Amendment No. 2 to Credit Agreement among The Neiman Marcus Group, Inc., Newton Acquisition, Inc., Lenders, and Credit Suisse

Contract Categories: Business Finance › Credit Agreements
Summary

This amendment updates the terms of a credit agreement originally signed on October 6, 2005, between The Neiman Marcus Group, Inc., Newton Acquisition, Inc., various lenders, and Credit Suisse as administrative agent. The changes clarify and adjust procedures for loan prepayments, including timing, allocation, and lender rights to decline prepayments. The amendment becomes effective once signed by the required parties and is governed by New York law.

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EX-10.31 2 amendcr.htm

EXHIBIT 10.31

AMENDMENT NO. 2 dated as of January 26, 2006 (this "Amendment"), to the Credit Agreement dated as of October 6, 2005 (the "Credit Agreement"), among THE NEIMAN MARCUS GROUP, INC., a Delaware corporation (the "Borrower"), NEWTON ACQUISITION, INC., a Delaware corporation ("Holdings"), each subsidiary of the Borrower from time to time party thereto, the Lenders (as defined in Article I of the Credit Agreement), and CREDIT SUISSE, as administrative agent (in such capacity, the "Administrative Agent") and as collateral agent for the Lenders.

    1. Pursuant to the Credit Agreement, the Lenders have made loans to the Borrower.

    2. The Borrower and the Lenders have agreed to amend the Credit Agreement as set forth herein.

    3. Capitalized terms used but not defined herein shall have the meanings assigned to them in the Credit Agreement.

Accordingly, in consideration of the mutual agreements herein contained and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows:

SECTION 1. Amendments. (a) Section 2.09(a) of the Credit Agreement is hereby amended by:

    1. inserting the words "five (5) Business Days after" immediately prior to the words "the earlier of" in the first line thereof;

    2. inserting "(A)" immediately prior to the words "50% of Excess Cash Flow" in the fifth line thereof;

    3. inserting the following immediately prior to the semicolon in the fifth line thereof: "minus (B) the amount of any prepayments of Loans made pursuant to Section 2.08 during such fiscal year, except to the extent that such prepayments were (1) deducted in determining the amount of Excess Cash Flow for such fiscal year or (2) financed with the proceeds of other Indebtedness of the Borrower or its Restricted Subsidiaries"; and

    4. deleting the words "the amount of such prepayment" in the fifth and sixth lines thereof and substituting therefor the words "(i) such percentage of Excess Cash Flow."

(b) Section 2.09(b) of the Credit Agreement is hereby amended by (i) deleting the words "to the extent practicable," in the third line thereof and (ii) deleting the words "three (3) days" in the fourth line thereof and substituting therefor the words "five (5) Business Days".

(c) Section 2.09 of the Credit Agreement is hereby amended by adding the following new paragraph at the end thereof:

"(c) Any Lender may elect, by notice to the Agent at or prior to the time and in the manner specified by the Agent, prior to any prepayment of Loans required to be made by the Borrower pursuant to this Section, to decline all (but not a portion) of its pro rata share of such prepayment (such declined amounts, the "Declined Proceeds"). Any Declined Proceeds shall be offered by the Agent to the Lenders not so declining such prepayment (with such Lenders having the right to decline any prepayment with Decline Proceeds at the time and in the manner specified by the Agent). To the extent such Lenders elect to decline their pro rata shares of such Declined Proceeds, such remaining Declined Proceeds shall not be subject to prepayment pursuant to this Section and may be retained by the Borrower. The Agent shall notify the Borrower of the amount of such remaining Declined Proceeds as promptly as practicable and, in any event, no later than one (1) Business Day pr ior to the date on which such prepayment is required to be made by the Borrower pursuant to this Section. Notwithstanding anything to the contrary contained in this Section, (i) prepayments of outstanding Loans pursuant to this Section shall be allocated ratably among the Lenders that accept the same and (ii) if at the time of any prepayment pursuant to this Section there shall be outstanding Borrowings of different Types or LIBOR Rate Loans with different Interest Periods, and if some but not all of the Lenders have accepted such prepayment, then the aggregate amount of such prepayment shall be allocated ratably to each outstanding Borrowing of the accepting Lenders."

SECTION 2. Effectiveness. This Amendment shall become effective as of the date set forth above on the date on which the Administrative Agent shall have received counterparts of this Amendment that, when taken together, bear the signatures of the Borrower and the Required Lenders.

SECTION 3. Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same contract. Delivery of an executed counterpart of a signature page of this Amendment by facsimile transmission shall be as effective as delivery of a manually executed counterpart hereof.

SECTION 4. Applicable Law. THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.

SECTION 5. Headings. The headings of this Amendment are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.

[Remainder of this page intentionally left blank]

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their duly authorized officers, all as of the date and year first above written.

THE NEIMAN MARCUS GROUP, INC.,
 

By /s/ Nelson A. Bangs

Name: Nelson A. Bangs
Title: Senior Vice President

CREDIT SUISSE, CAYMAN ISLANDS BRANCH, individually and as Administrative Agent,

By /s/ Robert Hetu

Name: Robert Hetu
Title: Managing Director

By /s/ Cassandra Droogan

Name: Cassandra Droogan
Title: Vice President

 

 

Name of Lender:

ACA CLO 2005-1, Limited
By: ACA Management, LLC as Investment Advisor

By: /s/ Vincent Ingato

 

Name: Vincent Ingato
Title: Managing Director
   

Name of Lender:

AIG Bank Loan Fund Ltd.
By: AIG Global Investment Corp.

its Investment Manager

By: /s/ W. Jeffrey Baxter

 

Name: W. Jeffrey Baxter
Title: Managing Director

Name of Lender:

AIM Floating Rate Fund
By: INVESCO Senior Secured Management, Inc.
As Sub-Advisor

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

Name of Lender:

Alaska State Pension Investment Board
AVAYA INC MASTER PENSION TRUST

BRIGGS & STRATTON RETIREMENT PLAN

JPMorgan Chase 401(K) Savings Plan

MACKAY SHIELDS STATUTORY TRUST - High Yield Corporate Bond Series

Federal Insurance Company

EA/Mackay High Yield Cayman Unit Trust

Fondation Lucie Et Andre Chagnon

EMPLOYEES' RETIREMENT FUND OF THE CITY OF FORT WORTH

ILLINOIS MUNICIPAL RETIREMENT FUND

LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT

POLICEMEN'S AND FIREFIGHTERS' RETIREMENT FUND

THE 1199 HEALTH CARE EMPLOYEES PENSION FUND

Employees' Retirement System of Rhode Island

HOUSTON POLICE OFFICERS' PENSION SYSTEM

CITY OF MEMPHIS RETIREMENT SYSTEM

Columbia Funds Master Investment Trust - Columbia High Income Bond Master Portfolio

Nations Separate Account Trust - High Yield Bond Portfolio

Board of Fire and Police Pension Commissioners of the City of Los Angeles





























By:

THE MAINSTAY FUNDS, ON BEHALF OF ITS HIGH YIELD CORPORATE BOND FUND SERIES

MainStay Diversified Income Fund

MAINSTAY VP SERIES FUND, INC. ON BEHALF OF ITS HIGH YIELD CORPORATE BOND PORTFOLIO

Rohm and Haas Defined Benefit Master Trust

FIRE & POLICE PENSION FUND, SAN ANTONIO

Southern California United Food & Commercial Workers Unions and Food Employers Joint Pension Trust Fund

Tennessee Valley Authority Master Decommissioning Trust

THE FINANCE COMMITTEE OF BOARD OF TRUSTEES OF THE WRITERS' GUILD INDUSTRY HEALTH FUND

MacKay Shields LLC
Its Investment Advisor

By: /s/ Lucille Protas

 

Name: Lucille Protas
Title: Senior Managing Director

Name of Lender:

By: Alzette European CLO S.A.
INVESCO Senior Secured Management, Inc.
as Collateral Manager

