AMENDMENT NO. 13 TO THE THIRD AMENDED AND RESTATED CREDIT AND REIMBURSEMENT AGREEMENT
Exhibit 10.1
EXECUTION COPY
AMENDMENT NO. 13 TO THE THIRD AMENDED AND
RESTATED
CREDIT AND REIMBURSEMENT AGREEMENT
Dated as of July 29, 2008
AMENDMENT NO. 13 TO THE THIRD AMENDED AND RESTATED CREDIT AND REIMBURSEMENT AGREEMENT (this “Amendment”) among The AES Corporation, a Delaware corporation (the “Borrower”), the Subsidiary Guarantors, the Bank Parties listed on the signature pages hereto, CITICORP USA, INC., as administrative agent (the “Agent”) and CITIBANK, N.A., as Collateral Agent, for the Bank Parties (the “Collateral Agent”).
PRELIMINARY STATEMENTS
(1) WHEREAS, the Borrower is party to a Third Amended and Restated Credit and Reimbursement Agreement dated as of March 17, 2004 (as amended, amended and restated, supplemented or otherwise modified up to the date hereof, the “Existing Bank Credit Agreement”; capitalized terms used herein but not defined shall be used herein as defined in the Credit Agreement) among the Subsidiary Guarantors, the Bank Parties, CITIGROUP GLOBAL MARKETS, INC., as Lead Arranger and Book Runner, BANC OF AMERICA SECURITIES LLC, as Lead Arranger and Book Runner and as Co-Syndication Agent (for the Initial Term Loan Facility), DEUTSCHE BANK SECURITIES INC., as Lead Arranger and Book Runner (for the Initial Term Loan Facility), UNION BANK OF CALIFORNIA, N.A., as Co-Syndication Agent (for the Initial Term Loan Facility) and as Lead Arranger and Book Runner and as Syndication Agent (for the Revolving Credit Facility), ▇▇▇▇▇▇ COMMERCIAL PAPER INC., as Co-Documentation Agent (for the Initial Term Loan Facility), UBS SECURITIES LLC, as Co-Documentation Agent (for the Initial Term Loan Facility), SOCIÉTÉ GÉNÉRALE, as Co-Documentation Agent (for the Revolving Credit Facility), CREDIT LYONNAISE NEW YORK BRANCH, as Co-Documentation Agent (for the Revolving Credit Facility), the Agent and the Collateral Agent; and
(2) WHEREAS, the Borrower and the Required Banks have agreed, subject to the terms and conditions hereinafter set forth, to amend and restate the Existing Bank Credit Agreement as set forth below (as amended and restated the “Credit Agreement”).
NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the sufficiency and receipt of all of which is hereby acknowledged, the parties hereto hereby agree as follows:
SECTION 1. Amendment. As of the Effective Date, the Credit Agreement is hereby amended as follows:
The Existing Bank Credit Agreement is hereby amended and restated as set forth in Annex A hereto.
SECTION 2. Conditions to Effectiveness. This Amendment shall become effective when, and only when, and as of the date (the “Effective Date”) on which (a) the Agent shall have received counterparts of this Amendment executed by the Borrower and each of the Subsidiary Guarantors and the Required Banks or, as to any of the Required Banks, advice satisfactory to the Agent that such Bank Party has executed this Amendment, (b) the Agent shall have received payment of all accrued fees and expenses of the Agent (including the reasonable and accrued fees of counsel to the Agent invoiced on or prior to the date hereof), (c) the Agent shall have received a favorable opinion of the Counsel of the Borrower regarding the due authorization, execution and delivery of this Amendment and other matters reasonably requested by the Agent and (d) the Agent shall have received a certificate signed by a duly authorized officer of the Borrower dated the Effective Date, to the effect that, after giving effect to this Amendment: (i) the representations and warranties contained in each of the Financing Documents are true and correct in all material respects on and as of the Effective Date as though made on and as of such date (unless stated to relate solely to an earlier date, in which case such representations and warranties are true and correct in all material respects as of such earlier date); and (ii) no Default has occurred and is continuing.
This Amendment is subject to the provisions of Section 10.05 of the Credit Agreement.
SECTION 3. Representations and Warranties. The Borrower represents and warrants as follows:
(a) The representations and warranties contained in each of the Financing Documents, after giving effect to this Amendment, are correct in all material respects on and as of the date of this Amendment, as though made on and as of such date (unless stated to relate solely to an earlier date, in which case such representations and warranties are true and correct in all material respects as of such earlier date).
