THIRD AMENDMENT TO CREDIT AGREEMENT
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EX-10.1 2 g05755exv10w1.htm EX-10.1 THIRD AMENDMENT TO CREDIT AGREEMENT EX-10.1 THIRD AMENDMENT TO CREDIT AGREEMENT
Exhibit 10.1
THIRD AMENDMENT TO CREDIT AGREEMENT
THIS THIRD AMENDMENT TO CREDIT AGREEMENT dated as of February 23, 2007 (this Amendment) is entered into among Matria Healthcare, Inc., a Delaware corporation (the Borrower), the Guarantors party hereto, the Lenders party hereto and Bank of America, N.A., as Administrative Agent and Collateral Agent. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
RECITALS
WHEREAS the Borrower, the Guarantors, the Lenders and Bank of America, N.A., in its capacity as Administrative Agent and Collateral Agent entered into that certain Credit Agreement dated as of January 19, 2006 (as amended or modified from time to time, the Credit Agreement); and
WHEREAS, the Borrower has requested that the Lenders amend the Credit Agreement as set forth below;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Amendments to Credit Agreement. The Credit Agreement is hereby amended as follows:
(a) The definition of Third Amendment Effective Date is hereby added to Section 1.01 of the Credit Agreement in the appropriate alphabetical order and shall read as follows:
Third Amendment Effective Date means February 23, 2007.
(b) The definition of Aggregate Revolving Commitments in Section 1.01 of the Credit Agreement is hereby amended to read as follows:
Aggregate Revolving Commitments means the Revolving Commitments of all the Lenders. The amount of the Aggregate Revolving Commitments in effect on the Third Amendment Effective Date is FIFTY MILLION DOLLARS ($50,000,000).
(c) The Revolving Commitments identified on Schedule 2.01 of the Credit Agreement are hereby amended to read as provided on Schedule 2.01 attached hereto.
2. Conditions Precedent. This Amendment shall be effective upon satisfaction of the following conditions precedent:
(a) Receipt by the Administrative Agent of counterparts of this Amendment duly executed by the Borrower, the Guarantors, the Required Lenders, each Lender increasing its Revolving Commitment pursuant to this Amendment, and Bank of America, N.A., as Administrative Agent and Collateral Agent;
(b) Receipt by the Administrative Agent of a certificate of a Responsible Officer of the Borrower, in form and substance reasonably satisfactory to the Administrative Agent and its legal counsel, (i) certifying that the Organization Documents of each Loan Party delivered on the Closing Date have not been amended, supplemented or otherwise modified and remain in full force and effect as of the date hereof, (ii) attaching resolutions of each Loan Party approving and adopting this Amendment, the transactions contemplated herein and authorizing the execution and delivery of this Amendment and any documents, agreements or certificates related thereto and certifying that such resolutions have not been amended, supplemented or otherwise modified and remain in full force and effect as of the date hereof and (iii) certifying that the Borrower and its Subsidiaries (after giving effect to this Amendment and the incurrence of Indebtedness related hereto) are Solvent on a consolidated basis.
(c) Receipt by the Administrative Agent of favorable opinions of legal counsel to the Loan Parties, addressed to the Administrative Agent and each Lender, dated as of the date hereof, in form and substance satisfactory to the Administrative Agent.
(d) Receipt by the Administrative Agent and the Lenders of any fees and expense required to be paid on or before the date hereof.
3. Miscellaneous.
(a) The Credit Agreement, and the obligations of the Loan Parties thereunder and under the other Loan Documents, are hereby ratified and confirmed and shall remain in full force and effect according to their terms.
(b) Each Guarantor (i) acknowledges and consents to all of the terms and conditions of this Amendment, (ii) affirms all of its obligations under the Loan Documents and (iii) agrees that this Amendment and all documents executed in connection herewith do not operate to reduce or discharge its obligations under the Credit Agreement or the Loan Documents.
(c) Each Loan Party hereby represents and warrants as follows:
(i) Each Loan Party has taken all necessary action to authorize the execution, delivery and performance of this Amendment.
(ii) This Amendment has been duly executed and delivered by the Loan Parties and constitutes each of the Loan Parties legal, valid and binding obligations, enforceable in accordance with its terms, except as such enforceability may be limited by Debtor Relief Laws and general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).