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

Name of Lender:

AMMC CLO III, Limited
By: American Money Management Corp., as Collateral Manager

By: /s/ Chester M. Eng

 

Name: Chester M. Eng
Title: Senior Vice President

Name of Lender:

AMMC CLO IV, Limited
By: American Money Management Corp., as Collateral Manager

By: /s/ Chester M. Eng

 

Name: Chester M. Eng
Title: Senior Vice President

Name of Lender:

AMMC CLO V, Limited
By: American Money Management Corp., as Collateral Manager

By: /s/ Chester M. Eng

 

Name: Chester M. Eng
Title: Senior Vice President

Name of Lender:

Apidos CDO I
By: Apidos Capital Management, LLC
its Investment Advisor

By: /s/ Anne McCarthy

 

Name: Anne McCarthy
Title: Senior Analyst and Senior VP

Name of Lender:

Apidos CDO II
By: Apidos Capital Management, LLC
its Investment Advisor

By: /s/ Anne McCarthy

 

Name: Anne McCarthy
Title: Senior Analyst and Senior VP

Name of Lender:

Apidos CDO III
By: Apidos Capital Management, LLC
its Investment Advisor

By: /s/ Anne McCarthy

 

Name: Anne McCarthy
Title: Senior Analyst and Senior VP

Name of Lender:

Ares V CLO Ltd.
 

By: Ares CLO Management V, L.P., Investment Manager

By: Ares CLO GP V, LLC, Its Managing Member

By: /s/ Seth J. Brufsky

 

Name: Seth J. Brufsky
Title: Vice President

Name of Lender:

Ares VI CLO Ltd.
 

By: Ares CLO Management VI, L.P., Investment Manager

By: Ares CLO GP VI, LLC,
Its Managing Member

By: /s/ Seth J. Brufsky

 

Name: Seth J. Brufsky
Title: Vice President

Name of Lender:

Ares VII CLO Ltd.
 

By: Ares CLO Management VII, L.P., Investment Manager

By: Ares CLO GP VII, LLC,
Its General Partner

By: /s/ Seth J. Brufsky

 

Name: Seth J. Brufsky
Title: Vice President

Name of Lender:

Ares IIR CLO Ltd.
 

By: Ares CLO Management IIR, L.P., Investment Manager

By: Ares CLO GP IIR, LLC,
Its General Partner

By: /s/ Seth J. Brufsky

 

Name: Seth J. Brufsky
Title: Vice President

Name of Lender:

Ares VIII CLO Ltd.
 

By: Ares CLO Management VIII, L.P., Investment Manager

By: Ares CLO GP VIII, LLC,
Its General Partner

By: /s/ Seth J. Brufsky

 

Name: Seth J. Brufsky
Title: Vice President

Name of Lender:

Ares IX CLO Ltd.
 

By: Ares CLO Management IX, L.P., Investment Manager

By: Ares CLO GP IX, LLC,
Its General Partner

By: /s/ Seth J. Brufsky

 

Name: Seth J. Brufsky
Title: Vice President

Name of Lender:

Ares X CLO Ltd.
 

By: Ares CLO Management X, L.P., Investment Manager

By: Ares CLO GP X, LLC,
Its General Partner

By: /s/ Seth J. Brufsky

 

Name: Seth J. Brufsky
Title: Vice President

Name of Lender:

ARES ENHANCED LOAN INVESTMENT STRATEGY, LTD.
 

By: Ares Enhanced Loan Management, L.P., Investment Manager

By: Ares Enhanced Loan GP, LLC
Its General Partner

By: /s/ Seth J. Brufsky

 

Name: Seth J. Brufsky
Title: Vice President

Name of Lender:

ARES ENHANCED LOAN INVESTMENT STRATEGY II, LTD.
 

By: Ares Enhanced Loan Management II, L.P., Investment Manager

By: Ares Enhanced Loan GP II, LLC
Its General Partner

By: /s/ Seth J. Brufsky

 

Name: Seth J. Brufsky
Title: Vice President

Name of Lender:

Atlas Loan Funding (Navigator), LLC
 

By: Atlas Capital Funding, Ltd.

By: Structured Asset Investors, LLC
Its Investment Manager

By: /s/ Bryan P. McGrath

 

Name: Bryan P. McGrath
Title: Vice President

Name of Lender:

Atrium II

By: /s/ Linda R. Karn

 

Name: Linda R. Karn
Title: Authorized Signatory

Name of Lender:

Atrium III

By: /s/ Linda R. Karn

 

Name: Linda R. Karn
Title: Authorized Signatory

Name of Lender:

Atrium CDO

By: /s/ Linda R. Karn

 

Name: Linda R. Karn
Title: Authorized Signatory

Name of Lender:

Augusta Trading LLC

By: /s/ Anna M. Tallent

 

Name: Anna M. Tallent
Title: Assistant Vice President

Name of Lender:

AVALON CAPITAL LTD.
 

By: INVESCO Senior Secured Management, Inc.
As Collateral Manager

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

Name of Lender:

AVALON CAPITAL LTD. 3
 

By: INVESCO Senior Secured Management, Inc.
As Collateral Manager

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

Name of Lender:

Sankaty Advisors, LLC as Collateral Manager for AVERY POINT CLO, LTD., as Term Lender

By: /s/ Diane J. Exter

 

Name: Diane J. Exter
Title: Managing Director
Portfolio Manager

Name of Lender:

Azure Funding

By: /s/ Eugene Caraus

 

Name: Eugene Caraus
Title: Attorney-in-fact

Name of Lender:

Bank of America, N.A.

By: /s/ Jonathan M. Barnes

 

Name: Jonathan M. Barnes
Title: Associate

Name of Lender:

Big Sky III Senior Loan Trust
 

By: Eaton Vance Management
as Investment Advisor

By: /s/ Michael B. Botthof

 

Name: Michael B. Botthof
Title: Vice President

Name of Lender:

Birchwood Funding LLC

By: /s/ Anna M. Tallent

 

Name: Anna M. Tallent
Title: Assistant Vice President

Name of Lender:

Black Diamond CLO 2005-1 Ltd.
 

By: Black Diamond Capital Management, L.L.C.
as its Collateral Manager

By: /s/ James J. Zenni, Jr.

 

Name: James J. Zenni, Jr.
Title: President & Managing Partner
Black Diamond Capital
Management, L.L.C.

Name of Lender:

Black Diamond CLO 2005-2 Ltd.
 

By: Black Diamond Capital Management, L.L.C.
as its Collateral Manager

By: /s/ James J. Zenni, Jr.

 

Name: James J. Zenni, Jr.
Title: President & Managing Partner
Black Diamond Capital
Management, L.L.C.

Name of Lender:

Blue Mountain CLO Ltd.

By: /s/ Kevin M. Sharkey

 

Name: Kevin M. Sharkey
Title: Operations Manager

Name of Lender:

Boldwater CBNA Loan Funding for itself or as agent for Boldwater CFPI Loan Funding LLC

By: /s/ Mikus N. Kins

 

Name: Mikus N. Kins
Title: Attorney-in-fact

Name of Lender:

Canadian Imperial Bank of Commerce

By: /s/ John O'Dowd

 

Name: John O'Dowd
Title: Authorized Signatory

By: /s/ Shira Aschkenasy

 

Name: Shira Aschkenasy
Title: Authorized Signatory

Name of Lender:

Carlyle High Yield Partners IV, Ltd.

By: /s/ Linda Pace

 

Name: Linda Pace
Title: Managing Director

Name of Lender:

Carlyle High Yield Partners VI, Ltd.

By: /s/ Linda Pace

 

Name: Linda Pace
Title: Managing Director

Name of Lender:

Carlyle High Yield Partners VII, Ltd.

By: /s/ Linda Pace

 

Name: Linda Pace
Title: Managing Director

Name of Lender:

Carlyle Loan Investment, Ltd.