(b) After giving effect to this Amendment, no Default has occurred and is continuing on the date hereof.
SECTION 4. Reference to and Effect on the Financing Documents. (a) On and after the Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Financing Documents to “the Agreement”, “thereunder”, “thereof”, or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as modified hereby.
(b) The Credit Agreement, the Notes and each of the other Financing Documents, as specifically modified by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Financing Documents, in each case as modified by this Amendment.
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(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Banks, nor constitute an amendment or waiver of any provision of the Credit Agreement or the other Financing Documents.
SECTION 5. Affirmation of Subsidiary Guarantors. Each Subsidiary Guarantor hereby consents to the amendments to the Credit Agreement effected hereby, and hereby confirms and agrees that, notwithstanding the effectiveness of this Amendment, the obligations of such Subsidiary Guarantor contained in Article IX of the Credit Agreement or in any other Financing Documents to which it is a party are, and shall remain, in full force and effect and are hereby ratified and confirmed in all respects, except that, on and after the effectiveness of this Amendment, each reference in Article IX of the Credit Agreement and in each of the other Financing Documents to “the Agreement”, “thereunder”, “thereof” or words of like import shall mean and be a reference to the Credit Agreement, as modified by this Amendment. Without limiting the generality of the foregoing, the Collateral Documents to which such Subsidiary Guarantor is a party and all of the Collateral described therein do, and shall continue to secure, payment of all of the Secured Obligations (in each case, as defined therein).
SECTION 6. GOVERNING LAW. THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
SECTION 7. WAIVER OF JURY TRIAL. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AMENDMENT OR THE ACTIONS OF THE COLLATERAL TRUSTEES OR THE AGENT IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT THEREOF.
SECTION 8. Execution in Counterparts. This Amendment may be executed by one or more of the parties to this Amendment on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument.
SECTION 9. Costs and Expenses. The Borrower hereby agrees to pay all reasonable costs and expenses associated with the preparation, execution, delivery, administration, and enforcement of this Amendment, including, without limitation, the fees and expenses of the Collateral Trustees’ and the Agent’s counsel and other out-of-pocket expenses related hereto. Delivery of an executed counterpart of a signature page to this Amendment by telecopier shall be effective as delivery of a manually executed counterpart of this Amendment.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered by their respective proper and duly authorized officers as of the day and year first above written.
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THE AES CORPORATION, |
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as Borrower |
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SUBSIDIARY GUARANTORS: |
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AES HAWAII MANAGEMENT COMPANY, INC., |
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as Subsidiary Guarantor |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ |
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Title: |
Treasurer |
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AES NEW YORK FUNDING, L.L.C., |
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as Subsidiary Guarantor |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ |
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Title: |
Treasurer |
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▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇. |
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AES OKLAHOMA HOLDINGS, L.L.C., |
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as Subsidiary Guarantor |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ |
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Title: |
Treasurer |
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AES WARRIOR RUN FUNDING, L.L.C., |
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as Subsidiary Guarantor |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ |
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Title: |
Treasurer |
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AGENTS: |
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CITICORP USA, INC., |
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as Agent |
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By: |
/s/ Nietsche Rodricks |
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Title: |
Director |
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Address: |
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Attention: |
Nietzsche Rodricks |
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Email: |
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CITIBANK N.A., |
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as Collateral Agent |
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By: |
/s/ Nietsche Rodricks |
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Title: |
Director |
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Address: |
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Attention: |
Nietzsche Rodricks |
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ABN AMRO BANK N.V. |
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as Lender |
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By: |
/S/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ |
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Name: |
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Title: |
Director |
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By: |
/S/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ |
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Name: |
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Title: |
Vice President |
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Pinehurst Trading, Inc. |
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as Lender |
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By: |
/S/ ▇▇▇▇ ▇. ▇▇▇▇▇ |
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Name: |
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Title: |
Assistant Vice President |
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Transamerica Life Insurance Company |
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as Lender |
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By: |
/S/ ▇▇▇▇ ▇▇▇▇▇▇ |
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Name: |
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Title: |
Vice President |
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By: AllianceBernstein L.P., as Investment Advisor |