(iii) No consent, approval, authorization or order of, or filing, registration or qualification with, any court or governmental authority or third party is required in connection with the execution, delivery or performance by any Loan Party of this Amendment.
(d) The Loan Parties represent and warrant to the Lenders that (i) the representations and warranties of the Loan Parties set forth in Article VI of the Credit Agreement and in each other Loan Document are true and correct in all material respects as of the date hereof with the same effect as if made on and as of the date hereof, except to the extent such representations and
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warranties expressly relate solely to an earlier date and (ii) no event has occurred and is continuing which constitutes a Default or an Event of Default.
(e) This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but all of which shall constitute one and the same instrument. Delivery of an executed counterpart of this Amendment by telecopy shall be effective as an original and shall constitute a representation that an executed original shall be delivered.
(f) THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
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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: | MATRIA HEALTHCARE, INC., a Delaware corporation | |||
By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
GUARANTORS: | MATRIA WOMENS AND CHILDRENS HEALTH, LLC, a Delaware limited liability company | |||
By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
MATRIA CASE MANAGEMENT, INC., a Georgia corporation | ||||
By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
MIAVITA, INC., a Georgia corporation | ||||
By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
MATRIA HEALTH ENHANCEMENT COMPANY, a Delaware corporation | ||||
By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
DIABETES ACQUISITION, INC., a Georgia corporation | ||||
By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO |
MATRIA HEALTHCARE OF ILLINOIS, INC., a Georgia corporation | ||||
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By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
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MATRIA OF NEW YORK, INC., a New York corporation | ||||
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By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
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QUALITY ONCOLOGY, INC., a Delaware corporation | ||||
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By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
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WINNINGHABITS, INC., a Delaware corporation | ||||
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By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO |
WINNINGHABITS.COM, LTD., a Texas limited partnership | ||||
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By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
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WINNINGHABITS GP, INC., a Delaware corporation | ||||
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By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
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WINNINGHABITS LP, INC., a Delaware corporation | ||||
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By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
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CORSOLUTIONS MEDICAL, INC., a Delaware corporation | ||||
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By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
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CORSOLUTIONS INC., a Delaware corporation | ||||
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By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO | |||
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HEALTH AND PRODUCTIVITY CORPORATION OF AMERICA, INC., a Delaware corporation | ||||
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By: | /s/ Parker H. Petit | |||
Name: | Parker H. Petit | |||
Title: | Chairman & CEO |
ADMINISTRATIVE AGENT: | BANK OF AMERICA, N.A., as Administrative Agent and Collateral Agent | |||
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By: | /s/ Kristine Thennes | |||
Name: | Kristine Thennes | |||
Title: | Vice President |
BANK OF AMERICA, N.A., as a Lender | ||||
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By: | /s/ R. Shawn Janko | |||
Name: | R. Shawn Janko | |||
Title: | Senior Vice President | |||
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CAROLINA FIRST BANK, as a Lender | ||||
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By: | /s/ Kevin M. Short | |||
Name: | Kevin M. Short | |||
Title: | Senior Vice President | |||
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CIT HEALTHCARE, LLC, as a Lender | ||||
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By: | /s/ Dennis Zinkand | |||
Name: | Dennis Zinkand | |||
Title: | Director | |||
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JPMORGAN CHASE BANK, N.A., as a Lender | ||||
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By: | /s/ Dawn LeeLum | |||
Name: | Dawn LeeLum | |||
