investors only), (and not in its individual capacity), | |
|
| as a Lender | |
|
|
|
|
|
| By: | Octagon Credit Investors, LLC |
|
|
| as Portfolio Manager |
|
|
|
|
|
| By: | /s/ Lauren Basmadjian |
|
| Name: | Lauren Basmadjian |
|
| Title: | Portfolio Manager |
EPIQ SYSTEMS, INC.
FIRST AMENDMENT TO CREDIT AGREEMENT
