Exhibit 10 AMENDMENT NO. 1 AND AGREEMENT dated as of December 17, 2003 (this "Amendment"), with respect to the Credit Agreement dated as of June 6, 2002, as Amended and Restated as of June 6, 2003 (as amended, supplemented or otherwise modified from...
Exhibit 10
AMENDMENT NO. 1 AND AGREEMENT dated as of December 17, 2003
(this "Amendment"), with respect to the Credit Agreement dated as
of June 6, 2002, as Amended and Restated as of June 6, 2003 (as
amended, supplemented or otherwise modified from time to time,
the "Credit Agreement"), among TriMas Corporation, a Delaware
corporation ("Holdings"), TriMas Company LLC, a Delaware limited
liability company (the "Parent Borrower"), the Subsidiary Term
Borrowers and the Foreign Subsidiary Borrowers (each, as defined
in the Credit Agreement) party thereto (collectively, with the
Parent Borrower, the "Borrowers"), the lenders from time to time
party thereto (the "Lenders"), JPMorgan Chase Bank, a New York
banking corporation, as administrative agent and collateral
agent, CSFB Cayman Islands Branch, as syndication agent, Comerica
Bank, as documentation agent, National City Bank, as
documentation agent, and Wachovia Bank, National Association, as
documentation agent.
A. Pursuant to the Credit Agreement, the Lenders have extended credit
to the Borrowers pursuant to the terms and subject to the conditions set
forth therein.
B. The Borrowers have requested that the Required Lenders agree to
amend certain provisions of the Credit Agreement as set forth herein.
C. The Required Lenders are willing so to agree and to amend the
Credit Agreement pursuant to the terms and subject to the conditions set
forth herein.
D. Capitalized terms used and not otherwise defined herein shall have
the meanings assigned to them in the Credit Agreement.
In consideration of the premises and the agreements, provisions and
covenants herein contained, the parties hereto agree, on the terms and subject
to the conditions set forth herein, as follows:
SECTION 1. Amendments to Section 1.01.
(a) Section 1.01 of the Credit Agreement is hereby amended by deleting
the following defined term in its entirety:
"Applicable Rate"
(b) Section 1.01 of the Credit Agreement is hereby amended by adding
the following defined term in the appropriate alphabetical order to read as
follows:
"Applicable Rate" means, for any day, with respect to any ABR Loan or
Eurocurrency Loan that is a Revolving Loan or a Tranche B Term Loan, or with
respect to the commitment fees payable hereunder, as the case may be, the
applicable rate per annum set forth below under the caption "Revolving Loan ABR
Spread", "Revolving Loan Eurocurrency Spread", "Tranche B Term Loan ABR Spread",
"Tranche B Term Loan Eurocurrency Spread" or "Commitment Fee Rates", as the case
may be, based upon the Leverage Ratio as of the most recent determination date.
=======================================================================================================================
Leverage Ratio: Revolving Loan Revolving Loan Tranche B/ Tranche B/
ABR Spread Eurocurrency Spread Term Loan ABR Term Loan
Spread Eurocurrency Spread
-----------------------------------------------------------------------------------------------------------------------
Category 1 2.25% 3.25% 2.50% 3.50%
Greater than 4.25 to 1
-----------------------------------------------------------------------------------------------------------------------
Category 2 2.00% 3.00% 2.25% 3.25%
Less than or equal to 4.25 to 1
but greater than 4 to 1
-----------------------------------------------------------------------------------------------------------------------
Category 3 1.75% 2.75% 1.75% 2.75%
Less than or equal to 4 to 1
but greater than 3.5 to 1
-----------------------------------------------------------------------------------------------------------------------
Category 4 1.50% 2.50% 1.75% 2.75%
Less than or equal to 3.5 to 1
but greater than 3 to 1
-----------------------------------------------------------------------------------------------------------------------
Category 5 1.25% 2.25% 1.75% 2.75%
Less than or equal to 3 to 1
=======================================================================================================================
=======================================================================================================================
Commitment Fee Rates
-----------------------------------------------------------------------------------------------------------------------
Leverage Ratio: High Usage Period Low Usage Period
-----------------------------------------------------------------------------------------------------------------------
Category 1 0.50% 0.75%
Greater than 4 to 1