Title: | Executive Director | |||
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MERRILL LYNCH CAPITAL, A DIVISION OF MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC., as a Lender | ||||
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By: | /s/ Luis Viera | |||
Name: | Luis Viera | |||
Title: | Vice President | |||
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STATE BANK OF INDIA, as a Lender | ||||
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By: | /s/ Ashok Wanchoo | |||
Name: | Ashok Wanchoo | |||
Title: | Vice President & Head (Credit) |
ACA CLA 2005-1, LIMITED, as a Lender | ||||
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By: | /s/ Vincent Ingato | |||
Name: | Vincent Ingato | |||
Title: | Managing Director | |||
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ACA Management, LLC as Investment Advisor | ||||
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ACA CLO 2006-1, LIMITED, as a Lender | ||||
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By: | /s/ Vincent Ingato | |||
Name: | Vincent Ingato | |||
Title: | Managing Director | |||
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ACA Management, LLC as Investment Advisor | ||||
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ACAS CLO 2007-1, LTD, By American Capital Asset Management, LLC As Portfolio Manager as a Lender | ||||
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By: | /s/ Dana Dratch | |||
Name: | Dana Dratch | |||
Title: | Authorized Signatory | |||
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ARES ENHANCED LOAN INVESTMENT STRATEGY II, LTD. | ||||
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By: | Ares Enhanced Loan Management II, L.P., Investment Manager | |||
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By: | Ares Enhanced Loan GP II, LLC Its General Partner | |||
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as a Lender | ||||
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By: | /s/ Jeff Moore | |||
Name: | Jeff Moore | |||
Title: | Vice President |
ARES ENHANCED LOAN INVESTMENT STRATEGY, LTD. | ||||
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By: | Ares Enhanced Loan Management, L.P., Investment Manager | |||
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By: | Ares Enhanced Loan GP, LLC Its General Partner | |||
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as a Lender | ||||
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By: | /s/ Jeff Moore | |||
Name: | Jeff Moore | |||
Title: | Vice President | |||
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Ares X CLO Ltd. | ||||
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By: | Ares CLO Management X, L.P., Investment Manager | |||
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By: | Ares CLO GP X, LLC, Its General Partner | |||
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as a Lender | ||||
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By: | /s/ Jeff Moore | |||
Name: | Jeff Moore | |||
Title: | Vice President | |||
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Ares VIR CLO Ltd. | ||||
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By: | Ares CLO Management VIR, L.P., Investment Manager | |||
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By: | Ares CLO GP VIR, LLC, Its General Partner | |||
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as a Lender | ||||
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By: | /s/ Jeff Moore | |||
Name: | Jeff Moore | |||
Title: | Vice President |
Ares VIII CLO Ltd. | ||||
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By: | Ares CLO Management VIII, L.P., Investment Manager | |||
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By: | Ares CLO GP VIII, LLC, Its General Partner | |||
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as a Lender | ||||
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By: | /s/ Jeff Moore | |||
Name: | Jeff Moore | |||
Title: | Vice President | |||
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ARES ENHANCED CREDIT OPPORTUNITIES FUND LTD. | ||||
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By: | Ares Enhanced Credit Opportunities Fund Management, L.P. | |||
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as a Lender | ||||
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By: | /s/ Jeff Moore | |||
Name: | Jeff Moore | |||
Title: | Vice President |
CONFLUENT 2 LIMITED | ||||||||
By: | Ares Private Account Management I, L.P., as Sub-Manager | |||||||
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By: | Ares Private Account management I GP, LLC, as General Partner | |||||||
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By: | Ares Management LLC, as Manager | |||||||
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as a Lender | ||||||||
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By: | /s/ Jeff Moore | |||||||
Name: | Jeff Moore | |||||||
Title: | Vice President |
BAKER STREET FUNDING CLO 2005-1 LTD., as a Lender | ||||
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By: | /s/ Edurado Piedra | |||
Name: | Edurado Piedra | |||
Title: | Director SunTrust Capital Markets, Inc. | |||
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BANK OF MONTREAL | ||||
By: | HIM Monegy Inc., As Agent | |||