By: /s/ Linda Pace

 

Name: Linda Pace
Title: Managing Director

Name of Lender:

Carlyle Loan Opportunity Fund

By: /s/ Linda Pace

 

Name: Linda Pace
Title: Managing Director

Name of Lender:

Castle Garden Funding

By: /s/ Linda Karn

 

Name: Linda R. Karn
Title: Authorized Signatory

Name of Lender:

Sankaty Advisors, LLC as Collateral Manager for Castle Hill I -
INGOTS, Ltd., as Term Lender

By: /s/ Diane J. Exter

 

Name: Diane J. Exter
Title: Managing Director
Portfolio Manager

Name of Lender:

Sankaty Advisors, LLC as Collateral Manager for Castle Hill II -
INGOTS, Ltd. as Term Lender

By: /s/ Diane J. Exter

 

Name: Diane J. Exter
Title: Managing Director
Portfolio Manager

Name of Lender:

Sankaty Advisors, LLC as Collateral Manager for Castle Hill III CLO, Limited, as Term Lender

By: /s/ Diane J. Exter

 

Name: Diane J. Exter
Title: Managing Director
Portfolio Manager

Name of Lender:

CHAMPLAIN CLO, LTD.

By: INVESCO Senior Secured Management, Inc.
As Collateral Manager

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

Name of Lender:

CHARTER VIEW PORTFOLIO

By: INVESCO Senior Secured Management, Inc.
As Investment Advisor

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

Name of Lender:

Chatham Light II CLO, Limited, by Sankaty Advisors LLC, as Collateral Manager

By: /s/ Diane J. Exter

 

Name: Diane J. Exter
Title: Managing Director
Portfolio Manager

Name of Lender:

Clydesdale CLO 2003, Ltd.

By: Nomura Corporate Research
and Asset Management Inc. as
Collateral Manager

By: /s/ Elizabeth MacLean

 

Name: Elizabeth MacLean
Title: Director

Name of Lender:

Clydesdale CLO 2004, Ltd.

By: Nomura Corporate Research
and Asset Management Inc. as
Collateral Manager

By: /s/ Elizabeth MacLean

 

Name: Elizabeth MacLean
Title: Director

Name of Lender:

Clydesdale CLO 2005, Ltd.

By: Nomura Corporate Research
and Asset Management Inc. as
Collateral Manager

By: /s/ Elizabeth MacLean

 

Name: Elizabeth MacLean
Title: Director

Name of Lender:

Clydesdale Strategic CLO I, Ltd.

By: Nomura Corporate Research
and Asset Management Inc. as
Collateral Manager

By: /s/ Elizabeth MacLean

 

Name: Elizabeth MacLean
Title: Director

Name of Lender:

COSTANTINUS EATON VANCE CDO V, LTD.
 

By: EATON VANCE MANAGEMENT AS INVESTMENT ADVISOR

By: /s/ Michael B. Botthof

 

Name: Michael B. Botthof
Title: Vice President

Name of Lender:

CS Advisors CLO I Ltd
 

By: Capital Source Advisors LLC, as Portfolio Manager and its Attorney-in-Fact

By: /s/ Matthew M. Gerdes

 

Name: Matthew M. Gerdes
Title: Vice President

Name of Lender:

CSAM Funding I

By: /s/ Linda R. Karn

 

Name: Linda R. Karn
Title: Authorized Signatory

Name of Lender:

CSAM Funding II

By: /s/ Linda R. Karn

 

Name: Linda R. Karn
Title: Authorized Signatory

Name of Lender:

CSAM Funding III

By: /s/ Linda R. Karn

 

Name: Linda R. Karn
Title: Authorized Signatory

Name of Lender:

CSAM Funding IV

By: /s/ Linda R. Karn

 

Name: Linda R. Karn
Title: Authorized Signatory

Name of Lender:

CSAM Syndicated Loan Fund

By: /s/ Linda R. Karn

 

Name: Linda R. Karn
Title: Authorized Signatory

Name of Lender:

CYPRESSTREE CLAIF FUNDING LLC

By: /s/ Anna M. Tallent

 

Name: Anna M. Tallent
Title: Assistant Vice President

Name of Lender:

Denali Capital LLC, managing member of DC Funding Partners LLC, portfolio manager for DENALI CAPITAL CLO I, LTD., or an affiliate

By: /s/ Nicole D. Kouba

 

Name: Nicole D. Kouba
Title: Vice President

Name of Lender:

Denali Capital LLC, managing member of DC Funding Partners LLC, portfolio manager for DENALI CAPITAL CLO II, LTD., or an affiliate

By: /s/ Nicole D. Kouba

 

Name: Nicole D. Kouba
Title: Vice President

Name of Lender:

Denali Capital LLC, managing member of DC Funding Partners LLC, portfolio manager for DENALI CAPITAL CLO III, LTD., or an affiliate

By: /s/ Nicole D. Kouba

 

Name: Nicole D. Kouba
Title: Vice President

Name of Lender:

Denali Capital LLC, managing member of DC Funding Partners, portfolio manager for DENALI CAPITAL CLO IV, LTD., or an affiliate

By: /s/ Nicole D. Kouba

 

Name: Nicole D. Kouba
Title: Vice President

Name of Lender:

Denali Capital LLC, managing member of DC Funding Partners, portfolio manager for DENALI CAPITAL CLO V, LTD., or an affiliate

By: /s/ Nicole D. Kouba

 

Name: Nicole D. Kouba
Title: Vice President

Name of Lender:

Denali Capital LLC, managing member of DC Funding Partners, portfolio manager for DENALI CAPITAL CREDIT OPPORTUNITY FUND FINANCING, LTD., or an affiliate

By: /s/ Nicole D. Kouba

 

Name: Nicole D. Kouba
Title: Vice President

Name of Lender:

Deutsche Bank AG New York Branch
 

By: DB Services New Jersey, Inc.

By: /s/ Jay Hopkins

 

Name: Jay Hopkins
Title: Assistant Vice President

By: /s/ Alice L. Wagner

 

Name: Alice L. Wagner
Title: Vice President

Name of Lender:

Deutsche Bank Trust Company Americas
 

By: DB Services New Jersey, Inc.

By: /s/ Jay Hopkins

 

Name: Jay Hopkins
Title: Assistant Vice President

 

By: /s/ Alice L. Wagner

 

Name: Alice L. Wagner
Title: Vice President

Name of Lender:

DIVERSIFIELD CREDIT PORTFOLIO LTD.
 

By: INVESCO Senior Secured Management, Inc. as Investment Adviser

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

Name of Lender:

Dresdner Bank AG, New York and Grand Cayman Branches

By: /s/ Jeannine Amodeo

 

Name: Jeannine Amodeo
Title: Director

By: /s/ Brian Schneider

 

Name: Brian Schneider
Title: Vice President

Name of Lender:

DUNES FUNDING LLC

By: /s/ Anna M. Tallent

 

Name: Anna M. Tallent
Title: Assistant Vice President

Name of Lender:

EAGLE LOAN TRUST
 

By: Stanfield Capital Partners, LLC
as its Collateral Manager

By: /s/ Christopher E. Jansen

 

Name: Christopher E. Jansen
Title: Managing Partner

Name of Lender:

EATON VANCE CDO VI LTD.
 