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ |
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Name: |
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Title: |
Senior Vice President |
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Account:
Alliance Capital Funding LLC
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AMMC CLO IV, LIMITED |
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By: |
American Money Management Corp., |
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as Collateral Manager |
as Lender
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. Eng |
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Name: |
▇▇▇▇▇▇▇ ▇. Eng |
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Title: |
Senior Vice President |
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AMMC CLO VI, LIMITED |
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By: |
American Money Management Corp., |
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as Collateral Manager |
as Lender
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By: |
/S/ ▇▇▇▇▇▇▇ ▇. Eng |
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Name: |
▇▇▇▇▇▇▇ ▇. Eng |
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Title: |
Senior Vice President |
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Australia and New Zealand Banking Group Limited |
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as Lender |
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By: |
/s/ ▇▇▇▇ ▇. ▇▇▇▇ |
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Name: |
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Title: |
Deputy General Manager |
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Bank of America, N.A. |
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as Lender |
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By: |
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇ |
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Name: |
▇▇▇▇▇ ▇▇▇▇▇▇ |
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Title: |
Vice President |
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Ballantyne Funding LLC |
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇▇▇▇ |
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Name: |
▇▇▇▇▇▇▇ ▇▇▇▇ |
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Title: |
Vice President |
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BlackRock Limited Duration Income Trust |
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BlackRock Global Floating Rate Income Trust |
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BlackRock Floating Rate Income Strategies Fund, Inc. |
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Longhorn CDO (Cayman) LTD |
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Longhorn CDO III, LTD |
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Master Senior Floating Rate Trust |
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ |
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Name: |
▇▇▇▇▇▇▇▇ ▇▇▇▇▇ |
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Title: |
Authorized Signatory |
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INWOOD PARK CDO LTD. |
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By: Blackstone Debt Advisors L.P. |
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as Collateral Manager |
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By: |
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Title: Authorized Signatory |
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▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ CDO
LTD. |
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By: |
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Title: Authorized Signatory |
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LOAN FUNDING VI LLC, |
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By: |
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Title: Authorized Signatory |
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MONUMENT PARK CDO LTD. |
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By: |
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Title: Authorized Signatory |
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▇▇▇▇▇ ▇▇▇▇▇▇ CDO LTD. |
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By: |
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Title: Authorized Signatory |
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BNP PARIBAS |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Name: |
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Title: |
Managing Director |
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By: |
/s/ ▇▇▇▇▇ ▇’▇▇▇▇▇ |
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Name: |
▇▇▇▇▇ ▇’▇▇▇▇▇ |
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Title: |
Managing Director |
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By: Callidus Debt Partners CLO Fund II, Ltd. By: Its Collateral Manager, Callidus Capital Management, LLC |
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as Lender |
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By: |
/s/ ▇▇▇ ▇▇▇▇▇▇▇▇ |
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Name: |
▇▇▇ ▇▇▇▇▇▇▇▇ |
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Title: |
Principal |
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By: Callidus Debt Partners CLO Fund III, Ltd. By: Its Collateral Manager, Callidus Capital Management, LLC |
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as Lender |
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By: |
/s/ ▇▇▇ ▇▇▇▇▇▇▇▇ |
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Name: |
▇▇▇ ▇▇▇▇▇▇▇▇ |
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Title: |
Principal |
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CALYON New York Branch |
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as Lender |
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By: |
/s/ ▇▇▇▇ ▇▇▇▇▇ |
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Name: |
▇▇▇▇ ▇▇▇▇▇ |
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Title: |
Managing Director |
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CALYON New York Branch |
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as Lender |
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By: |
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇. |
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Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇. |
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Title: |
Director |
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Citicorp USA, Inc. |
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as Lender |
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By: |
/s/ Nietzsche Rodricks |
Nietzsche ▇. ▇▇▇▇▇▇▇▇ |
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Name: |
Nietzsche Rodricks |
Director |
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Title: |
Vice President |
▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇ ▇▇▇▇▇ |
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▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ |
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CITIBANK, N.A. |
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as Lender |
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By: |
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
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Name: |
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Title: |
Attorney-In-Fact |
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By: |
/s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
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Name: |
▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
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Title: |
Vice President |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
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Name: |
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
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Title: |
Vice President |
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CREDIT SUISSE, CAYMAN ISLANDS BRANCH, |
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By: |
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
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Name: |
▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
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Title: |
DIRECTOR |
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By: |
/s/ Morenkeji ▇▇▇▇▇ |
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Name: |
MORENKEJI ▇▇▇▇▇ |
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Title: |
ASSOCIATE |
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29
|
Atrium CDO |
|
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|
as Lender |
|
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By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
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|
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Name: |
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
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Title: |
Authorized Signatory |
|
30
|
Atrium II |
|
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
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|
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Name: |
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
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Title: |
Authorized Signatory |
|
31
|
CSAM Funding I |
|
|
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
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|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
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Title: |
AUTHORIZED SIGNATORY |
|
32
|
CSAM Funding II |
|
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
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|
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Name: |
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
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Title: |
Authorized Signatory |
|
33
|
CSAM Funding III |
|
|
as Lender |
|
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By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
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|
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Name: |
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
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Title: |
Authorized Signatory |
|
34
|
First Daninion Funding III |
|
|
as Lender |
|
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By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
|
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Title: |
Authorized Signatory |
|
35
|
Madison Park Funding II |
|
|
as Lender |
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By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
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|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
|
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Title: |
Authorized Signatory |
|
36
|
Madison Park Funding III |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
|
|
Title: |
Authorized Signatory |
|
37
|
Madison Park Funding V |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
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|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
|
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Title: |
Authorized Signatory |
|
38
DEUTSCHE BANK TRUST COMPANY AMERICAS
as Lender
|
By: |
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ |
|
|
|
Title: |
Director |
|
|
By: |
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
Title: |
Managing Director |
|
39
Fidelity Advisor Series 1: Fidelity Advisor Floting Rate High Income Fund
|
|
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ |
|
|
|
Title: |
Assistant Treasurer |
|
40
Ballyrock CLO II Limited
By: BALLYROCK Investment Advisors LLC, as Collateral Manager
|
|
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇ ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇ ▇▇▇▇▇ |
|
|
|
Title: |
Assistant Treasurer |
|
41
▇▇▇▇▇▇▇ ▇▇▇▇▇
CREDIT PARTNERS, L.P.
|
|
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇▇ |
|
|
|
Title: |
Authorized Signatory |
|
42
|
MAGMA CDO LTD. |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
Title: |
Director |
|
43
|
AVALON CAPITAL LTD. 3 |
|
|
|
|
By: |
INVESCO Senior Secured
Management, Inc. |
|
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
Title: |
Authorized Signatory |
|
44
|
BELHURST CLO LTD. |
|
|
|
|
By: |
INVESCO Senior Secured
Management, Inc. |
|
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
Title: |
Authorized Signatory |
|
45
|
CHAMPLAIN CLO, LTD. |
|
|
|
|
By: |
INVESCO Senior Secured
Management, Inc. |
|
|
|
as Lender |
|
|
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
Title: |
Authorized Signatory |
|
46
|
DIVERSIFIED CREDIT PORTFOLIO LTD. |
|
|
|
|
By: |
INVESCO Senior Secured
Management, Inc. |
|
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
Title: |
Authorized Signatory |
|
47
|
KATONAH V, LTD. |
|
|
|
|
By: |
INVESCO Senior Secured
Management, Inc. |
|
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
Title: |
Authorized Signatory |
|
48
|
NAUTIQUE FUNDING LTD. |
|
|
|
|
By: |
INVESCO Senior Secured
Management, Inc. |
|
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
Title: |
Authorized Signatory |
|
49
|
SAGAMORE CLO LTD. |
|
|
|
|
By: |
INVESCO Senior Secured
Management, Inc. |
|
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
Title: |
Authorized Signatory |
|
50
|
SARATOGA CLO I, LIMITED |
|
|
|
|
By: |
INVESCO Senior Secured
Management, Inc. |
|
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
Title: |
Authorized Signatory |
|
51
|
WASATCH CLO LTD |
|
|
|
|
By: |
INVESCO Senior Secured
Management, Inc. |
|
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
Title: |
Authorized Signatory |
|
52
JPMorgan Chase Bank, N.A.
