Amendment No. 2 to Credit Agreement among The Neiman Marcus Group, Inc., Newton Acquisition, Inc., Lenders, and Credit Suisse
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.
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.
- Pursuant to the Credit Agreement, the Lenders have made loans to the Borrower.
- The Borrower and the Lenders have agreed to amend the Credit Agreement as set forth herein.
- 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:
- inserting the words "five (5) Business Days after" immediately prior to the words "the earlier of" in the first line thereof;
- inserting "(A)" immediately prior to the words "50% of Excess Cash Flow" in the fifth line thereof;
- 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
- 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.
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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 |
CREDIT SUISSE, CAYMAN ISLANDS BRANCH, individually and as Administrative Agent, |
By /s/ Robert Hetu |
Name: Robert Hetu |
By /s/ Cassandra Droogan |
Name: Cassandra Droogan |
Name of Lender: | ACA CLO 2005-1, Limited |
| By: /s/ Vincent Ingato |
Name: Vincent Ingato | |
Name of Lender: | AIG Bank Loan Fund Ltd. its Investment Manager |
| By: /s/ W. Jeffrey Baxter |
Name: W. Jeffrey Baxter | |
Name of Lender: | AIM Floating Rate Fund |
| By: /s/ Joseph Rotondo |
Name: Joseph Rotondo | |
Name of Lender: | Alaska State Pension Investment Board |
| THE MAINSTAY FUNDS, ON BEHALF OF ITS HIGH YIELD CORPORATE BOND FUND SERIES |
| By: /s/ Lucille Protas |
Name: Lucille Protas | |
Name of Lender: | By: Alzette European CLO S.A. |
| By: /s/ Joseph Rotondo |
Name: Joseph Rotondo | |
Name of Lender: | AMMC CLO III, Limited |
| By: /s/ Chester M. Eng |
Name: Chester M. Eng | |
Name of Lender: | AMMC CLO IV, Limited |
| By: /s/ Chester M. Eng |
Name: Chester M. Eng | |
Name of Lender: | AMMC CLO V, Limited |
| By: /s/ Chester M. Eng |
Name: Chester M. Eng | |
Name of Lender: | Apidos CDO I |
| By: /s/ Anne McCarthy |
Name: Anne McCarthy | |
Name of Lender: | Apidos CDO II |
| By: /s/ Anne McCarthy |
Name: Anne McCarthy | |
Name of Lender: | Apidos CDO III |
| By: /s/ Anne McCarthy |
Name: Anne McCarthy | |
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 | |
Name of Lender: | Ares VI CLO Ltd. |
By: Ares CLO Management VI, L.P., Investment Manager | |
| By: Ares CLO GP VI, LLC, |
| By: /s/ Seth J. Brufsky |
Name: Seth J. Brufsky | |
Name of Lender: | Ares VII CLO Ltd. |
By: Ares CLO Management VII, L.P., Investment Manager | |
| By: Ares CLO GP VII, LLC, |
| By: /s/ Seth J. Brufsky |
Name: Seth J. Brufsky | |
Name of Lender: | Ares IIR CLO Ltd. |
By: Ares CLO Management IIR, L.P., Investment Manager | |
| By: Ares CLO GP IIR, LLC, |
| By: /s/ Seth J. Brufsky |
Name: Seth J. Brufsky | |
Name of Lender: | Ares VIII CLO Ltd. |
By: Ares CLO Management VIII, L.P., Investment Manager | |
| By: Ares CLO GP VIII, LLC, |
| By: /s/ Seth J. Brufsky |
Name: Seth J. Brufsky | |
Name of Lender: | Ares IX CLO Ltd. |
By: Ares CLO Management IX, L.P., Investment Manager | |
| By: Ares CLO GP IX, LLC, |
| By: /s/ Seth J. Brufsky |
Name: Seth J. Brufsky | |
Name of Lender: | Ares X CLO Ltd. |