By: EATON VANCE CDO VI LTD.
AS INVESTMENT ADVISOR

By: /s/ Michael B. Botthof

 

Name: Michael B. Botthof
Title: Vice President

Name of Lender:

EATON VANCE FLOATING-RATE INCOME TRUST
 

By: EATON VANCE MANAGEMENT
AS INVESTMENT ADVISOR

By: /s/ Michael B. Botthof

 

Name: Michael B. Botthof
Title: Vice President

Name of Lender:

EATON VANCE INSTITUTIONAL SENIOR LOAN FUND
 

By: EATON VANCE MANAGEMENT
AS INVESTMENT ADVISOR

By: /s/ Michael B. Botthof

 

Name: Michael B. Botthof
Title: Vice President

Name of Lender:

EATON VANCE LIMITED DURATION INCOME FUND
 

By: EATON VANCE MANAGEMENT
AS INVESTMENT ADVISOR

By: /s/ Michael B. Botthof

 

Name: Michael B. Botthof
Title: Vice President

Name of Lender:

EATON VANCE SENIOR FLOATING-RATE TRUST
 

By: EATON VANCE MANAGEMENT
AS INVESTMENT ADVISOR

By: /s/ Michael B. Botthof

 

Name: Michael B. Botthof
Title: Vice President

Name of Lender:

EATON VANCE SENIOR INCOME TRUST
 

By: EATON VANCE MANAGEMENT
AS INVESTMENT ADVISOR

By: /s/ Michael B. Botthof

 

Name: Michael B. Botthof
Title: Vice President

Name of Lender:

EATON VANCE SHOT DURATION DIVERSIFIED INCOME FUND

By: /s/ Michael B. Botthof

 

Name: Michael B. Botthof
Title: Vice President

Name of Lender:

EATON VANCE VARIABLE LEVERAGE FUND LTD.
 

By: EATON VANCE MANAGEMENT
AS INVESTMENT ADVISOR

By: /s/ Michael B. Botthof

 

Name: Michael B. Botthof
Title: Vice President

Name of Lender:

ELF Funding Trust III
 

By: New York Life Investment Management LLC, as Attorney-in-Fact

By: /s/ Robert H. Dial

 

Name: Robert H. Dial
Title: Managing Director

Name of Lender:

Emerald Orchard Limited

By: /s/ Arlene Arellano

 

Name: Arlene Arellano
Title: Loan Officer

Name of Lender:

Employers Insurance Company of Wausau
 

By: Highland Capital Management, L.P., Its Investment Advisor
 

By: Strand Advisors, Inc., Its General Partner

By: /s/ Chad Schramek

 

Name: Chad Schramek
Title: Assistant Treasurer of Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.

Name of Lender:

Essex Park CDO Ltd.
 

By: Blackstone Debt Advisors L.P.
As Collateral Manager

By: /s/ Dean T. Criares

 

Name: Dean T. Criares
Title: Sr. Managing Director

Name of Lender:

Evergreen CBNA Loan Funding for itself or as agent for Evergreen CFPI Loan Funding LLC

By: /s/ Mikus N. Kins

 

Name: Mikus N. Kins
Title: Attorney-In-Fact

Name of Lender:

Fairway Loan Funding Company
 

By: Pacific Investment Management Company LLC,
as its Investment Advisor

By: /s/ Mohan V. Phansalkar

 

Name: Mohan V. Phansalkar
Title: Managing Director

Name of Lender:

First Trust/Highland Capital Floating Rate Income Fund

By: /s/ Mark Okada

 

Name: Mark Okada
Title: Executive Vice President

Name of Lender:

Forest Hills Blocker Ltd.

By: /s/ Jodye N. Anzalotta

 

Name: Jodye N. Anzalotta
Title: Attorney-In-Fact

Name of Lender:

Founders Grove CLO, Ltd.
 

By: Tall Tree Investment Management, LLC
as Collateral Manager

By: /s/ Michael J. Starshak, Jr.

 

Name: Michael J. Starshak, Jr.
Title: Officer

Name of Lender:

Four Corners CLO II

By: /s/ Matthey Massier

 

Name: Matthew Massier
Title: As Attorney-In-Fact

Name of Lender:

First Trust/Four Corners Senior Floating Rate Income Fund, as Lender
 

By: Four Corners Capital Management LLC,
As Sub-Adviser

By: /s/ Drew Sweeney

 

Name: Drew Sweeney
Title: Senior Vice President

Name of Lender:

Security Income Fund- Income Opportunity Series, as Lender
 

By: Four Corners Capital Management LLC, As Sub-Adviser

By: /s/ Drew Sweeney

 

Name: Drew Sweeney
Title: Senior Vice President

Name of Lender:

First Trust/Four Corners Senior Floating Rate Income Fund II, as Lender
 

By: Four Corners Capital Management LLC, As Sub-Adviser

By: /s/ Drew Sweeney

 

Name: Drew Sweeney
Title: Senior Vice President

Name of Lender:

Four Corners CLO 2005-I, LTD., as Lender
 

By: Four Corners Capital Management LLC, As Collateral Manager

By: /s/ Drew Sweeney

 

Name: Drew Sweeney
Title: Senior Vice President

Name of Lender:

Fortress Portfolio Trust, as Lender
 

By: Four Corners Capital Management LLC, As Investment Manager

By: /s/ Drew Sweeney

 

Name: Drew Sweeney
Title: Senior Vice President

Name of Lender:

Franklin CLO II, Limited

By: /s/ Alex Guang Yu

 

Name: Alex Guang Yu
Title: Authorized Signatory

Name of Lender:

Franklin CLO IV, Limited

By: /s/ Alex Guang Yu

 

Name: Alex Guang Yu
Title: Authorized Signatory

Name of Lender:

Franklin CLO V, Limited

By: /s/ Alex Guang Yu

 

Name: Alex Guang Yu
Title: Authorized Signatory

Name of Lender:

Franklin Floating Rate Daily Access Fund

By: /s/ Richard Hsu

 

Name: Richard Hsu
Title: Asst. Vice President

Name of Lender:

Franklin Floating Rate Master Series

By: /s/ Richard Hsu

 

Name: Richard Hsu
Title: Asst. Vice President

Name of Lender:

Franklin Strategic Income Fund (Canada)

By: /s/ Richard Hsu

 

Name: Richard Hsu
Title: Asst. Vice President

Name of Lender:

Franklin Strategic Series-Frankin Strategic Income Fund

By: /s/ Richard Hsu

 

Name: Richard Hsu
Title: Asst. Vice President

Name of Lender:

Franklin Templeton Lim. Duration Income Trust

By: /s/ Richard Hsu

 

Name: Richard Hsu
Title: Asst. Vice President

Name of Lender:

Franklin Templeton Variable Insurance Products Trust- Franklin Strategic Income Securities Fund

By: /s/ Richard Hsu

 

Name: Richard Hsu
Title: Asst. Vice President

Name of Lender:

FRASER SULLIVAN CLO I, LTD.
 

By: Fraser Sullivan Investment Management, LLC, as Ramp Up Investment Manager

By: /s/ John W. Fraser

 

Name: John W. Fraser
Title: Managing Partner

Name of Lender:

Galaxy III CLO, Ltd.

By: AIG Global Investment Corp. its Collateral Manager
 

By: /s/ W. Jeffrey Baxter
 

Name: W. Jeffrey Baxter
 

Title: Managing Director

 

Name of Lender:

Galaxy IV CLO, Ltd.
   

By: AIG Global Investment Corp. its Collateral Manager
 

By: /s/ W. Jeffrey Baxter
 

Name: W. Jeffrey Baxter

Title: Managing Director

 

Name of Lender:

Galaxy V CLO, Ltd.

By: AIG Global Investment Corp.

its Collateral Manager
 

By: /s/ W. Jeffrey Baxter
 

Name: W. Jeffrey Baxter

Title: Managing Director

 

Name of Lender:

Galaxy CLO 2003-1, Ltd.

By: AIG Global Investment Corp.

its Collateral Manager
 

By: /s/ W. Jeffrey Baxter
 

Name: W. Jeffrey Baxter

Title: Managing Director

 

Name of Lender:

Gleneagles CLO, Ltd.
   

By: Highland Capital Management, L.P., As Collateral Manager
 

By: Strand Advisors, Inc., Its General Partner
 

By: /s/ Chad Schramek
 

Name: Chad Schramek
 

Title: Assistant Treasurer

Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.

 

Name of Lender:

Global Enhanced Loan Fund S.A.