as Lender
|
By: |
/s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇ ▇▇▇▇▇▇▇▇▇ |
|
|
|
Title: |
Vice President |
|
53
|
KDPAM for The Boeing
Company Employee Retirement |
|
|
|
as Lender |
|
|
|
By: |
/s/ ▇▇▇▇▇ ▇. News |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. News |
|
|
|
Title: |
Sr. Portfolio Manager |
|
54
Re: AES Corporation
|
KDPAM for ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Marital Trust |
|
|
|
as Lender |
|
|
|
By: |
/s/ ▇▇▇▇▇ ▇. News |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. News |
|
|
|
Title: |
Sr. Portfolio Manager |
|
55
|
▇▇▇▇▇▇ COMMERCIAL PAPER INC. |
|
|
|
as Lender |
|
|
|
By: |
/s/ ▇▇▇▇▇▇▇ Beaunfeld |
|
|
|
|
Name: |
▇▇▇▇▇▇▇ Beaunfeld |
|
|
|
Title: |
Authorized Signatory |
|
56
|
Apostle ▇▇▇▇▇▇ ▇▇▇▇▇▇ Credit Opportunities Fund |
|
|
|
as Lender |
|
|
|
By: |
Please See Following Page |
|
|
|
|
Name: |
|
|
|
|
Title: |
|
|
57
|
APOSTLE ▇▇▇▇▇▇ ▇▇▇▇▇▇
CREDIT OPPORTUNITIES FUND, |
|||
|
|
|||
|
For
▇▇▇▇▇▇, ▇▇▇▇▇▇ & Company, L.P., |
|||
|
|
|||
|
By: |
▇▇▇▇▇▇,
▇▇▇▇▇▇ & Company, Incorporated, |
||
|
|
|
||
|
|
|
||
|
By: |
/s/ ▇▇▇▇ ▇. ▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇ ▇. ▇▇▇▇ |
|
|
|
Title: |
Vice President |
|
58
|
Apostle ▇▇▇▇▇▇ ▇▇▇▇▇▇ Senior Loan Fund |
|
|||
|
as Lender |
|
|
||
|
|
|
|
||
|
|
|
|
||
|
By: |
Please See Following Page |
|
|
|
|
|
Name: |
|
|
|
|
|
Title: |
|
|
|
59
|
APOSTLE ▇▇▇▇▇▇ ▇▇▇▇▇▇
SENIOR LOAN FUND, |
|||
|
|
|||
|
By: |
▇▇▇▇▇▇,
▇▇▇▇▇▇ & Company, L.P., |
||
|
|
|
||
|
By: |
▇▇▇▇▇▇,
▇▇▇▇▇▇ & Company, Incorporated, |
||
|
|
|
||
|
|
|
||
|
By: |
/S/ ▇▇▇▇ ▇. ▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇ ▇. ▇▇▇▇ |
|
|
|
Title: |
Vice President |
|
60
|
▇▇▇▇▇▇ ▇▇▇▇▇▇ Leveraged Senior Loan Fund Ltd. |
|
|
|
as Lender |
|
|
|
By: |
Please See Following Page |
|
|
|
|
Name: |
|
|
|
|
Title: |
|
|
61
|
▇▇▇▇▇▇ ▇▇▇▇▇▇ LEVERAGED
SENIOR LOAN FUND LTD. |
|
|
||
|
By: |
▇▇▇▇▇▇,
▇▇▇▇▇▇ & Company, L.P., |
|
||
|
By: |
▇▇▇▇▇▇,
▇▇▇▇▇▇ & Company, Incorporated, |
|
||
|
By: |
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
Title: |
Vice President |
|
62
|
The ▇▇▇▇▇▇ ▇▇▇▇▇▇ Senior Loan Fund, LLC |
|
|
|
as Lender |
|
|
|
By: |
Please See Following Page |
|
|
|
|
Name: |
|
|
|
|
Title: |
|
|
63
|
THE ▇▇▇▇▇▇ ▇▇▇▇▇▇ SENIOR LOAN FUND, LLC |
|
|
|
By ▇▇▇▇▇▇ ▇▇▇▇▇▇ and Company, L.P. |
|
|
|
its manager |
|
|
|
By ▇▇▇▇▇▇ ▇▇▇▇▇▇ and Company, Inc. |
|
|
|
its general partner |
|
|
|
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
By: |
▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
Title: |
Vice President |
|
64
|
The ▇▇▇▇▇▇ ▇▇▇▇▇▇ Senior Loan Fund II LLC |
|
|
|
as Lender |
|
|
|
By: |
Please See Following Page |
|
|
|
|
Name: |
|
|
|
|
Title: |
|
|
65
|
THE ▇▇▇▇▇▇ ▇▇▇▇▇▇ SENIOR LOAN FUND II LLC |
|
|
|
By: ▇▇▇▇▇▇, ▇▇▇▇▇▇ & Company, L.P., Its Managing Member |
|
|
|
By: ▇▇▇▇▇▇, ▇▇▇▇▇▇ & Company, Inc., Its General Partner |
|
|
|
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
By: |
▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
Title: |
Vice President |
|
66
|
Natixis ▇▇▇▇▇▇ ▇▇▇▇▇▇ Senior Loan Fund |
|
|
|
as Lender |
|
|
|
By: |
Please See Following Page |
|
|
|
|
Name: |
|
|
|
|
Title: |
|
|
67
NATIXIS ▇▇▇▇▇▇ ▇▇▇▇▇▇
SENIOR LOAN FUND,
As Lender
|
By: |
▇▇▇▇▇▇, ▇▇▇▇▇▇ and Company, L.P., |
|
|
|
Its Manager |
|
|
|
|
|
|
By: |
▇▇▇▇▇▇, ▇▇▇▇▇▇ and Company, Inc., |
|
|
|
Its General Partner |
|
|
By: |
/s/ ▇▇▇▇ ▇. ▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇ ▇. ▇▇▇▇ |
|
|
|
Title: |
Vice President |
|
68
|
Indosuez Capital Funding VI, LTD |
|
|
||
|
By: |
Lyon Capital Management
LLC |
|
||
Lyon Capital Management LLC
|
|
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
Title: |
Portfolio Manager |
|
69
LCM I LIMITED PARTNERSHIP
|
By: |
Lyon Capital Management LLC, |
|
|
|
As Collateral Manager |
|
LYON CAPITAL MANAGEMENT LLC
|
|
|
|
|
as Lender |
|
|
|
By: |
/S/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
Title: |
Portfolio Manager |
|
70
LCM II LIMITED PARTNERSHIP
|
By: |
Lyon Capital Management LLC, |
|
|
|
As Collateral Manager |
|
LYON CAPITAL MANAGEMENT LLC
|
|
|
|
|
as Lender |
|
|
|
By: |
/S/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
Title: |
Portfolio Manager |
|
71
LCM III, Ltd.
|
By: |
Lyon Capital Management LLC, |
|
|
|
As Collateral Manager |
|