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as a Lender | ||||
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By: | /s/ Greg Walker | |||
Name: | Greg Walker | |||
Title: | Vice President | |||
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BRYN MAWR CLO, Ltd. | ||||
By: | Deerfield Capital Management LLC as its Collateral Manager | |||
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as a Lender | ||||
By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director | |||
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ACCESS INSTITUTIONAL LOAN FUND | ||||
By: | Deerfield Capital Management LLC as its Portfolio Manager | |||
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as a Lender | ||||
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By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director |
BRIDGEPORT II CLO LTD. | ||||
By: | Deerfield Capital Management LLC as its Collateral Manager | |||
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as a Lender | ||||
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By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director | |||
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BURR RIDGE CLO LTD. | ||||
By: | Deerfield Capital Management LLC as its Collateral Manager | |||
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as a Lender | ||||
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By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director | |||
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BRIDGEPORT CLO LTD. | ||||
By: | Deerfield Capital Management LLC as its Collateral Manager | |||
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as a Lender | ||||
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By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director | |||
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CUMBERLAND II CLO LTD. | ||||
By: | Deerfield Capital Management LLC as its Collateral Manager | |||
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as a Lender | ||||
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By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director |
DEER PARK CLO LTD. | ||||
By: | Deerfield Capital Management LLC as its Collateral Manager | |||
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as a Lender | ||||
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By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director | |||
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FOREST CREEK CLO, Ltd. | ||||
By: | Deerfield Capital Management LLC as its Collateral Manager | |||
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as a Lender | ||||
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By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director | |||
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LONG GROVE CLO, LIMITED | ||||
By: | Deerfield Capital Management LLC as its Collateral Manager | |||
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as a Lender | ||||
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By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director | |||
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MARQUETTE PARK CLO LTD. | ||||
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By: | Deerfield Capital Management LLC as its Collateral Manager | |||
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as a Lender | ||||
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By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director |
MARKET SQUARE CLO, Ltd. | ||||
By: | Deerfield Capital Management LLC as its Collateral Manager | |||
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as a Lender | ||||
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By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director | |||
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ROSEMONT CLO, Ltd. | ||||
By: | Deerfield Capital Management LLC as its Collateral Manager | |||
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as a Lender | ||||
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By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director | |||
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SCHILLER PARK CLO LTD. | ||||
By: | Deerfield Capital Management LLC as its Collateral Manager | |||
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as a Lender | ||||
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By: | /s/ Dale Burrow | |||
Name: | Dale Burrow | |||
Title: | Managing Director | |||
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CIFC Funding 2006-1, Ltd, as a Lender | ||||
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By: | /s/ Sean O. Doughterty | |||
Name: | Sean O. Doughterty | |||
Title: | General Counsel | |||
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COLE BROOK as a Lender | ||||
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By: | /s/ Roy Hykal | |||
Name: | Roy Hykal | |||
Title: | Attorney-in-fact |
CIFC Funding 2006-1, Ltd, as a Lender | ||||
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By: | /s/ Sean O. Doughterty | |||
Name: | Sean O. Doughterty | |||
Title: | General Counsel | |||