By: Pacific Investment Management Company LLC, as its Investment Advisor
 

By: /s/ Mohan V. Phansalkar
 

Name: Mohan V. Phansalkar

Title: Managing Director

 

Name of Lender:

Grand Central Asset Trust, ARL Series
 

By: /s/ Mikus N. Kins
 

Name: Mikus N. Kins

Title: Attorney-in-fact

 

Name of Lender:

Grand Central Asset Trust, BDC Series
 

By: /s/ Mikus N. Kins
 

Name: Mikus N. Kins

Title: Attorney-in-fact

 

Name of Lender:

Grand Central Asset Trust, HLD Series
 

By: /s/ Mikus N. Kins
 

Name: Mikus N. Kins

Title: Attorney-in-fact

 

Name of Lender:

Grand Central Asset Trust, SOLA Series
 

By: /s/ Mikus N. Kins
 

Name: Mikus N. Kins

Title: Attorney-in-fact

 

Name of Lender:

Grayson & Co

By: BOSTON MANAGEMENT AND RESEARCH AS INVESTMENT ADVISOR
 

By: /s/ Michael B. Botthof
 

Name: Michael B. Botthof

Title: Vice President

 

Name of Lender:

Hanover Square CLO Ltd.
 

By: Blackstone Debt Advisors L.P.

as Collateral Manager
 

By: /s/ Dean T. Criares
 

Name: Dean T. Criares

Title: Sr. Managing Director

 

Name of Lender:

HARBOUR TOWN FUNDING LLC
 

By: /s/ Anna M. Tallent
 

Name: Anna M. Tallent

Title: Assistant Vice President

 

Name of Lender:

Hewett's Island CLO II, Ltd.
 

By: CypressTree Investment Management Company, Inc., as Portfolio Manager
 

By: /s/ Preston I. Carnes

 

Name: Preston I. Carnes

Title: Managing Director

 

Name of Lender:

Hewett's Island CLO III, Ltd.
 

By: CypressTree Investment Management Company, Inc., as Portfolio Manager
 

By: /s/ Robert Weeden

 

Name: Robert Weeden

Title: Managing Director

 

Name of Lender:

Hewett's Island CLO IV, Ltd.
 

By: CypressTree Investment Management Company, Inc., as Portfolio Manager
 

By: /s/ Robert Weeden
 

Name: Robert Weeden

Title: Managing Director

 

Name of Lender:

Hibiscus CBNA Loan Funding LLC, for itself or as agent for Hibiscus CFPI Loan Funding LLC
 

By: /s/ Mikus N. Kins
 

Name: Mikus N. Kins

Title: Attorney-in-fact

 

Name of Lender:

Highland Credit Opps CDO Ltd.
 

By: /s/ Darron Britt

 

Name: Darron Britt

Title: Attorney-in-fact

 

Name of Lender:

Highland Floating Rate Advantage Fund
 

By: /s/ Mark Okada
 

Name: Mark Okada

Title: Executive Vice President

 

Name of Lender:

Highland Floating Rate LLC
 

By: /s/ Mark Okada
 

Name: Mark Okada

Title: Executive Vice President

 

Name of Lender:

Highland Loan Funding V Ltd.
 

By: Highland Capital Management, L.P.,
As Collateral Manager
 

By: Strand Advisors, Inc., Its General Partner
 

By: /s/ Chad Schramek
 

Name: Chad Schramek

Title: Assistant Treasurer

Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.

 

Name of Lender:

ING Capital LLC
 

By: /s/ Neil De La Cruz
 

Name: Neil De La Cruz

Title: Director

 

Name of Lender:

INVESTORS BANK & TRUST COMPANY AS SUB-CUSTODIAN AGENT OF CYPRESSTREE INTERNATIONAL LOAN HOLDING COMPANY LIMITED
 

By: /s/ Martha Hadeler
 

Name: Martha Hadeler

Title: Managing Director
 

By: /s/ John Frabotta
 

Name: John Frabotta

Title: Managing Director

 

Name of Lender:

By: Jasper CLO Ltd.
 

By: Highland Capital Management, L.P.,

As Collateral Manager

Strand Advisors, Inc., Its General Partner
 

By: /s/ Chad Schramek
 

Name: Chad Schramek

Title: Assistant Treasurer

Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.

 

Name of Lender:

Katonah III, Ltd. by Sankaty
Advisors LLC as Sub-Advisors
 

By: /s/ Diane J. Exter

 

Name: Diane J. Exter
Title: Managing Director
Portfolio Manager

 

Name of Lender:

Katonah IV, Ltd. by Sankaty
Advisors, LLC as Sub-Advisors
 

By: /s/ Diane J. Exter

 

Name: Diane J. Exter
Title: Managing Director
Portfolio Manager

 

Name of Lender:

KATONAH V, LTD.
 

By: INVESCO Senior Secured Management, Inc.
As Investment Manager
   
 

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

 

Name of Lender:

Key Bank National Association

   
   
 

By: /s/ Carla Laning

 

Name: Carla Laning
Title: Vice President

 

Name of Lender:

Kitty Hawk Trust
   
 

By: /s/ Kevin Egar

 

Name: Kevin Egar

Title: Executive Director

 

Name of Lender:

KKR Financial CLO 2005-1, Ltd.
 

KKR Financial CLO 2005-2, Ltd.
   
   
 

By: /s/ Stefanie Rosenberg
 

Name: Stefanie Rosenberg

Title: Authorized Signatory

 

Name of Lender:

KNIGHT CBNA LOAN FUNDING
KNIGHT CFPI LOAN FUNDING LLC

Knight CBNA Loan Funding LLC, for itself or as Agent for Knight CFPI Loan Funding LLC

 

By: /s/ Matthew Massier

 

Name: Matthew Massier

Title: As Attorney In Fact

 

Name of Lender:

KZH Soleil LLC
   
 

By: /s/ Wai Kee Lee

 

Name: Wai Kee Lee

Title: Authorized Agent

 

Name of Lender:

KZH Soleil-2 LLC
   
 

By: /s/ Wai Kee Lee

 

Name: Wai Kee Lee

Title: Authorized Agent

 

Name of Lender:

Lafayette Square CDO Ltd.
for itself or as agent for Lafayette Square CDO Ltd.
   
 

By: /s/ Dean T. Criares

 

Name: Dean T. Criares

Title: Sr. Managing Director

Name of Lender:

Landmark VI CDO Limited
   
 

By: /s/ John J. D'Angelo

 

Name: John J. D'Angelo
Title: Authorized Signatory

Name of Lender:

LATITUDE CLO I LTD
   
 

By: /s/ Kirk Wallace

 

Name: Kirk Wallace
Title: Vice President

Name of Lender:

Liberty CLO, Ltd.
   
 

By: Highland Capital Management, L.P.
As Collateral Manager
   
 

By: Strand Advisors, Inc., its General Partner
   
 

By: /s/ Chad Schramek
 

Name: Chad Schramek
Title: Assistant Treasurer

Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.

 

Name of Lender:

Liberty Mutual Fire Insurance Company
   
 

By: Highland Capital Management, L.P.
Its Investment Advisor

   
 

By: Strand Advisors, Inc., its General Partner
   
 

By: /s/ Chad Schramek
 

Name: Chad Schramek
Title: Assistant Treasurer

Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.

 

Name of Lender:

Liberty Mutual Insurance Company.
 

By: Highland Capital Management, L.P.
Its Investment Advisor

   
 

By: Strand Advisors, Inc., its General Partner
   
 

By: /s/ Chad Schramek
 

Name: Chad Schramek
Title: Assistant Treasurer

Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.

Name of Lender:

Light Point CLO 2004-1 Ltd.
   

Name of Lender:

Premium Loan Trust I, Ltd.
   

Name of Lender:

Light Point CLO III, Ltd.
   

Name of Lender:

Light Point CLO IV, Ltd.
   

Name of Lender:

Light Point CLO V, Ltd.
   