By: Ares CLO Management X, L.P., Investment Manager | |
| By: Ares CLO GP X, LLC, |
| By: /s/ Seth J. Brufsky |
Name: Seth J. Brufsky | |
Name of Lender: | ARES ENHANCED LOAN INVESTMENT STRATEGY, LTD. |
By: Ares Enhanced Loan Management, L.P., Investment Manager | |
| By: Ares Enhanced Loan GP, LLC |
| By: /s/ Seth J. Brufsky |
Name: Seth J. Brufsky | |
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 |
| By: /s/ Seth J. Brufsky |
Name: Seth J. Brufsky | |
Name of Lender: | Atlas Loan Funding (Navigator), LLC |
By: Atlas Capital Funding, Ltd. | |
| By: Structured Asset Investors, LLC |
| By: /s/ Bryan P. McGrath |
Name: Bryan P. McGrath | |
Name of Lender: | Atrium II |
| By: /s/ Linda R. Karn |
Name: Linda R. Karn | |
Name of Lender: | Atrium III |
| By: /s/ Linda R. Karn |
Name: Linda R. Karn | |
Name of Lender: | Atrium CDO |
| By: /s/ Linda R. Karn |
Name: Linda R. Karn | |
Name of Lender: | Augusta Trading LLC |
| By: /s/ Anna M. Tallent |
Name: Anna M. Tallent | |
Name of Lender: | AVALON CAPITAL LTD. |
By: INVESCO Senior Secured Management, Inc. | |
| By: /s/ Joseph Rotondo |
Name: Joseph Rotondo | |
Name of Lender: | AVALON CAPITAL LTD. 3 |
By: INVESCO Senior Secured Management, Inc. | |
| By: /s/ Joseph Rotondo |
Name: Joseph Rotondo | |
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 | |
Name of Lender: | Azure Funding |
| By: /s/ Eugene Caraus |
Name: Eugene Caraus | |
Name of Lender: | Bank of America, N.A. |
| By: /s/ Jonathan M. Barnes |
Name: Jonathan M. Barnes | |
Name of Lender: | Big Sky III Senior Loan Trust |
By: Eaton Vance Management | |
| By: /s/ Michael B. Botthof |
Name: Michael B. Botthof | |
Name of Lender: | Birchwood Funding LLC |
| By: /s/ Anna M. Tallent |
Name: Anna M. Tallent | |
Name of Lender: | Black Diamond CLO 2005-1 Ltd. |
By: Black Diamond Capital Management, L.L.C. | |
| By: /s/ James J. Zenni, Jr. |
Name: James J. Zenni, Jr. | |
Name of Lender: | Black Diamond CLO 2005-2 Ltd. |
By: Black Diamond Capital Management, L.L.C. | |
| By: /s/ James J. Zenni, Jr. |
Name: James J. Zenni, Jr. | |
Name of Lender: | Blue Mountain CLO Ltd. |
| By: /s/ Kevin M. Sharkey |
Name: Kevin M. Sharkey | |
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 | |
Name of Lender: | Canadian Imperial Bank of Commerce |
| By: /s/ John O'Dowd |
Name: John O'Dowd | |
| By: /s/ Shira Aschkenasy |
Name: Shira Aschkenasy | |
Name of Lender: | Carlyle High Yield Partners IV, Ltd. |
| By: /s/ Linda Pace |
Name: Linda Pace | |
Name of Lender: | Carlyle High Yield Partners VI, Ltd. |
| By: /s/ Linda Pace |
Name: Linda Pace | |
Name of Lender: | Carlyle High Yield Partners VII, Ltd. |
| By: /s/ Linda Pace |
Name: Linda Pace | |
Name of Lender: | Carlyle Loan Investment, Ltd. |
| By: /s/ Linda Pace |
Name: Linda Pace | |
Name of Lender: | Carlyle Loan Opportunity Fund |
| By: /s/ Linda Pace |
Name: Linda Pace | |
Name of Lender: | Castle Garden Funding |
| By: /s/ Linda Karn |
Name: Linda R. Karn | |
Name of Lender: | Sankaty Advisors, LLC as Collateral Manager for Castle Hill I - |
| By: /s/ Diane J. Exter |
Name: Diane J. Exter | |
Name of Lender: | Sankaty Advisors, LLC as Collateral Manager for Castle Hill II - |
| By: /s/ Diane J. Exter |
Name: Diane J. Exter | |