-----------------------------------------------------------------------------------------------------------------------
Category 2 0.50% 0.50%
Less than or equal to 4 to 1 but
greater than 3.5 to 1
-----------------------------------------------------------------------------------------------------------------------
Category 3 0.50% 0.50%
Less than or equal to 3.5 to 1 but
greater than 3 to 1
-----------------------------------------------------------------------------------------------------------------------
Category 4 0.375% 0.375%
Less than or equal to 3 to 1
=======================================================================================================================
For purposes of the foregoing, (i) the Leverage Ratio shall be determined
as of the end of each fiscal quarter of the Parent Borrower's fiscal year based
upon Holdings' consolidated financial statements delivered pursuant to Section
5.01(a) or (b) and (ii) each change in the Applicable Rate resulting from a
change in the Leverage Ratio shall be effective during the period commencing on
and including the date of delivery to the Administrative Agent of such
consolidated financial statements indicating such change and ending on the date
immediately preceding the effective date of the next such change; provided that
the Leverage Ratio shall be deemed to be in Category 1 (A) at
2
any time that an Event of Default has occurred and is continuing or (B) if
Holdings or the Parent Borrower fails to deliver the consolidated financial
statements required to be delivered by it pursuant to Section 5.01(a) or (b),
during the period from the expiration of the time for delivery thereof until
such consolidated financial statements are delivered. The rate per annum for
Incremental Term Loans shall be the rate specified, or the rate per annum
determined pursuant to a pricing grid specified, in the applicable Incremental
Term Loan Activation Notice as agreed to by the Parent Borrower and the
applicable Incremental Lenders; provided that if and for so long as the
Applicable Rate with respect to any Incremental Term Loans is greater than 0.25%
per annum in excess of the then existing Applicable Rate for Tranche B Term
Loans, the Applicable Rate for Tranche B Term Loans shall be increased
automatically for such period so that the Applicable Rate for such Incremental
Term Loans is no greater than 0.25% per annum in excess of the Applicable Rate
for Tranche B Term Loans.
SECTION 2. Amendments to Section 5.01. Section 5.01 of the Credit Agreement
is hereby amended by deleting clause (e) thereof in its entirety and replacing
it with the following text:
"(e) no later than February 15 of each fiscal year of Holdings (commencing
with the fiscal year ending December 31, 2003), a detailed consolidated
budget for such fiscal year (including a projected consolidated balance
sheet and related statements of projected operations and cash flow as of
the end of and for such fiscal year and setting forth the assumptions used
for purposes of preparing such budget) and, promptly when available, any
material revisions of such budget that have been approved by senior
management of Holdings;"
SECTION 3. Amendments to Section 6.06. Section 6.06 of the Credit Agreement
is hereby amended by deleting that Section in its entirety and replacing it with
the following text:
"SECTION 6.06. Sale and Leaseback Transactions. None of Holdings, the
Parent Borrower, any Subsidiary Term Borrower or any Foreign Subsidiary
Borrower will, nor will they permit any Subsidiary to, enter into any
arrangement, directly or indirectly, whereby it shall sell or transfer any
property, real or personal, used or useful in its business, whether now
owned or hereinafter acquired, and thereafter rent or lease such property
or other property that it intends to use for substantially the same purpose
or purposes as the property sold or transferred, except for (a) any such
sale of any fixed or capital assets (other than any such transaction to
which (b) or (c) below is applicable) that is made for cash consideration
in an amount not less than the cost of such fixed or capital asset in an
aggregate amount less than or equal to 25% of the Permitted Capital
Expenditure Amount, so long as the Capital Lease Obligations associated
therewith are permitted by Section 6.01(a)(ix), (b) in the case of property
owned as of the Effective Date, any such sale of any fixed or capital
assets that is made for cash consideration in an aggregate amount
3
not less than the fair market value of such fixed or capital assets not to
exceed $90,000,000 in the aggregate, so long as the Capital Lease
Obligations (if any) associated therewith are permitted by Section
6.01(a)(ix) and (c) any Acquisition Lease Financing."