 

By: /s/ Timothy S. Van Kirk

 

Name: Timothy S. Van Kirk
Title: Managing Director

 

Name of Lender:

Loan Funding III LLC

 

By: Pacific Investment Management Company LLC,
as its Investment Advisor

   
 

By: /s/ Mohan V. Phansalkar

 

Name: Mohan V. Phansalkar

Title: Managing Director

 

Name of Lender:

Loan Funding IV LLC

 

By: Highland Capital Management, L.P.,
As Collateral Manager
 

By: Strand Advisors, Inc., Its General Partner
 

By: /s/ Chad Schramek

 

Name: Chad Schramek
Title: Assistant Treasurer

Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.

 

Name of Lender:

Loan Funding VI LLC,
for itself or as agent for
Corporate Loan Funding VI LLC
 

By: /s/ Dean T. Criares

 

Name: Dean T. Criares
Title: Sr. Managing Director

Name of Lender:

Loan Funding VII LLC

 

By: Highland Capital Management, L.P.,
As Collateral Manager
 

By: Strand Advisors, Inc., Its General Partner
 

By: /s/ Chad Schramek

 

Name: Chad Schramek
Title: Assistant Treasurer

Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.

 

Name of Lender:

Loan Funding IX LLC,

For itself or as agent for Corporate Loan Funding IX LLC
 

By: INVESCO Senior Secured Management, Inc, As Portfolio Manager
   
 

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

 

Name of Lender:

Sankaty Advisors, LLC, as Collateral Manager for Loan Funding XI LLC, as Term Lender
 

By: /s/ Diane J. Exter

 

Name: Diane J. Exter
Title: Managing Director
Portfolio Manager

 

Name of Lender:

Loan Star State Trust
 

By: Highland Capital Management, L.P.,
As Collateral Manager
 

By: Strand Advisors, Inc., Its Investment Advisor
 

By: /s/ Chad Schramek

 

Name: Chad Schramek
Title: Assistant Treasurer

Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.

 

Name of Lender:

Long Lane Master Trust IV
 

By: /s/ Anna M. Tallent

 

Name: Anna M. Tallent
Title: Authorized Agent

 

Name of Lender:

Madison Park Funding I, Ltd
 

By: /s/ Linda R. Karn

 

Name: Linda R. Karn
Title: Authorized Signatory

 

Name of Lender:

MainStay Floating Rate Fund, a series of Eclipse Funds, Inc.
 

By: New York Life Investment Management LLC
   
 

By: /s/ Robert H. Dial

 

Name: Robert H. Dial
Title: Managing Director

 

Name of Lender:

MainStay VP Floating Rate Portfolio, a series of MainStay VP Series Fund, Inc.
   
 

By: New York Life Investment Management LLC
   
 

By: /s/ Robert H. Dial

 

Name: Robert H. Dial
Title: Managing Director

 

Name of Lender:

Marathon CLO I LTD.
 

By: /s/ Louis T. Hanover

 

Name: Louis T. Hanover
Title: Authorized Signatory

 

Name of Lender:

Marathon CLO II LTD.
 

By: /s/ Louis T. Hanover

 

Name: Louis T. Hanover
Title: Authorized Signatory

 

Name of Lender:

Marathon Special Opportunity Master Fund, LTD
 

By: /s/ Louis T. Hanover

 

Name: Louis T. Hanover
Title: Authorized Signatory

 

Name of Lender:

Metropolitan West Asset Mgmt
High Yield Bond Fund
 

By: /s/ Joseph D. Hattesohl

 

Name: Joseph D. Hattesohl

Title: CFO
 

By: Metropolitan West Asset Management, LLC,

Joseph D. Hattesohl CFO

 

Name of Lender:

MFS Floating Rate High Income Fund
   
   
 

By: /s/ Philip Robbins

 

Name: Philip Robbins
Title: Vice President

 

Name of Lender:

MFS Floating Rate Income Fund
 

By: /s/ Philip Robbins

 

Name: Philip Robbins
Title: Vice President

 

Name of Lender:

Monument Park CDO Ltd.
   
 

By: Blackstone Debt Advisors L.P.

As Collateral Manager
 

By: /s/ Dean T. Criares

 

Name: Dean T. Criares

Title: Sr. Managing Director

 

Name of Lender:

Morgan Stanley Prime Income Trust
 

By: /s/ Kevin Egan

 

Name: Kevin Egan
Title: Executive Director

 

Name of Lender:

MOSELLE CLO S.A.
   
 

By: INVESCO Senior Secured Management, Inc.
As Collateral Manager
 

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

 

Name of Lender:

MSIM Croton Ltd.
 

By: /s/ Kevin Egan

 

Name: Kevin Egan
Title: Executive Director

 

Name of Lender:

Mt. Wilson CLO, Ltd.
 

By: /s/ Timothy J. Settel

 

Name: Timothy J. Settel
Title: Authorized Signatory

 

Name of Lender:

Nantucket CLO I Ltd.
 

By: Fortis Investment Management USA, Inc.,
 

as Attorney-in-Fact
 

By: /s/ Jeffrey Megar

 

Name: Jeffrey Megar
Title: Vice President

 

Name of Lender:

NAUTIQUE FUNDING LTD.
   
 

By: INVESCO Senior Secured Management, Inc.
 

As Collateral Manager
   
 

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

 

Name of Lender:

NORAM Senior Loan Trust 2005
   
 

By: NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. AS INVESTMENT ADVISER
   
   
 

By: /s/ Elizabeth MacLean

 

Name: Elizabeth MacLean
Title: Director

 

Name of Lender:

New York Life Insurance and Annuity Corporation
   
 

By: New York Life Investment Management LLC,
 

its Investment Manager
   
 

By: /s/ Robert H. Dial

 

Name: Robert H. Dial
Title: Managing Director

 

Name of Lender:

New York Life Insurance Company
   
   
 

By: /s/ Robert H. Dial

 

Name: Robert H. Dial
Title: Vice President

 

Name of Lender:

NobHill CLO, Limited
   
   
 

By: /s/ Bradley Kane

 

Name: Bradley Kane
Title: PM

 

 

Name of Lender:

Nomura Bond & Loan Fund
   
 

By: UFJ Trust Bank Limited as Trustee
 

By: Nomura Corporate Research and

Asset Management, Inc.

Attorney in Fact
 

By: /s/ Elizabeth MacLean

 

Name: Elizabeth MacLean
Title: Director

 

Name of Lender:

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
   
 

By: /s/ Michael B. Botthof
 

Name: Michael B. Botthof
Title: Vice President

 

Name of Lender:

NYLIM Flatiron CLO 2003-1 Ltd.
   
 

By: New York Life Investment Management LLC, as Collateral Manager and
Attorney-in-fact
   
 

By: /s/ Robert H. Dial
 

Name: Robert H. Dial
Title: Managing Director

 

Name of Lender:

NYLIM Flatiron CLO 2004-1 Ltd.
   
 

By: New York Life Investment Management LLC, as Collateral Management and
Attorney-in-fact
   
 

By: /s/ Robert H. Dial
 

Name: Robert H. Dial
Title: Managing Director

 

Name of Lender:

NYLIM Flatiron CLO 2005-1 Ltd.
   
 

By: New York Life Investment Management LLC, as Collateral Management and
Attorney-in-fact
   
 

By: /s/ Robert H. Dial
 

Name: Robert H. Dial
Title: Managing Director

 

Name of Lender:

NYLIM Institutional Floating Rate Fund L.P.
   