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Denali Capital LLC, managing member of DC Funding Partners LLC, portfolio manager for DENALI CAPITAL CLO I, LTD., or an affiliate as a Lender | ||||
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By: | /s/ Ross VanDruen | |||
Name: | Ross VanDruen | |||
Title: | Vice President | |||
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Denali Capital LLC, managing member of DC Funding Partners LLC, portfolio manager for DENALI CAPITAL CLO V, LTD., or an affiliate as a Lender | ||||
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By: | /s/ Ross VanDruen | |||
Name: | Ross VanDruen | |||
Title: | Vice President | |||
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Denali Capital LLC, managing member of DC Funding Partners LLC, portfolio manager for DENALI CAPITAL CLO VI, LTD., or an affiliate as a Lender | ||||
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By: | /s/ Ross VanDruen | |||
Name: | Ross VanDruen | |||
Title: | Vice President | |||
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Denali Capital LLC, managing member of DC Funding Partners LLC, portfolio manager for DENALI CAPITAL CLO VIII, LTD., or an affiliate as a Lender | ||||
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By: | /s/ Ross VanDruen | |||
Name: | Ross VanDruen | |||
Title: | Vice President |
Denali Capital LLC, managing member of DC Funding Partners LLC, portfolio manager for DENALI CAPITAL CREDIT OPPORTUNITY FUND FINANCING, LTD., or an affiliate as a Lender | ||||
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By: | /s/ Ross VanDruen | |||
Name: | Ross VanDruen | |||
Title: | Vice President | |||
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Eaton Vance CDO VII PLC | ||||
By: | Eaton Vance Management | |||
As Interim Investment Advisor, | ||||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President | |||
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SENIOR DEBT PORTFOLIO | ||||
By: | Boston Management and Research as Investment Advisor, | |||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President | |||
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EATON VANCE SENIOR INCOME TRUST | ||||
By: | Eaton Vance Management As Investment Advisor, | |||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President | |||
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EATON VANCE INSTITUTIONAL SENIOR LOAN FUND | ||||
By: | Eaton Vance Management | |||
As Investment Advisor, | ||||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President |
Eaton Vance CDO VIII, Ltd. | ||||
By: | Eaton Vance Management As Investment Advisor, | |||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President | |||
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Eaton Vance CDO XI, LTD | ||||
By: | Eaton Vance Management As Investment Advisor, | |||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President | |||
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Eaton Vance CDO X, PLC | ||||
By: | Eaton Vance Management As Investment Advisor, | |||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President | |||
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GRAYSON & CO | ||||
By: | Boston Management and Research, As Investment Advisor, | |||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President | |||
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THE NORINCHUKIN BANK NEW YORK BRANCH, Through State Street Bank and Trust Company N.A. as Fiduciary Custodian | ||||
By: | Eaton Vance Management, Attorney-in-Fact, | |||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President |
BIG SKY III SENIOR LOAN TRUST | ||||
By: | Eaton Vance Management As Investment Advisor, | |||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President | |||
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EATON VANCE VT FLOATING-RATE INCOME FUND | ||||
By: | Eaton Vance Management | |||
As Investment Advisor, | ||||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President | |||
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EATON VANCE LIMITED DURATION INCOME FUND | ||||
By: | Eaton Vance Management As Investment Advisor, | |||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President | |||
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EATON VANCE SENIOR FLOATING-RATE TRUST | ||||
By: | Eaton Vance Management As Investment Advisor, | |||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President |
EATON VANCE FLOATING-RATE INCOME TRUST | ||||
By: | Eaton Vance Management | |||
As Investment Advisor, | ||||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President | |||
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Eaton Vance Variable Leverage Fund Ltd. | ||||
By: | Eaton Vance Management As Investment Advisor, | |||
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as a Lender | ||||
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By: | /s/ Michael B. Botthof | |||
Name: | Michael B. Botthof | |||
Title: | Vice President | |||
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EMERSON PLACE CLO, LTD., | ||||
as a Lender | ||||
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By: | /s/ R. Ian OKeeffe | |||
Name: | R. Ian OKeeffe | |||
Title: | Authorized Signatory | |||