LYON CAPITAL MANAGEMENT LLC
|
|
|
|
|
as Lender |
|
|
|
By: |
/S/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
Title: |
Portfolio Manager |
|
72
LCM IV, Ltd.
|
By: |
Lyon Capital Management LLC, |
|
|
|
As Collateral Manager |
|
LYON CAPITAL MANAGEMENT LLC
|
|
|
|
|
as Lender |
|
|
|
By: |
/S/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
Title: |
Portfolio Manager |
|
73
LCM V Ltd.
|
By: |
Lyon Capital Management LLC, |
|
|
|
As Collateral Manager |
|
LYON CAPITAL MANAGEMENT LLC
|
|
|
|
|
as Lender |
|
|
|
By: |
/S/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
Title: |
Portfolio Manager |
|
74
LCM VI, Ltd.
|
By: |
Lyon Capital Management LLC, |
|
|
|
As Collateral Manager |
|
LYON CAPITAL MANAGEMENT LLC
|
|
|
|
|
as Lender |
|
|
|
By: |
/S/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|
|
|
Title: |
Portfolio Manager |
|
75
|
▇▇▇▇▇▇▇ ▇▇▇▇▇ CAPITAL CORPORATION |
|
|
|
as Lender |
|
|
|
By: |
/s/ ▇▇▇▇▇ ▇.▇. ▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇.▇. ▇▇▇▇▇▇ |
|
|
|
Title: |
Vice President |
|
76
|
Monumental Life Insurance Company |
|
|
|
as Lender |
|
|
|
By: |
/s/ ▇▇▇▇ ▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇ ▇▇▇▇▇▇ |
|
|
|
Title: |
Vice President |
|
77
|
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BANK |
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ |
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Name: |
▇▇▇▇▇▇ ▇▇▇▇▇▇ |
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Title: |
Authorized Signatory |
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78
Flatiron CLO 2007-1 Ltd.
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By: |
New York Life Investment Management LLC, |
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as Collateral Manager and Attorney-In-Fact |
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as Lender |
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By: |
/s/ F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Name: |
F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Title: |
Director |
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79
MainStay Floating Rate Fund,
a series of Eclipse Funds, Inc.
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By: |
New York Life Investment Management LLC, |
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as Investment Manager |
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as Lender |
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By: |
/s/ F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Name: |
F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Title: |
Director |
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80
MainStay VP Floating Rate Portfolio,
a series of MainStay VP Series Fund, Inc.
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By: New York Life Investment Management LLC |
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as Lender |
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By: |
/s/ F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Name: |
F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Title: |
Director |
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81
New York Life Insurance and Annuity Corporation
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By: |
New York Life Investment Management LLC, |
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Its Investment Manager |
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as Lender |
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By: |
/s/ F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Name: |
F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Title: |
Director |
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82
NYLIM Flatiron CLO 2003-1 Ltd.
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By: |
New York Life Investment Management LLC, |
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as Collateral Manager and Attorney-In-Fact |
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as Lender |
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By: |
/s/ F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Name: |
F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Title: |
Director |
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83
NYLIM Flatiron CLO 2003-1 Ltd.