 

By: New York Life Investment Management LLC, its Investment Manager
   
 

By: /s/ Robert H. Dial
 

Name: Robert H. Dial
Title: Managing Director

 

Name of Lender:

OAK HILL CREDIT PARTNERS I, LIMITED
   
 

By: Oak Hill CLO Management I, LLC
 

As Investment Manager
   
   
 

By: /s/ Scott D. Krase
 

Name: Scott D. Krase
Title: Authorized Person

 

Name of Lender:

OAK HILL CREDIT PARTNERS II, LIMITED
   
 

By: Oak Hill CLO Management II, LLC
 

As Investment Manager
   
   
 

By: /s/ Scott D. Krase
 

Name: Scott D. Krase
Title: Authorized Person

 

Name of Lender:

OAK HILL CREDIT PARTNERS III, LIMITED
   
 

By: Oak Hill CLO Management III, LLC
 

As Investment Manager
 

By: /s/ Scott D. Krase
 

Name: Scott D. Krase
Title: Authorized Person

 

Name of Lender:

OAK HILL CREDIT PARTNERS IV, LIMITED
   
 

By: Oak Hill CLO Management IV, LLC
 

As Investment Manager
   
   
 

By: /s/ Scott D. Krase
 

Name: Scott D. Krase
Title: Authorized Person

 

Name of Lender:

OAK HILL SECURITIES FUND, L.P.
   
 

By: Oak Hill Securities GenPar, L.P.

 

its General Partner
   
 

By: Oak Hill Securities MGP, Inc.
 

its General Partner
   
 

By: /s/ Scott D. Krase
 

Name: Scott D. Krase
Title: Vice President

 

SMBC MVI SPC,
 

on behalf of and for the account of Segregated Portfolio No. 1
 

By: Oak Hill Separate Account Management I, LLC
 

As Investment Manager
 

Name: Scott D. Krase
Title: Authorized Person

 

Name of Lender:

OAK HILL SECURITIES FUND II, L.P.

   
 

By: Oak Hill Securities GenPar II, L.P.
 

its General Partner
   
 

By: Oak Hill Securities MGP II, Inc.,
 

its General Partner
   
 

By: /s/ Scott D. Krase
 

Name: Scott D. Krase
Title: Vice President

 

Name of Lender:

Oligra 43
   
   
 

By: /s/ Karen Thompson
 

Name: Karen Thompson
Title: Loans Officer

 

Name of Lender:

Pacifica CDO II, Ltd.
   
   
 

By: /s/ Amy Adler
 

Name: Amy Adler
Title: Associate

 

Name of Lender:

Pacifica CDO III, Ltd.
   
   
 

By: /s/ Amy Adler
 

Name: Amy Adler
Title: Associate

 

Name of Lender:

Pacifica CDO IV, Ltd.
   
   
 

By: /s/ Amy Adler
 

Name: Amy Adler
Title: Associate

 

Name of Lender:

Pacifica CDO V, Ltd.
   
   
 

By: /s/ Amy Adler
 

Name: Amy Adler
Title: Associate

 

Name of Lender:

PETRUSSE EUROPEAN CLO S.A.
   
 

By: INVESCO Senior Secured Management, Inc.
 

As Collateral Manager
   
   
 

By: /s/ Joseph Rotondo
 

Name: Joseph Rotondo
Title: Authorized Signatory

 

Name of Lender:

PIMCO Floating Income Fund
   
 

By: Pacific Investment Management Company LLC, as its Investment Advisor, acting through Investors Fiduciary Trust Company in the Nominee Name of IFTCO
 

By: /s/ Mohan V. Phansalkar
 

Name: Mohan V. Phansalkar
Title: Managing Director

 

Name of Lender:

PIMCO Floating Rate Strategy Fund
   
 

By: Pacific Investment Management Company LLC, as its Investment Advisor, acting through Investors Fiduciary Trust Company in the Nominee Name of IFTCO
 

By: /s/ Mohan V. Phansalkar
 

Name: Mohan V. Phansalkar
Title: Managing Director

 

Name of Lender:

Pioneer Floating Rate Trust
   
   
 

By: /s/ Mark Okada

 

Name: Mark Okada
Title: Executive Vice President

 

Name of Lender:

PPM MONARCH BAY FUNDING LLC
   
   
 

By: /s/ Anna M. Tallent
 

Name: Anna M. Tallent
Title: Assistant Vice President

 

Name of Lender:

PPM SHADOW CREEK FUNDING LLC
   
   
 

By: /s/ Anna M. Tallent
 

Name: Anna M. Tallent
Title: Assistant Vice President

 

Name of Lender:

PPM SPYGLASS FUNDING TRUST
   
   
 

By: /s/ Anna M. Tallent
 

Name: Anna M. Tallent
Title: Authorized Agent

 

Name of Lender:

Prospect Park CDO Ltd.
   
 

Blackstone Debt Advisors L.P.
 

As Collateral Manager
   
 

By: /s/ Dean T. Criares
 

Name: Dean T. Criares
Title: Sr. Managing Director

 

Name of Lender:

Sankaty Advisors, LLC as Collateral Manager for Race Point CLO, Limited, as Term Lender
   
   
 

By: /s/ Diane J. Exter
 

Name: Diane J. Exter
Title: Managing Director
Portfolio Manager

 

Name of Lender:

Sankaty Advisors, LLC as Collateral Manager for Race Point II CLO, Limited, as Term Lender
   
   
 

By: /s/ Diane J. Exter
 

Name: Diane J. Exter
Title: Managing Director
Portfolio Manager

 

Name of Lender:

Sankaty Advisors, LLC as Collateral Manager for Race Point III CLO, Ltd, as Term Lender
   
   
 

By: /s/ Diane J. Exter
 

Name: Diane J. Exter
Title: Managing Director
Portfolio Manager

 

Name of Lender:

Raven Credit Opportunities
Master Fund Ltd
   
   
 

By: /s/ Kevin Gerlitz
 

Name: Kevin Gerlitz
Title: CFO/COO

 

Name of Lender:

RED FOX FUNDING LLC
   
   
 

By: /s/ Anna M. Tallent
 

Name: Anna M. Tallent
Title: Assistant Vice President

 

Name of Lender:

Retail Investors II Trust
   
 

By: Wilmington Trust Company,
 

not in its individual capacity,
but solely as Owner Trustee
   
   
 

By: /s/ Joseph B. Feil
 

Name: Joseph B. Feil
Title: Assistant Vice President

 

Name of Lender:

RIVIERA FUNDING LLC
   
   
 

By: /s/ Anna M. Tallent
 

Name: Anna M. Tallent
Title: Assistant Vice President

 

Name of Lender:

Rockwall CDO LTD.
   
 

By: Highland Capital Management, L.P.,
 

As Collateral Manager
 

By: Strand Advisors, Inc., its General Partner
 

By: /s/ Chad Schramek
 

Name: Chad Schramek
Title: Assistant Treasurer Strand

Advisors, Inc., General Partner of Highland Capital Management, L.P.

 

Name of Lender:

Rosedale CLO, Ltd.
 

By: Princeton Advisory Group Inc., the Collateral Manager acting as attorney
 

By: /s/ Jennifer Wright
 

Name: Jennifer Wright
Title: Vice President

 

Name of Lender:

SAGAMORE CLO LTD.
 

INVESCO Senior Secured Management, Inc.
 

As Collateral Manager
   
 

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

 

Name of Lender:

SARATOGA CLO I, LIMITED
 

By: INVESCO Senior Secured Management, Inc.
 