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GRAND CENTRAL ASSET TRUST, ALAD SERIES, as a Lender | ||||
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By: | /s/ Roy Hykal | |||
Name: | Roy Hykal | |||
Title: | Attorney-in-Fact | |||
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HARCH CLO II, LTD, as a Lender | ||||
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By: | /s/ Michael Lewitt | |||
Name: | Michael Lewitt | |||
Title: | Authorized Signatory |
HARCH CLO III, LTD, as a Lender | ||||
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By: | /s/ Michael Lewitt | |||
Name: | Michael Lewitt | |||
Title: | Authorized Signatory | |||
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IKB Capital Corporation, as a Lender | ||||
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By: | /s/ David Snyder | |||
Name: | David Snyder | |||
Title: | President | |||
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Bacchus (US) 2006-I, Ltd., as a Lender | ||||
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By: | /s/ David Snyder | |||
Name: | David Snyder | |||
Title: | President | |||
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KZH PONDVIEW LLC, as a Lender | ||||
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By: | /s/ Michael Lewitt | |||
Name: | Virginia Conway | |||
Title: | Auhorized Signatory | |||
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LIGHTPOINT CLO 2004-1, LTD. PREMIUM LOAN TRUST 1, LTD. LIGHTPOINT CLO V, LTD. LIGHTPOINT CLO VII, LTD. as a Lender | ||||
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By: | /s/ Timothy S. VanKirk | |||
Name: | Timothy S. VanKirk | |||
Title: | Managing Director | |||
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MUIRFIELD TRADING LLC, as a Lender | ||||
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By: | /s/ Anna M. Tallent | |||
Name: | Anna M. Tallent | |||
Title: | Assistant Vice President |
NACM CLO I, as a Lender | ||||
| ||||
By: | /s/ Joanna Willars | |||
Name: | Joanna Willars | |||
Title: | Authorized Signatory | |||
| ||||
NAVIGARE FUNDING I CLO LTD | ||||
By: | Navigare Partners LLC Its collateral manager, | |||
| ||||
as a Lender | ||||
| ||||
By: | /s/ Sheryl A. Rothman | |||
Name: | Sheryl A. Rothman | |||
Title: | Managing Director | |||
| ||||
NAVIGARE FUNDING II CLO LTD | ||||
By: | Navigare Partners LLC as Collateral Manager, | |||
| ||||
as a Lender | ||||
| ||||
By: | /s/ Sheryl A. Rothman | |||
Name: | Sheryl A. Rothman | |||
Title: | Managing Director | |||
| ||||
New Alliance Global CDO, Limited | ||||
By: | AllianceBernstein L.P., as investment advisor | |||
| ||||
as a Lender | ||||
| ||||
By: | /s/ Teresa McCarthy | |||
Name: | Teresa McCarthy | |||
Title: | Vice President | |||
| ||||
OPPENHEIMER SENIOR FLOATING RATE FUND, as a Lender | ||||
| ||||
By: | /s/ Lisa Chaffee | |||
Name: | Lisa Chaffee | |||
Title: | AVP |
HARBOURVIEW CLO 2006-1, LTD., as a Lender | ||||
| ||||
By: | /s/ Lisa Chaffee | |||
Name: | Lisa Chaffee | |||
Title: | AVP | |||
| ||||
OWS CLO I, LTD. as a Lender | ||||
| ||||
By: | /s/ Dean Stephan | |||
Name: | Dean Stephan | |||
Title: | Managing Director | |||
| ||||
Prospero CLO II, BV as a Lender | ||||
| ||||
By: | /s/ John T. Spellman | |||
Name: | John T. Spellman | |||
Title: | Attorney-in-Fact | |||
| ||||
Veritas CLO II, Ltd. as a Lender | ||||
| ||||
By: | /s/ John T. Spellman | |||
Name: | John T. Spellman | |||
Title: | Attorney-in-Fact | |||
| ||||
ROSEDALE CLO LTD. | ||||
By: | Princeton Advisory Group, Inc. the Collateral Manager | |||
| ||||
as a Lender | ||||
| ||||
By: | /s/ Thomas Brower | |||
Name: | Thomas Brower | |||
Title: | Sr. Analyst | |||
| ||||
ROSEDALE CLO II LTD. | ||||
By: | Princeton Advisory Group, Inc. the Collateral Manager | |||
| ||||
as a Lender | ||||
| ||||
By: | /s/ Thomas Brower | |||
Name: | Thomas Brower | |||
Title: | Sr. Analyst |
VAN KAMPEN SENIOR INCOME TRUST | ||||
By: | Van Kampen Asset Management | |||
| ||||
as a Lender | ||||
| ||||
By: | /s/ Christina Jamieson | |||
Name: | Christina Jamieson | |||
Title: | Managing Director | |||
| ||||
VAN KAMPEN SENIOR LOAN FUND | ||||
By: | Van Kampen Asset Management | |||
| ||||
as a Lender | ||||
| ||||
By: | /s/ Christina Jamieson | |||
Name: | Christina Jamieson | |||
Title: | Managing Director | |||
| ||||
Venture V CDO Limited By its investment advisor, MJX Asset management LLC, as a Lender | ||||
| ||||
By: | /s/ Hans L. Christensen | |||
Name: | Hans L. Christensen | |||
Title: | Chief Investment Officer | |||
| ||||
WB LOAN FUNDING 5, LLC, as a Lender | ||||
| ||||
By: | /s/ Diana M. Himes | |||
Name: | Diana M. Himes | |||
Title: | Associate |
Schedule 2.01
REVOLVING COMMITMENTS
Lender | Revolving Commitment | Applicable Percentage | ||||||||||
Bank of America, N.A. | $ | 18,000,000.00 | 36.000000000 | % | ||||||||
Carolina First Bank | $ | 11,000,000.00 | 22.000000000 | % | ||||||||
CIT Healthcare, LLC | $ | 5,000,000.00 | 10.000000000 | % | ||||||||
JPMorgan Chase Bank, N.A. | $ | 8,000,000.00 | 16.000000000 | % | ||||||||
Merrill Lynch Capital, a division of Merrill Lynch Business Financial Services, Inc. | $ | 5,000,000.00 | 10.000000000 | % | ||||||||
State Bank of India | $ | 3,000,000.00 | 6.000000000 | % | ||||||||
Total | $ | 50,000,000.00 | 100.000000000 | % | ||||||||