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By: |
New York Life Investment Management LLC, |
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as Collateral Manager and Attorney-In-Fact |
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as Lender |
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By: |
/s/ F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Name: |
F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Title: |
Director |
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84
NYLIM Flatiron CLO 2005-1 Ltd.
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By: |
New York Life Investment Management LLC, |
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as Collateral Manager and Attorney-In-Fact |
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as Lender |
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By: |
/s/ F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Name: |
F. ▇▇▇▇▇ ▇▇▇▇▇ |
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Title: |
Director |
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85
By: Mitsubishi UFJ Trust & Banking Corporation as Trustee
By: Nomura Corporate Research & Asset Management Inc.
Attorney In Fact
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Nomura Bond & Loan Fund |
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Name: |
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Title: |
Managing Director |
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86
Nomura Corporate Research
and Asset Management Inc.
as
Collateral Manager
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Clydesdale CLO 2003 Ltd. |
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Name: |
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Title: |
Managing Director |
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87
Nomura Corporate Research
and Asset Management Inc.
as
Investment Manager
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Clydesdale CLO 2005, Ltd. |
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Name: |
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Title: |
Managing Director |
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88
Nomura Corporate Research
and Asset Management Inc.
as
Investment Manager
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Clydesdale CLO 2007, Ltd. |
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Name: |
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Title: |
Managing Director |
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89
Nomura Corporate Research
and Asset Management Inc.
as
Investment Manager
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NCRAM Loan Trust |
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Name: |
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Title: |
Managing Director |
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90
Nomura Corporate Research
and Asset Management Inc.
as
Investment Manager
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NCRAM Senior Loan Trust 2005 |
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as Lender |
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By: |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Name: |
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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Title: |
Managing Director |
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91
|
Addison CDO, Limited |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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▇▇▇▇▇▇ Y. D. ▇▇▇ |
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Senior Vice President |
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92
|
American Scandia Trust High Yield Portfolio |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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▇▇▇▇▇▇ Y. D. ▇▇▇ |
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Senior Vice President |
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93
|
DELANO Company |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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▇▇▇▇▇▇ Y. D. ▇▇▇ |
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Senior Vice President |
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94
|
Fairway Loan Funding Company |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
Senior Vice President |
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95
|
Loan Funding III LLC |
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By: |
Pacific Investment Management
Company LLC, |
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
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Senior Vice President |
|
96
|
Mayport CLO Ltd. |
|
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
Senior Vice President |
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97
|
Met Investors Series Trust PIMCO Total Return Portfolio |
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By: |
Pacific Investment
Management Company LLC, as its |
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
Senior Vice President |
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98
|
Pacific Select Managed Bond Fund |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
Senior Vice President |
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99
|
PVIT High Yield Bond Portfolio |
|
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|
By: |
Pacific Investment
Management Company LLC, |
|
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
Senior Vice President |
|
100
|
PIMCO GIS High Yield Bond Fund |
|
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||
|
By: |
Pacific Investment
Management Company LLC, |
|
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
Senior Vice President |
|
101
|
PIMCO High Yield Fund |
|
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|
By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
Senior Vice President |
|
102
|
PIMCO Floating Income Fund |
|
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|
By: |
Pacific Investment
Management Company LLC, |
|
|
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
Senior Vice President |
|
103
|
PIMCO Corporate Opportunity Fund |
|
|
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|
By: |
Pacific Investment
Management Company LLC, |
|
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
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|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
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|
Senior Vice President |
|
104
|
PIMCO Floating Rate Income Fund |
|
|
||
|
By: |
Pacific Investment
Management Company LLC, |
|
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By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