As Asset Manager
 

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

 

Name of Lender:

Saturn Trust
   
   
 

By: AIG Global Investment Corp., Inc.,
 

its Investment Advisor
   
 

By: /s/ W. Jeffrey Baxter
 

Name: W. Jeffrey Baxter
Title: Managing Director

 

Name of Lender:

SEI GLOBAL MASTER FUND HIGH YIELD
 

Metropolitan West Asset Management, LLC, as agent
Joseph D. Hattesohl

CFO
 

By: /s/ Joseph D. Hattesohl
 

Name: Joseph D. Hattesohl
Title: CFO

 

Name of Lender:

SEI INSTITUTIONAL MANAGED TRUST HIGH YIELD BOND FUND
 

Metropolitan West Asset Management, LLC,
as agent
 

Joseph D. Hattesohl
 

CFO
 

By: /s/ Joseph D. Hattesohl
 

Name: Joseph D. Hattesohl
Title: CFO

 

Name of Lender:

Seix Structured Products LLC, mv1
   
 

By: /s/ George Goudelias
 

Name: George Goudelias
Title: Managing Director

 

Name of Lender:

Seminole Funding LLC

By: /s/ Anna M. Tallent

 

Name: Anna M. Tallent
Title: Assistant Vice President

Name of Lender:

SENIOR DEBT PORTOLIO
by: Boston Management and Research as Investment Advisor

By: /s/ Michael B. Botthof

 

Name: Michael B. Botthof
Title: Vice President

Name of Lender:

SEQUILS-LIBERTY, LTD.
By: INVESCO Senior Secured Management, Inc.
As Collateral Manager

By: /s/ Joseph Rotondo

 

Name: Joseph Rotondo
Title: Authorized Signatory

Name of Lender:

SOL Loan Funding LLC for itself or as agent for SOL2 Loan Funding LLC

By: /s/ Mikus N. Kins

 

Name: Mikus N. Kins
Title: Attorney-in-fact

Name of Lender:

Southfork CLO, Ltd.
By: Highland Capital Management, L.P.
As Collateral Manager
By: Strand Advisors Inc., Its General Partner

By: /s/ Chad Schramek

 

Name: Chad Schramek
Title: Assistant Treasurer
Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.

Name of Lender:

Southport CLO, Limited
Pacific Investment Management Company LLC, as its Investment Advisor

By: /s/ Mohan V. Phansalkar

 

Name: Mohan V. Phansalkar
Title: Managing Director

Name of Lender:

Sovereign Bank

By: /s/ Kenneth Weber

 

Name: Kenneth Weber
Title: Senior Vice President

Name of Lender:

Stanfield Arbitrage CDO, Ltd.
By: Stanfield Capital Partners LLC as its Collateral Manager

By: /s/ Christopher E. Jansen

 

Name: Christopher E. Jansen
Title: Managing Partner

Name of Lender:

Stanfield AZURE CLO, Ltd.
By: Stanfield Capital Partners, LLC as its Collateral Manager

By: /s/ Christopher E. Jansen

 

Name: Christopher E. Jansen
Title: Managing Partner

Name of Lender:

Stanfield Bristol CLO, Ltd.
By: Stanfield Capital Partners LLC as its Collateral Manager

By: /s/ Christopher E. Jansen

 

Name: Christopher E. Jansen
Title: Managing Partner

Name of Lender:

Stanfield Carrera CLO Ltd.
By: Stanfield Capital Partners LLC as its Asset Manager

By: /s/ Christopher E. Jansen

 

Name: Christopher E. Jansen
Title: Managing Partner

Name of Lender:

Stanfield Modena CLO, Ltd.
By: Stanfield Capital Partners, LLC as its Asset Manager

By: /s/ Christopher E. Jansen

 

Name: Christopher E. Jansen
Title: Managing Partner

Name of Lender:

Stanfield Quattro CLO, Ltd.
By: Stanfield Capital Partners, LLC as its Collateral Manager

By: /s/ Christopher E. Jansen

 

Name: Christopher E. Jansen
Title: Managing Partner

Name of Lender:

Stanfield Vantage CLO, Ltd.
By: Stanfield Capital Partners, LLC as its Asset Manager

By: /s/ Christopher E. Jansen

 

Name: Christopher E. Jansen
Title: Managing Partner

Name of Lender:

Stonegate CLO I, Ltd.
By: Stonegate Capital Management, LLC as Collateral Manager

By: /s/ Brian L. Hessel, CFA

 

Name: Brian L. Hessel, CFA
Title: Managing Partner
Stonegate Capital Management, LLC

Name of Lender:

SunAmerica Senior Floating Rate Fund, Inc,
By: AIG Global Investment Corp., Investment Sub-Adviser

By: /s/ W. Jeffrey Baxter

 

Name: W. Jeffrey Baxter
Title: Managing Director

Name of Lender:

TOLLI & CO
By: Eaton Vance Management, As Investment Advisor

By: /s/ Michael B. Botthof

 

Name: Michael B. Botthof
Title: Vice President

Name of Lender:

TORONTO DOMINION (NEW YORK), LLC

By: /s/ Masood Fikree

 

Name: Masood Fikree
Title: Authorized Signatory

Name of Lender:
By:

Trimaran CLO V Ltd.
Trimaran Advisors, L.L.C.

By: /s/ David M. Millison

 

Name: David M. Millison
Title: Managing Director

Name of Lender:
By:

Trimaran CLO IV Ltd.
Trimaran Advisors, L.L.C.

By: /s/ David M. Millison

 

Name: David M. Millison
Title: Managing Director

Name of Lender:

UBS AG, Stamford Branch

By: /s/ Irja R. Otsa

 

Name: Irja R. Otsa
Title: Associate Director
Banking Products
Services, US

By: /s/ Toba Lumbantobing

 

Name: Toba Lumbantobing
Title: Associate Director
Banking Products
Services, US

Name of Lender:

ULT CBNA Loan Funding LLC for itself or as agent for ULT CFPI Loan Funding LLC

By: /s/ Mikus N. Kins

 

Name: Mikus N. Kins
Title: Attorney-in-fact

Name of Lender:

VAN KAMPEN SENIOR INCOME TRUST
Van Kampen Asset Management

By: /s/ Robert P. Drobny

 

Name: Robert P. Drobny
Title: Vice President

Name of Lender:

VAN KAMPEN SENIOR LOAN FUND
Van Kampen Asset Management

By: /s/ Robert P. Drobny

 

Name: Robert P. Drobny
Title: Vice President

Name of Lender:

Venture ODO 2002 Limited By its investment advisor, MJX Asset Management LLC

By: /s/ Martin Davey

 

Name: Martin Davey
Title: Managing Director

Name of Lender:

Venture II ODO 2002 Limited By its investment advisor, MJX Asset Management LLC

By: /s/ Martin Davey

 

Name: Martin Davey
Title: Managing Director

Name of Lender:

Venture III CDO Limited By its investment advisor, MJX Asset Management LLC

By: /s/ Martin Davey

 

Name: Martin Davey
Title: Managing Director

Name of Lender:

Venture IV CDO Limited By its investment advisor, MJX Asset Management LLC

By: /s/ Martin Davey

 

Name: Martin Davey
Title: Managing Director

Name of Lender:

Venture V CDO Limited By its investment advisor, MJX Asset Management LLC

By: /s/ Martin Davey

 

Name: Martin Davey
Title: Managing Director

Name of Lender:

Vista Leveraged Income Fund By its investment advisor, MJX Asset Management LLC

By: /s/ Martin Davey

 

Name: Martin Davey
Title: Managing Director

Name of Lender:
By:

Waveland-INGOTS, LTD.
Pacific Investment Management Company LLC, as its Investment Advisor

By: /s/ Mohan V. Phansalkar

 

Name: Mohan V. Phansalkar
Title: Managing Director

Name of Lender:

WB Loan Funding 1, LLC

By: /s/ Diana M. Himes

 

Name: Diana M. Himes
Title: Associate

Name of Lender:

WB Loan Funding 5, LLC

By: /s/ Diana M. Hines

 

Name: Diana M. Hines
Title: Associate

Name of Lender:

Wells Fargo Advantage Short Term High Yield Bond Fund
By: Wells Capital Management, Inc.

By: /s/ Gilbert L. Southwell, III

 

Name: Gilbert L. Southwell, III
Title: Vice President

Name of Lender:

Western Asset Floating Rate High Income Fund, LLC

By: /s/ Timothy J. Settel

 

Name: Timothy J. Settel
Title: Authorized Signatory

Name of Lender:

Windsor Loan Funding, Limited
By: Stanfield Capital Partners LLC as its Investment Manager

By: /s/ Christopher E. Jansen

 

Name: Christopher E. Jansen
Title: Managing Partner

Name of Lender:

Wrigley CDO, Ltd.
By: Pacific Investment Management Company, LLC, as its Investment Advisor

By: /s/ Mohan V. Phansalkar

 

Name: Mohan V. Phansalkar
Title: Managing Director