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 | |
Name of Lender: | CHAMPLAIN CLO, LTD. |
| By: INVESCO Senior Secured Management, Inc. |
| By: /s/ Joseph Rotondo |
Name: Joseph Rotondo | |
Name of Lender: | CHARTER VIEW PORTFOLIO |
| By: INVESCO Senior Secured Management, Inc. |
| By: /s/ Joseph Rotondo |
Name: Joseph Rotondo | |
Name of Lender: | Chatham Light II CLO, Limited, by Sankaty Advisors LLC, as Collateral Manager |
| By: /s/ Diane J. Exter |
Name: Diane J. Exter | |
Name of Lender: | Clydesdale CLO 2003, Ltd. By: Nomura Corporate Research |
| By: /s/ Elizabeth MacLean |
Name: Elizabeth MacLean | |
Name of Lender: | Clydesdale CLO 2004, Ltd. By: Nomura Corporate Research |
| By: /s/ Elizabeth MacLean |
Name: Elizabeth MacLean | |
Name of Lender: | Clydesdale CLO 2005, Ltd. By: Nomura Corporate Research |
| By: /s/ Elizabeth MacLean |
Name: Elizabeth MacLean | |
Name of Lender: | Clydesdale Strategic CLO I, Ltd. By: Nomura Corporate Research |
| By: /s/ Elizabeth MacLean |
Name: Elizabeth MacLean | |
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 | |
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 | |
Name of Lender: | CSAM Funding I |
| By: /s/ Linda R. Karn |
Name: Linda R. Karn | |
Name of Lender: | CSAM Funding II |
| By: /s/ Linda R. Karn |
Name: Linda R. Karn | |
Name of Lender: | CSAM Funding III |
| By: /s/ Linda R. Karn |
Name: Linda R. Karn | |
Name of Lender: | CSAM Funding IV |
| By: /s/ Linda R. Karn |
Name: Linda R. Karn | |
Name of Lender: | CSAM Syndicated Loan Fund |
| By: /s/ Linda R. Karn |
Name: Linda R. Karn | |
Name of Lender: | CYPRESSTREE CLAIF FUNDING LLC |
| By: /s/ Anna M. Tallent |
Name: Anna M. Tallent | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
Name of Lender: | Deutsche Bank AG New York Branch |
By: DB Services New Jersey, Inc. | |
| By: /s/ Jay Hopkins |
Name: Jay Hopkins | |
| By: /s/ Alice L. Wagner |
Name: Alice L. Wagner | |
Name of Lender: | Deutsche Bank Trust Company Americas |
By: DB Services New Jersey, Inc. | |
| By: /s/ Jay Hopkins |
Name: Jay Hopkins |
| By: /s/ Alice L. Wagner | ||
Name: Alice L. Wagner | |||
Name of Lender: | DIVERSIFIELD CREDIT PORTFOLIO LTD. | ||
By: INVESCO Senior Secured Management, Inc. as Investment Adviser | |||
| By: /s/ Joseph Rotondo | ||
Name: Joseph Rotondo | |||
Name of Lender: | Dresdner Bank AG, New York and Grand Cayman Branches | ||
| By: /s/ Jeannine Amodeo | ||
Name: Jeannine Amodeo | |||
| By: /s/ Brian Schneider | ||
Name: Brian Schneider | |||
Name of Lender: | DUNES FUNDING LLC | ||
| By: /s/ Anna M. Tallent | ||
Name: Anna M. Tallent | |||
Name of Lender: | EAGLE LOAN TRUST | ||
By: Stanfield Capital Partners, LLC | |||
| By: /s/ Christopher E. Jansen | ||
Name: Christopher E. Jansen | |||
Name of Lender: | EATON VANCE CDO VI LTD. | ||
By: EATON VANCE CDO VI LTD. | |||
| By: /s/ Michael B. Botthof | ||
Name: Michael B. Botthof | |||
Name of Lender: | EATON VANCE FLOATING-RATE INCOME TRUST | ||
By: EATON VANCE MANAGEMENT | |||
| By: /s/ Michael B. Botthof | ||
Name: Michael B. Botthof | |||
Name of Lender: | EATON VANCE INSTITUTIONAL SENIOR LOAN FUND | ||
By: EATON VANCE MANAGEMENT | |||
| By: /s/ Michael B. Botthof | ||
Name: Michael B. Botthof | |||