SECTION 4. Amendments to Section 6.12. Section 6.12 of the Credit Agreement
is hereby amended by deleting the table thereof in its entirety and replacing it
with the following table:
Period Ratio
------ -----
June 30, 2002, to March 30, 2003 2.50 to 1.00
March 31, 2003, to June 29, 2003 2.60 to 1.00
June 30, 2003, to September 29, 2003 2.35 to 1.00
September 30, 2003, to December 30, 2003 2.45 to 1.00
December 31, 2003, to June 29, 2005 2.25 to 1.00
June 30, 2005, to September 29, 2005 2.35 to 1.00
September 30, 2005, to December 30, 2005 2.45 to 1.00
December 31, 2005, to September 29, 2006 2.65 to 1.00
September 30, 2006, and thereafter 2.75 to 1.00
SECTION 5. Amendments to Section 6.13. Section 6.13 of the Credit Agreement
is hereby amended by deleting that section in its entirety and replacing it with
the following:
"SECTION 6.13. Leverage Ratio. Neither Holdings nor the Parent Borrower
will permit the Leverage Ratio as of the last day of any fiscal quarter
occurring during any period set forth below to be greater than the ratio
set forth below for such period:
Period Ratio
------ -----
June 30, 2002, to March 30, 2003 5.25 to 1.00
March 31, 2003, to June 29, 2003 5.00 to 1.00
June 30, 2003, to September 29, 2003 5.25 to 1.00
September 30, 2003, to December 30, 2003 5.00 to 1.00
December 31, 2003, to September 29, 2004 5.50 to 1.00
September 30, 2004, to December 30, 2004 5.25 to 1.00
December 31, 2004, to June 29, 2005 5.00 to 1.00
June 30, 2005, to September 29, 2005 4.75 to 1.00
September 30, 2005, to December 30, 2005 4.50 to 1.00
4
December 31, 2005, to June 29, 2006 4.00 to 1.00
June 30, 2006, to September 29, 2006 3.75 to 1.00
September 30, 2006, to December 30, 2006 3.50 to 1.00
December 31, 2006, and thereafter 3.25 to 1.00"
SECTION 6. Representations and Warranties. Each of Holdings and the
Borrowers party hereto represents and warrants to the Administrative Agent and
the Lenders that:
(a) this Amendment has been duly authorized, executed and delivered by
it and constitutes its legal, valid and binding obligation enforceable
against it in accordance with its terms, except as enforceability may be
limited by bankruptcy, insolvency, moratorium, reorganization or other
similar laws affecting creditors' rights generally and except as
enforceability may be limited by general principles of equity (regardless
of whether such enforceability is considered in a proceeding in equity or
at law);
(b) on the date hereof, the representations and warranties set forth
in Article III of the Credit Agreement are and will be true and correct
with the same effect as if made on the date hereof, except to the extent
such representations and warranties expressly relate to an earlier date;
and
(c) on the date hereof, after giving effect to this Amendment, no
Default or Event of Default shall have occurred and be continuing.
SECTION 7. Amendment Fee. In consideration of the agreements of the
Required Lenders contained in this Amendment, the Borrowers agree to pay to the
Administrative Agent, for the account of each Lender that delivers an executed
counterpart of this Amendment prior to 5:00 p.m., New York City time, on
December 17, 2003, an amendment fee (the "Amendment Fee") in an amount equal to
20 basis points of the aggregate amount of such Lender's outstanding Commitments
as of such date.
SECTION 8. Conditions to Effectiveness. This Amendment shall become
effective as of the date first above written (the "Amendment Date") when:
(a) the Administrative Agent shall have received (i) counterparts of this
Amendment that, when taken together, bear the signatures of each of Holdings,
the Borrowers listed on Schedule 1 hereto and the Required Lenders and (ii) the
Amendment Fee;
(b) a certificate of an officer of Holdings and the Parent Borrower shall
have been delivered to the Administrative Agent (i) confirming that each of the
representations and warranties contained in Section 6 hereof are true and
correct; and
5
(c) the Administrative Agent shall have received such documents and
certificates as the Administrative Agent or its counsel may reasonably request
relating to the organization, existence and good standing of each Loan Party and
the authorization of this Amendment, all in form and substance satisfactory to
the Administrative Agent and its counsel.