|
|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
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|
Senior Vice President |
|
105
|
PIMCO Floating Rate Strategy Fund |
|
|
||
|
By: |
Pacific Investment
Management Company LLC, |
|
|
|
|
By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
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|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
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|
Senior Vice President |
|
106
|
PIMCO Cayman Global High Income Fund |
|
|
||
|
By: |
Pacific Investment Management
Company, |
|
|
|
|
By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
|
|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
|
|
Senior Vice President |
|
107
|
PIMCO Corporate Income Fund |
|
|
||
|
By: |
Pacific Investment
Management Company LLC, |
|
|
|
|
By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
|
|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
|
|
Senior Vice President |
|
108
|
PIMCO Global High Yield Strategy Fund |
|
|
||
|
By: |
Pacific Investment
Management Company LLC, |
|
|
|
|
By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
|
|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
|
|
Senior Vice President |
|
109
|
Southport CLO, Limited |
|
|
||
|
By: |
Pacific Investment
Management Company LLC, |
|
|
|
|
By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
|
|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
|
|
Senior Vice President |
|
110
|
Waveland – INGOTS, LTD. |
|
|
||
|
By: |
Pacific Investment
Management Company LLC, |
|
|
|
|
By: |
/s/ ▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
|
|
▇▇▇▇▇▇ Y. D. ▇▇▇ |
|
|
|
Senior Vice President |
|
111
|
▇▇▇▇▇▇
V-LEVERAGED LOAN CDO 2003 |
|
|
|
|
|
|
Prudential Investment Management, Inc., as Collateral Manager
|
By: |
/s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ |
|
|
|
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Name: |
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ |
|
|
|
Title: |
Vice President |
|
112
Loan Funding V. LLC
as Lender
Prudential Investment Management, Inc., as Portfolio Manager
|
By: |
/S/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ |
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|
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Name: |
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ |
|
|
|
Title: |
Vice President |
|
113
▇▇▇▇▇▇ VII - LEVERAGED LOAN CDO 2004
as Lender
Prudential Investment Management, Inc., as Collateral Manager
|
By: |
/S/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ |
|
|
|
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Name: |
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ |
|
|
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Title: |
Vice President |
|
114
▇▇▇▇▇▇ XVI - Leveraged Loan CDO 2006
as Lender
Prudential Investment Management, Inc., as Collateral Manager
|
By: |
/S/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ |
|
|
|
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Name: |
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ |
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|
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Title: |
Vice President |
|
115
Ameriprise Certificate Company
as Lender
|
By: |
/S/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
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Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
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|
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Title: |
Assistant Vice President |
|
116
|
RiverSource Life Insurance |
|
|
Company |
|
|
as Lender |
|
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By: |
/S/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
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Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
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Title: |
Assistant Vice President |
|
117
|
RiverSource Bond Series, Inc. |
|
|
as Lender |
|
|
By: |
/S/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
Title: |
Assistant Vice President |
|
118
|
Ameriprise Financial, Inc. |
|
|
as Lender |
|
|
By: |
/S/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
Title: |
Assistant Vice President |
|
119
|
Centurion CDO VI, Ltd. |
|
|
By: RiverSource Investments, |
|
|
LLC as Collateral Manager |
|
|
as Lender |
|
|
By: |
/S/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
Title: |
Director of Operations |
|
120
|
Centurion CDO VII, Ltd. |
|
|
By: RiverSource Investments, |
|
|
LLC as Collateral Manager |
|
|
as Lender |
|
|
By: |
/S/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
Title: |
Director of Operations |
|
121
|
Centurion CDO 8,
Limited |
|
|
as Lender |
|
|
By: |
/S/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
Title: |
Director of Operations |
|
122
|
Centurion CDO 9, Ltd. |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
Title: |
Director of Operations |
|
123
|
Cent CDO 10, Ltd. |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
Title: |
Director of Operations |
|
124
|
Cent CDO XI, Limited |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
Title: |
Director of Operations |
|
125
|
Cent CDO 12 Limited |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
Title: |
Director of Operations |
|
126
|
Cent CDO 14 Limited |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
Title: |
Director of Operations |
|
127
|
Sequils Centurion V,
Ltd. |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
Title: |
Director of Operations |
|
▇▇▇
|
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇ ▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇ ▇▇▇▇ |
|
|
|
Title: |
Vice President |
|
129
|
▇▇▇▇▇▇▇▇▇ Amage CLO
Ltd. |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇ ▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇▇▇▇ |
|
|
|
Title: |
Managing Director |
|
130
|
▇▇▇▇▇▇▇▇▇/RMF Transatlantic CDO Ltd. By: ▇▇▇▇▇▇▇▇▇ Capital
Partners LLC |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇ ▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇▇▇▇ |
|
|
|
Title: |
Managing Director |
|
131
▇. ▇▇▇▇ Price
Institutional Floating Rate Fund
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ |
|
|
|
Title: |
Portfolio Manager |
|
132
UBS AG, Stamford Branch
|
|
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ |
|
|
|
Title: |
Director |
|
|
By: |
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇▇ ▇▇▇▇▇ |
|
|
|
Title: |
Associate Director |
|
133
|
Union Bank of California, N.A. |
|
|
as Lender |
|
|
By: |
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
|
Name: |
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
|
|
|
Title: |
Vice President |
|
134
ANNEX A