Name of Lender: | EATON VANCE LIMITED DURATION INCOME FUND | ||
By: EATON VANCE MANAGEMENT | |||
| By: /s/ Michael B. Botthof | ||
Name: Michael B. Botthof | |||
Name of Lender: | EATON VANCE SENIOR FLOATING-RATE TRUST | ||
By: EATON VANCE MANAGEMENT | |||
| By: /s/ Michael B. Botthof | ||
Name: Michael B. Botthof | |||
Name of Lender: | EATON VANCE SENIOR INCOME TRUST | ||
By: EATON VANCE MANAGEMENT | |||
| By: /s/ Michael B. Botthof | ||
Name: Michael B. Botthof | |||
Name of Lender: | EATON VANCE SHOT DURATION DIVERSIFIED INCOME FUND | ||
| By: /s/ Michael B. Botthof | ||
Name: Michael B. Botthof | |||
Name of Lender: | EATON VANCE VARIABLE LEVERAGE FUND LTD. | ||
By: EATON VANCE MANAGEMENT | |||
| By: /s/ Michael B. Botthof | ||
Name: Michael B. Botthof | |||
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 | |||
Name of Lender: | Emerald Orchard Limited | ||
| By: /s/ Arlene Arellano | ||
Name: Arlene Arellano | |||
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 | |||
Name of Lender: | Essex Park CDO Ltd. | ||
By: Blackstone Debt Advisors L.P. | |||
| By: /s/ Dean T. Criares | ||
Name: Dean T. Criares | |||
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 | |||
Name of Lender: | Fairway Loan Funding Company | ||
By: Pacific Investment Management Company LLC, | |||
| By: /s/ Mohan V. Phansalkar | ||
Name: Mohan V. Phansalkar | |||
Name of Lender: | First Trust/Highland Capital Floating Rate Income Fund | ||
| By: /s/ Mark Okada | ||
Name: Mark Okada | |||
Name of Lender: | Forest Hills Blocker Ltd. | ||
| By: /s/ Jodye N. Anzalotta | ||
Name: Jodye N. Anzalotta | |||
Name of Lender: | Founders Grove CLO, Ltd. | ||
By: Tall Tree Investment Management, LLC | |||
| By: /s/ Michael J. Starshak, Jr. | ||
Name: Michael J. Starshak, Jr. | |||
Name of Lender: | Four Corners CLO II | ||
| By: /s/ Matthey Massier | ||
Name: Matthew Massier | |||
Name of Lender: | First Trust/Four Corners Senior Floating Rate Income Fund, as Lender | ||
By: Four Corners Capital Management LLC, | |||
| By: /s/ Drew Sweeney | ||
Name: Drew Sweeney | |||
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 | |||
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 | |||
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 | |||
Name of Lender: | Fortress Portfolio Trust, as Lender | ||
By: Four Corners Capital Management LLC, As Investment Manager | |||
| By: /s/ Drew Sweeney | ||
Name: Drew Sweeney | |||
Name of Lender: | Franklin CLO II, Limited | ||
| By: /s/ Alex Guang Yu | ||
Name: Alex Guang Yu | |||
Name of Lender: | Franklin CLO IV, Limited | ||
| By: /s/ Alex Guang Yu | ||
Name: Alex Guang Yu | |||
Name of Lender: | Franklin CLO V, Limited | ||
| By: /s/ Alex Guang Yu | ||
Name: Alex Guang Yu | |||
Name of Lender: | Franklin Floating Rate Daily Access Fund | ||
| By: /s/ Richard Hsu | ||
Name: Richard Hsu | |||
Name of Lender: | Franklin Floating Rate Master Series | ||
| By: /s/ Richard Hsu | ||
Name: Richard Hsu | |||
Name of Lender: | Franklin Strategic Income Fund (Canada) | ||
| By: /s/ Richard Hsu | ||
Name: Richard Hsu | |||
Name of Lender: | Franklin Strategic Series-Frankin Strategic Income Fund | ||
| By: /s/ Richard Hsu | ||
Name: Richard Hsu | |||