SECTION 9. Credit Agreement. Except as specifically provided hereby, the
Credit Agreement and the other Loan Documents shall continue in full force and
effect in accordance with the provisions thereof as in existence on the date
hereof. After the date hereof, any reference to any Loan Document shall mean
such Loan Document as modified hereby. This Amendment shall be a Loan Document
for all purposes.
SECTION 10. Applicable Law. This Amendment shall be governed by, and
construed in accordance with, the laws of the State of New York.
SECTION 11. Counterparts. This Amendment may be executed in two or more
counterparts, each of which shall constitute an original but all of which when
taken together shall constitute one contract. Delivery of an executed signature
page of this Amendment by facsimile transmission shall be effective as delivery
of a manually executed counterpart hereof.
SECTION 12. Headings. The Section headings used herein are for convenience
of reference only, are not part of this Amendment and are not to affect the
construction of, or to be taken into consideration in interpreting, this
Amendment.
6
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
duly executed by their respective authorized officers as of the day and year
first written above.
TRIMAS CORPORATION,
by /s/ ▇▇▇▇▇▇ ▇. ▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇.
Title:
TRIMAS COMPANY LLC,
by /s/ ▇▇▇▇▇▇ ▇. ▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇
Title:
THE SUBSIDIARIES LISTED ON SCHEDULE 1 HERETO,
by /s/ ▇▇▇▇▇▇ ▇. ▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇
Title:
JPMORGAN CHASE Bank, individually and as
Administrative Agent and Collateral Agent,
by /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇
Title:
7
CSFB CAYMAN ISLANDS BRANCH, individually and as
Syndication Agent,
by /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Director
by
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Associate
COMERCIA BANK, individually and as Documentation Agent,
by /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Associate
NATIONAL CITY BANK, individually and as Documentation
Agent,
by
Name:
Title:
WACHOVIA BANK, NATIONAL ASSOCIATION, individually and
as Documentation Agent,
by /s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Vice President
8
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: CONTINENTAL ASSURANCE COMPANY,
on behalf of its Separate Account (E)
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Vice President and Assistant
Treasurer
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: LANDMARK CDO LIMITED,
By: Aladdin Capital Management LLC
as Manager
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, CFA
Title: Authorized Signatory
9
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: LANDMARK II CDO LIMITED,
By: Aladdin Capital Management LLC
as Manager
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, CFA
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: LANDMARK III CDO LIMITED,
By: Aladdin Capital Management LLC
as Manager
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, CFA
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: NOMURA BOND & LOAN
By: UFJ Trust Bank Limited
as Trustee
By: Nomura Corporate Research and
Asset Management Inc.
as Attorney in Fact
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇ ▇▇▇▇▇▇▇
Title: Managing Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: CLYDESDALE CLO 2001-1, LTD.
By: Nomura Corporate Research and
Asset Management Inc.
as Collateral Manager
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇ ▇▇▇▇▇▇▇
Title: Managing Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: TRUMBULL THC, Ltd.
By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Attorney in Fact
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: Toronto Dominion (New York) Inc.
By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: CSAM FUNDING I
By:
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: CSAM FUNDING II
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: CSAM FUNDING III
By:
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ATRIUM CDO
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: FIRST DOMINION FUNDING III
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: INDOSUEZ CAPITAL FUNDING VI,
LIMITED
By: Indosuez Capital as Collateral Manager
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇ ▇. ▇▇▇▇▇
Title: Principal
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: DEUTSCHE BANK TRUST COMPANY AMERICAS
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: METLIFE
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: LCMI LIMITED PARTNERSHIP, As Lender
By: Lyon Capital Management LLC,
as Collateral Manager
By: /s/ ▇▇▇▇ ▇▇▇▇▇
Name: ▇▇▇▇ ▇▇▇▇▇
Title: Portfolio Manager
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: FRANKLIN FLOATING RATE TRUST
By: /s/ ▇▇▇▇▇ ▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: FRANKLIN FLOATING RATE MASTER SERIES
By: /s/ ▇▇▇▇▇ ▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: FRANKLIN FLOATING RATE DAILY ACCESS FUND
By: /s/ ▇▇▇▇▇ ▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: FRANKLIN CLO II, LIMITED
By: /s/ ▇▇▇▇▇ ▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: FRANKLIN CLO III, LIMITED
By: /s/ ▇▇▇▇▇ ▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: FRANKLIN CLO IV, LIMITED
By: /s/ ▇▇▇▇▇ ▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: FRANKLIN TOTAL RETURN FUND
By: /s/ ▇▇▇▇▇ ▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇. DURATION INCOME TRUST
By: /s/ ▇▇▇▇▇ ▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: IKB CAPITAL CORPORATION
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇▇▇
Title: President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: BLACKROCK LIMITED DURATION INCOME TRUST
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: MAGNETITE IV CLO, LIMITED
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: MAGNETITE V CLO, LIMITED
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: PACIFICA CDO II, LTD.