Name of Lender: | Franklin Templeton Lim. Duration Income Trust | ||
| By: /s/ Richard Hsu | ||
Name: Richard Hsu | |||
Name of Lender: | Franklin Templeton Variable Insurance Products Trust- Franklin Strategic Income Securities Fund | ||
| By: /s/ Richard Hsu | ||
Name: Richard Hsu | |||
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 | |||
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., | |||
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 | ||
By: /s/ Diane J. Exter | |||
Name: Diane J. Exter
| |||
Name of Lender: | Katonah IV, Ltd. by Sankaty | ||
By: /s/ Diane J. Exter | |||
Name: Diane J. Exter
| |||
Name of Lender: | KATONAH V, LTD. | ||
By: INVESCO Senior Secured Management, Inc. | |||
By: /s/ Joseph Rotondo | |||
Name: Joseph Rotondo
| |||
Name of Lender: | Key Bank National Association | ||
By: /s/ Carla Laning | |||
Name: Carla Laning
| |||
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 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. | ||
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 | |||
Name of Lender: | LATITUDE CLO I LTD | ||
By: /s/ Kirk Wallace | |||
Name: Kirk Wallace | |||
Name of Lender: | Liberty CLO, Ltd. | ||
By: Highland Capital Management, L.P. | |||
By: Strand Advisors, Inc., its General Partner | |||
By: /s/ Chad Schramek | |||
Name: Chad Schramek 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. | |||
By: Strand Advisors, Inc., its General Partner | |||
By: /s/ Chad Schramek | |||
Name: Chad Schramek Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.
| |||
Name of Lender: | Liberty Mutual Insurance Company. | ||
By: Highland Capital Management, L.P. | |||
By: Strand Advisors, Inc., its General Partner | |||
By: /s/ Chad Schramek | |||
Name: Chad Schramek 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
| |||
Name of Lender: | Loan Funding III LLC | ||
By: Pacific Investment Management Company LLC, | |||
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., | |||
By: Strand Advisors, Inc., Its General Partner | |||
By: /s/ Chad Schramek | |||
Name: Chad Schramek Strand Advisors, Inc., General Partner of Highland Capital Management, L.P.
| |||
Name of Lender: | Loan Funding VI LLC, | ||
By: /s/ Dean T. Criares | |||
Name: Dean T. Criares | |||
Name of Lender: | Loan Funding VII LLC | ||
By: Highland Capital Management, L.P., | |||
By: Strand Advisors, Inc., Its General Partner | |||
By: /s/ Chad Schramek | |||
Name: Chad Schramek 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
| |||
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
| |||
Name of Lender: | Loan Star State Trust | ||
By: Highland Capital Management, L.P., | |||
By: Strand Advisors, Inc., Its Investment Advisor | |||
By: /s/ Chad Schramek | |||
Name: Chad Schramek 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
| |||
Name of Lender: | Madison Park Funding I, Ltd | ||
By: /s/ Linda R. Karn | |||
Name: Linda R. Karn
| |||
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
| |||
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
| |||
Name of Lender: | Marathon CLO I LTD. | ||
By: /s/ Louis T. Hanover | |||
Name: Louis T. Hanover
| |||
Name of Lender: | Marathon CLO II LTD. | ||
By: /s/ Louis T. Hanover | |||
Name: Louis T. Hanover
| |||