By: Alcentra Inc., as its Investment Manager
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇ ▇. ▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: PACIFICA PARTNERS I LP
By: Alcentra Inc., as its Investment Manager
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇ ▇. ▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: MOUNTAIN CAPITAL CLO II LTD.
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: NATEXIS BANQUES POPULAIRES
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Vice President
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Associate
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: FIDELITY ADVISOR SERIES II: FIDELITY ADVISOR
FLOATING RATE HIGH INCOME FUND
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Assistant Treasurer
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: LAGUNA FUNDING LLC
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OFDECEMBER 17, 2003,
NAME OF INSTITUTION: RIVIERA FUNDING LLC
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: STANWICH LOAN FUNDING LLC
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: WINGED FOOT FUNDING TRUST
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: JUPITER FUNDING TRUST
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: TRANSAMERICA BUSINESS CAPITAL CORP.
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
Title: Senior Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: AERIES FINANCE-II LTD.
By: Patriarch Partners X, LLC, its Managing Agent
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇
Name: ▇▇▇▇ ▇▇▇▇▇▇
Title: Manager
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: CERES II FINANCE LTD.
By: Patriarch Partners IX, LLC, its Managing Agent
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇
Name: ▇▇▇▇ ▇▇▇▇▇▇
Title: Manager
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: CALLIDUS DEBT PARTNERS CLO FUND II, LTD.
By: Its Collateral Manager, Callidus Capital
Management, LLC
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Managing Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: LONGHORN CDO (CAYMAN) LTD.
By: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Investment Managers, L.P.
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: LONGHORN CDO II, LTD.
By: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Investment Managers, L.P.
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: LONGHORN CDO III, LTD.
By: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Investment Managers, L.P.
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: MASTER SENIOR FLOATING RATE TRUST
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇▇▇ ▇▇▇▇▇ PRIME RATE PORTFOLIO
By: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Investment Managers, L.P.
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇▇▇ ▇▇▇▇▇ GLOBAL INVESTMENT
SERIES: BANK LOAN INCOME PORTFOLIO
By: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Investment Managers, L.P.
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: GENERAL ELECTRIC CAPITAL CORPORATION
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: BRAYMOOR & CO.
By: Bear ▇▇▇▇▇▇▇ Asset Management, Inc.
as its attorney-in-fact
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
Title: Associate Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: GALLATIN FUNDING I LTD.
By: Bear ▇▇▇▇▇▇▇ Asset Management, Inc.
as its Collateral Manager
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
Title: Associate Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: GRAYSTON CLO 2001-01 LTD.
By: Bear ▇▇▇▇▇▇▇ Asset Management, Inc.
as its Collateral Manager
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
Title: Associate Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: COLUMBUS LOAN FUNDING, LTD. TRAVELERS ASSET
MANAGEMENT INTERNATIONAL COMPANY LLC
By: /s/ ▇▇▇▇ ▇'▇▇▇▇▇▇▇
Name: ▇▇▇▇ ▇'▇▇▇▇▇▇▇
Title:
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: CITIGROUP INVESTMENTS CORPORATE LOAN FUND INC. TRAVELERS
ASSET MANAGEMENT INTERNATIONAL COMPANY LLC
By: /s/ ▇▇▇▇ ▇'▇▇▇▇▇▇▇
Name: ▇▇▇▇ ▇'▇▇▇▇▇▇▇
Title:
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ARCHIMEDES FUNDING IV (CAYMAN),
LTD.
By: ING Capital Advisors LLC, as Collateral Manager
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: BALANCED HIGH YIELD FUND II, LTD.
By: ING Capital Advisors LLC, as Asset Manager
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ORYX CLO, LTD.
By: ING Capital Advisors LLC, as Collateral Manager
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: NEMEAN CLO, LTD.
By: ING Capital Advisors LLC, as Investment Manager
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: SEQUILS-ING I (HBDGM), LTD.
By: ING Capital Advisors LLC, as Collateral Manager
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: OAK HILL CREDIT PARTNERS I, LIMITED
By: Oak Hill CLO Management I, LLC
as Investment Manager
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: OAK HILL CREDIT PARTNERS II, LIMITED
By: Oak Hill CLO Management II, LLC
as Investment Manager
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: OAK HILL CREDIT PARTNERS III, LIMITED
By: Oak Hill CLO Management III, LLC
as Investment Manager
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: GALAXY CLO 2003-1, LTD.
By: AIG Global Investment Corp.
as Investment Advisor
By: /s/ W. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Name: W. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: SUNAMERICA LIFE INSURANCE
COMPANY
By: AIG Global Investment Corp.
as Investment Advisor
By: /s/ W. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Name: W. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: GALAXY CLO 1999-1, LTD.
By: AIG Global Investment Corp.
as Collateral Manager
By: /s/ W. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Name: W. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: VENTURE II CDO 2002, LIMITED
By: its investment advisor, MJX Asset Management, LLC.
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: VENTURE CDO 2002, LIMITED
By: its investment advisor, MJX Asset Management, LLC.
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: PROTECTIVE LIFE INSURANCE COMPANY
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: TRS ECLIPSE LLC
By: /s/ ▇▇▇▇▇▇▇ ▇'▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇'▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: MAPLEWOOD (CAYMAN) LIMITED
By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ & Company Inc. under delegated
authority from Massachusetts Mutual Life Insurance
Company as Investment Company as Investment Manager
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Title: Managing Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY
By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ & Company Inc. as Investment Adviser
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Title: Managing Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇▇ CDO LTD.
By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ & Company Inc. as Investment
Manager
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Title: Managing Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: SIMSBURY CLO, LIMITED
By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ & Company Inc. under delegated
authority from Massachusetts Mutual Life Insurance
Company as Collateral Manager
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Title: Managing Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: SUFFIELD CLO, LIMITED
By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ & Company Inc. as Collateral
Manager
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Title: Managing Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇ & ▇▇▇▇▇▇▇ ▇▇▇▇▇ FOUNDATION
By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ & Company Inc. as Investment
Manager
By:/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Title: Managing Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ELC (CAYMAN) LTD. 2000-I
▇▇▇▇▇ CLO LTD. 2000-I
By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ & Company Inc. as
Collateral Manager
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇, CFA
Title: Managing Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: FLAGSHIP CLO II
By: Flagship Capital Management, Inc.
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇ ▇. ▇▇▇▇▇
Title: Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: FLAGSHIP CLO 2001-1
By: Flagship Capital Management, Inc.
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇ ▇. ▇▇▇▇▇
Title: Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: AVALON CAPITAL LTD.
By: INVESCO Senior Secured Management, Inc. as
Portfolio Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: AVALON CAPITAL LTD. 2
By: INVESCO Senior Secured Management, Inc. as
Portfolio Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: OASIS COLLATERALIZED HIGH INCOME
PORTFOLIOS-1, LTD.
By: INVESCO Senior Secured Management, Inc. as
Sub-Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: CHARTER VIEW PORTFOLIO
By: INVESCO Senior Secured Management, Inc. as
Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: DIVERSIFIED CREDIT PORTFOLIO LTD.
By: INVESCO Senior Secured Management, Inc. as
Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: AIM FLOATING RATE FUND
By: INVESCO Senior Secured Management, Inc. as
Sub-Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: INVESCO EUROPEAN CDO I S.A.
By: INVESCO Senior Secured Management, Inc. as
Collateral Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇-▇ LTD.
By: INVESCO Senior Secured Management,Inc. as
Portfolio Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: SEQUILS-LIBERTY, LTD.