Name of Lender: | Marathon Special Opportunity Master Fund, LTD | ||
By: /s/ Louis T. Hanover | |||
Name: Louis T. Hanover
| |||
Name of Lender: | Metropolitan West Asset Mgmt | ||
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
| |||
Name of Lender: | MFS Floating Rate Income Fund | ||
By: /s/ Philip Robbins | |||
Name: Philip Robbins
| |||
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
| |||
Name of Lender: | MOSELLE CLO S.A. | ||
By: INVESCO Senior Secured Management, Inc. | |||
By: /s/ Joseph Rotondo | |||
Name: Joseph Rotondo
| |||
Name of Lender: | MSIM Croton Ltd. | ||
By: /s/ Kevin Egan | |||
Name: Kevin Egan
| |||
Name of Lender: | Mt. Wilson CLO, Ltd. | ||
By: /s/ Timothy J. Settel | |||
Name: Timothy J. Settel
| |||
Name of Lender: | Nantucket CLO I Ltd. | ||
By: Fortis Investment Management USA, Inc., | |||
as Attorney-in-Fact | |||
By: /s/ Jeffrey Megar | |||
Name: Jeffrey Megar
| |||
Name of Lender: | NAUTIQUE FUNDING LTD. | ||
By: INVESCO Senior Secured Management, Inc. | |||
As Collateral Manager | |||
By: /s/ Joseph Rotondo | |||
Name: Joseph Rotondo
| |||
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
| |||
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
| |||
Name of Lender: | New York Life Insurance Company | ||
By: /s/ Robert H. Dial | |||
Name: Robert H. Dial
| |||
Name of Lender: | NobHill CLO, Limited | ||
By: /s/ Bradley Kane | |||
Name: Bradley Kane
|
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
| |
Name of Lender: | THE NORINCHUKIN BANK, |
By: Eaton Vance Management, | |
By: /s/ Michael B. Botthof | |
Name: Michael B. Botthof
| |
Name of Lender: | NYLIM Flatiron CLO 2003-1 Ltd. |
By: New York Life Investment Management LLC, as Collateral Manager and | |
By: /s/ Robert H. Dial | |
Name: Robert H. Dial
| |
Name of Lender: | NYLIM Flatiron CLO 2004-1 Ltd. |
By: New York Life Investment Management LLC, as Collateral Management and | |
By: /s/ Robert H. Dial | |
Name: Robert H. Dial
| |
Name of Lender: | NYLIM Flatiron CLO 2005-1 Ltd. |
By: New York Life Investment Management LLC, as Collateral Management and | |
By: /s/ Robert H. Dial | |
Name: Robert H. Dial
| |
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
| |
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
| |
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
| |
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
| |
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
| |
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 | |
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
| |
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
| |
Name of Lender: | Oligra 43 |
By: /s/ Karen Thompson | |
Name: Karen Thompson
| |
Name of Lender: | Pacifica CDO II, Ltd. |
By: /s/ Amy Adler | |
Name: Amy Adler
| |
Name of Lender: | Pacifica CDO III, Ltd. |
By: /s/ Amy Adler | |
Name: Amy Adler
| |
Name of Lender: | Pacifica CDO IV, Ltd. |
By: /s/ Amy Adler | |
Name: Amy Adler
| |
Name of Lender: | Pacifica CDO V, Ltd. |
By: /s/ Amy Adler | |
Name: Amy Adler
| |
Name of Lender: | PETRUSSE EUROPEAN CLO S.A. |
By: INVESCO Senior Secured Management, Inc. | |
As Collateral Manager | |
By: /s/ Joseph Rotondo | |
Name: Joseph Rotondo
| |
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