By: INVESCO Senior Secured Management, Inc. as
Collateral Manager
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: SARATOGA CLO I, LIMITED
By: INVESCO Senior Secured Management, Inc. as the
Asset Manager
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: SAGAMORE CLO LTD.
By: INVESCO Senior Secured Management, Inc. as
Collateral Manager
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: OAK HILL CREDIT PARTNERS III, LIMITED
(fka Dolphin Investment Co., Ltd.)
By: Oak Hill CLO Management III, LLC
as Investment Manager
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: NATIONAL CITY
By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Title: Assistant Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ALLSTATE LIFE INSURANCE COMPANY
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Authorized Signatory
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: AIMCO CDO SERIES 2000-A
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Authorized Signatory
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: AIMCO CLO SERIES 2001-A
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Authorized Signatory
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Title: Authorized Signatory
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: SENIOR DEBT PORTFOLIO
By: Boston Management and Research
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇ ▇▇▇▇▇ SENIOR INCOME TRUST
By: ▇▇▇▇▇ ▇▇▇▇▇ Management
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇ ▇▇▇▇▇ INSTITUITIONAL LOAN
FUND
By: ▇▇▇▇▇ ▇▇▇▇▇ Management
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: OXFORD STRATEGIC INCOME FUND
By: ▇▇▇▇▇ ▇▇▇▇▇ Management
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇ ▇▇▇▇▇ CDO III, LTD.
By: ▇▇▇▇▇ ▇▇▇▇▇ Management
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇ ▇▇▇▇▇ CDO IV, LTD.
By: ▇▇▇▇▇ ▇▇▇▇▇ Management
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: COSTANTINUS ▇▇▇▇▇ ▇▇▇▇▇ CDO V,
LTD.
By: ▇▇▇▇▇ ▇▇▇▇▇ Management
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇ ▇▇▇▇▇ CDO VI LTD.
By: ▇▇▇▇▇ ▇▇▇▇▇ Management
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇▇▇ & CO.
By: Boston Management and Research
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: BIG SKY SENIOR LOAN FUND, LTD.
By: ▇▇▇▇▇ ▇▇▇▇▇ Management
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇ ▇▇▇▇▇ VT FLOATING-RATE
INCOME FUND
By: ▇▇▇▇▇ ▇▇▇▇▇ Management
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇ ▇▇▇▇▇ LIMITED DURATION
INCOME FUND
By: ▇▇▇▇▇ ▇▇▇▇▇ Management
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: TOLLI & CO.
By: ▇▇▇▇▇ ▇▇▇▇▇ Management
as Investment Advisor
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: SEQUILS - CENTURION V, LTD.
By: American Express Asset Management Group Inc., as
Collateral Manager
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ Stavrkais
Title: Director - Operations
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: CENTURION CDO VI, LTD.
By: American Express Asset Management Group Inc., as
Collateral Manager
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Title: Director - Operations
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: CENTURION CDO II, LTD.
By: American Express Asset Management Group Inc., as
Collateral Manager
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Title: Director - Operations
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: AMERICAN EXPRESS CERTIFICATE
COMPANY
By: American Express Asset Management Group Inc., as
Collateral Manager
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Senior Managing Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: IDS LIFE INSURANCE COMPANY
By: American Express Asset Management Group Inc., as
Collateral Manager
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Senior Managing Director
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: ▇▇▇▇▇▇ IV LEVERAGED LOAN CDO 2003
By: Prudential Investment Management, Inc.,
as attorney-in-fact
By: /s/ ▇▇▇▇ ▇▇▇▇
Name: ▇▇▇▇ ▇▇▇▇
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: CREDIT LYONNAIS NEW YORK BRANCH
By: /s/ Alex Averbulch
Name: Alex Averbulch
Title: Vice President
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: KZH CYPRESSTREE-1 LLC
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Authorized Agent
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: KZH ING-2 LLC
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Authorized Agent
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: KZH SOLEIL-2 LLC
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Authorized Agent
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: KZH STERLING LLC
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Authorized Agent
SIGNATURE PAGE TO AMENDMENT
NO. 1 AND AGREEMENT DATED AS
OF DECEMBER 17, 2003,
NAME OF INSTITUTION: FIFTH THIRD BANK, EASTERN MICHIGAN
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Vice President