| |
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
| |
Name of Lender: | Pioneer Floating Rate Trust |
By: /s/ Mark Okada | |
Name: Mark Okada
| |
Name of Lender: | PPM MONARCH BAY FUNDING LLC |
By: /s/ Anna M. Tallent | |
Name: Anna M. Tallent
| |
Name of Lender: | PPM SHADOW CREEK FUNDING LLC |
By: /s/ Anna M. Tallent | |
Name: Anna M. Tallent
| |
Name of Lender: | PPM SPYGLASS FUNDING TRUST |
By: /s/ Anna M. Tallent | |
Name: Anna M. Tallent
| |
Name of Lender: | Prospect Park CDO Ltd. |
Blackstone Debt Advisors L.P. | |
As Collateral Manager | |
By: /s/ Dean T. Criares | |
Name: Dean T. Criares
| |
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
| |
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
| |
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
| |
Name of Lender: | Raven Credit Opportunities |
By: /s/ Kevin Gerlitz | |
Name: Kevin Gerlitz
| |
Name of Lender: | RED FOX FUNDING LLC |
By: /s/ Anna M. Tallent | |
Name: Anna M. Tallent
| |
Name of Lender: | Retail Investors II Trust |
By: Wilmington Trust Company, | |
not in its individual capacity, | |
By: /s/ Joseph B. Feil | |
Name: Joseph B. Feil
| |
Name of Lender: | RIVIERA FUNDING LLC |
By: /s/ Anna M. Tallent | |
Name: Anna M. Tallent
| |
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 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
| |
Name of Lender: | SAGAMORE CLO LTD. |
INVESCO Senior Secured Management, Inc. | |
As Collateral Manager | |
By: /s/ Joseph Rotondo | |
Name: Joseph Rotondo
| |
Name of Lender: | SARATOGA CLO I, LIMITED |
By: INVESCO Senior Secured Management, Inc. | |
As Asset Manager | |
By: /s/ Joseph Rotondo | |
Name: Joseph Rotondo
| |
Name of Lender: | Saturn Trust |
By: AIG Global Investment Corp., Inc., | |
its Investment Advisor | |
By: /s/ W. Jeffrey Baxter | |
Name: W. Jeffrey Baxter
| |
Name of Lender: | SEI GLOBAL MASTER FUND HIGH YIELD |
Metropolitan West Asset Management, LLC, as agent CFO | |
By: /s/ Joseph D. Hattesohl | |
Name: Joseph D. Hattesohl
| |
Name of Lender: | SEI INSTITUTIONAL MANAGED TRUST HIGH YIELD BOND FUND |
Metropolitan West Asset Management, LLC, | |
Joseph D. Hattesohl | |
CFO | |
By: /s/ Joseph D. Hattesohl | |
Name: Joseph D. Hattesohl
| |
Name of Lender: | Seix Structured Products LLC, mv1 |
By: /s/ George Goudelias | |
Name: George Goudelias
| |
Name of Lender: | Seminole Funding LLC |
| By: /s/ Anna M. Tallent |
Name: Anna M. Tallent | |
Name of Lender: | SENIOR DEBT PORTOLIO |
| By: /s/ Michael B. Botthof |
Name: Michael B. Botthof | |
Name of Lender: | SEQUILS-LIBERTY, LTD. |
| By: /s/ Joseph Rotondo |
Name: Joseph Rotondo | |
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 | |
Name of Lender: | Southfork CLO, Ltd. |
| By: /s/ Chad Schramek |
Name: Chad Schramek | |
Name of Lender: | Southport CLO, Limited |
| By: /s/ Mohan V. Phansalkar |
Name: Mohan V. Phansalkar | |
Name of Lender: | Sovereign Bank |
| By: /s/ Kenneth Weber |
Name: Kenneth Weber | |
Name of Lender: | Stanfield Arbitrage CDO, Ltd. |
| By: /s/ Christopher E. Jansen |
Name: Christopher E. Jansen | |
Name of Lender: | Stanfield AZURE CLO, Ltd. |
| By: /s/ Christopher E. Jansen |
Name: Christopher E. Jansen | |
Name of Lender: | Stanfield Bristol CLO, Ltd. |
| By: /s/ Christopher E. Jansen |
Name: Christopher E. Jansen | |
Name of Lender: | Stanfield Carrera CLO Ltd. |
| By: /s/ Christopher E. Jansen |
Name: Christopher E. Jansen | |
Name of Lender: | Stanfield Modena CLO, Ltd. |
| By: /s/ Christopher E. Jansen |
Name: Christopher E. Jansen | |
Name of Lender: | Stanfield Quattro CLO, Ltd. |
| By: /s/ Christopher E. Jansen |
Name: Christopher E. Jansen | |
Name of Lender: | Stanfield Vantage CLO, Ltd. |
| By: /s/ Christopher E. Jansen |
Name: Christopher E. Jansen | |
Name of Lender: | Stonegate CLO I, Ltd. |
| By: /s/ Brian L. Hessel, CFA |
Name: Brian L. Hessel, CFA | |
Name of Lender: | SunAmerica Senior Floating Rate Fund, Inc, |
| By: /s/ W. Jeffrey Baxter |
Name: W. Jeffrey Baxter | |
Name of Lender: | TOLLI & CO |
| By: /s/ Michael B. Botthof |
Name: Michael B. Botthof | |
Name of Lender: | TORONTO DOMINION (NEW YORK), LLC |
| By: /s/ Masood Fikree |
Name: Masood Fikree | |
Name of Lender: | Trimaran CLO V Ltd. |
| By: /s/ David M. Millison |
Name: David M. Millison | |
Name of Lender: | Trimaran CLO IV Ltd. |
| By: /s/ David M. Millison |
Name: David M. Millison | |
Name of Lender: | UBS AG, Stamford Branch |
| By: /s/ Irja R. Otsa |
Name: Irja R. Otsa | |
| By: /s/ Toba Lumbantobing |
Name: Toba Lumbantobing | |
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 | |
Name of Lender: | VAN KAMPEN SENIOR INCOME TRUST |
| By: /s/ Robert P. Drobny |
Name: Robert P. Drobny | |
Name of Lender: | VAN KAMPEN SENIOR LOAN FUND |
| By: /s/ Robert P. Drobny |
Name: Robert P. Drobny | |
Name of Lender: | Venture ODO 2002 Limited By its investment advisor, MJX Asset Management LLC |
| By: /s/ Martin Davey |
Name: Martin Davey | |
Name of Lender: | Venture II ODO 2002 Limited By its investment advisor, MJX Asset Management LLC |
| By: /s/ Martin Davey |
Name: Martin Davey | |
Name of Lender: | Venture III CDO Limited By its investment advisor, MJX Asset Management LLC |
| By: /s/ Martin Davey |
Name: Martin Davey | |
Name of Lender: | Venture IV CDO Limited By its investment advisor, MJX Asset Management LLC |
| By: /s/ Martin Davey |
Name: Martin Davey | |
Name of Lender: | Venture V CDO Limited By its investment advisor, MJX Asset Management LLC |
| By: /s/ Martin Davey |
Name: Martin Davey | |
Name of Lender: | Vista Leveraged Income Fund By its investment advisor, MJX Asset Management LLC |
| By: /s/ Martin Davey |
Name: Martin Davey | |
Name of Lender: | Waveland-INGOTS, LTD. |
| By: /s/ Mohan V. Phansalkar |
Name: Mohan V. Phansalkar | |
Name of Lender: | WB Loan Funding 1, LLC |
| By: /s/ Diana M. Himes |
Name: Diana M. Himes | |
Name of Lender: | WB Loan Funding 5, LLC |
| By: /s/ Diana M. Hines |
Name: Diana M. Hines | |
Name of Lender: | Wells Fargo Advantage Short Term High Yield Bond Fund |
| By: /s/ Gilbert L. Southwell, III |
Name: Gilbert L. Southwell, III | |
Name of Lender: | Western Asset Floating Rate High Income Fund, LLC |
| By: /s/ Timothy J. Settel |
Name: Timothy J. Settel | |
Name of Lender: | Windsor Loan Funding, Limited |
| By: /s/ Christopher E. Jansen |
Name: Christopher E. Jansen | |
Name of Lender: | Wrigley CDO, Ltd. |
| By: /s/ Mohan V. Phansalkar |
Name: Mohan V. Phansalkar |