radnet_10q-ex1020.htm











EXHIBIT 10.20


 


AMENDMENT NO. 6 AND LIMITED WAIVER TO CREDIT AGREEMENT


 


This AMENDMENT NO. 6 To CREDIT AGREEMENT (this "Amendment"), dated as of April 18, 2008, by and among RADNET MANAGEMENT, INC., a California corporation (the "Borrower"), the other persons designated as Credit Parties on the signature pages hereof, GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, as agent ("Agent") and the Persons signatory thereto from time to time as Lenders.  Unless otherwise specified herein, capitalized terms used in this Amendment shall have the meanings ascribed to them in the Credit Agreement (each as hereinafter defined).


 


RECITALS


 


WHEREAS, the Borrower, the Credit Parties, Agent and Lenders have entered into that certain Credit Agreement dated as of November 15, 2006 (as amended by that certain (i) Limited Waiver and Amendment No. 1 to Credit Agreement dated as of April 5, 2007, (ii) Amendment No. 2 to Credit Agreement dated as of May 30, 2007, (iii) Amendment No. 3 to Credit Agreement dated as of August 23, 2007, (iv) Amendment No. 4 to Credit Agreement dated as of December 3, 2007 and (v) Amendment No. 5 and Limited Waiver to Credit Agreement dated as of February 22, 2008, and as further amended, supplemented, restated or otherwise modified from time to time, the "Credit Agreement''); and


 


WHEREAS, the Borrowers, Agent and Requisite Lenders have agreed to the amendments as set forth herein;


 


NOW THEREFORE, in consideration of the mutual execution hereof and other good and valuable consideration, the parties hereto agree as follows:


 


1.           Amendment to Credit Agreement.


 


(a)           Amendment to Section 6.2(d).  Section 6.2(d) of the Credit Agreement is hereby amended by replacing the phrase "five (5) Business Days after the end of each Fiscal Month" which appears therein with the phrase "(i) ninety (90) days after the end of each Fiscal Month ending on or about December 31 or January 31, (ii) sixty (60) days after the end of each Fiscal Month ending on or about February 28 and (iii) forty-five (45) days after the end of each other Fiscal Month".


 


(b)           Amendment to Annex A.  Annex A of the Credit Agreement is hereby amended by deleting the phrase "described in Section 6.2(a)" from the last sentence of the definition of "Borrowing Base".


 


(c)           Amendment to Exhibit 6.2(d).  Exhibit 6.2(d) of the Credit Agreement is hereby amended by (i) replacing each occurrence of the phrase "[insert date of most recent monthly financial statements required to be delivered pursuant to Section 6.1(a) of Credit Agreement]" with "[insert date of most recent financial statements delivered to Agent]" and (ii) replacing each occurrence of the phrase "Fiscal Quarter" in footnote 2 with the phrase "Fiscal Month".


 


 




  





  











  






 


 


2.           Limited Waiver.  The Agent and Requisite Lenders hereby waive any breach of Section 6.2(d) of the Credit Agreement which has occurred on or prior to the date hereof, and any Default or Event of Default as a result thereof, to the extent arising solely from the failure of Borrower to deliver a Borrowing Base Certificate within five (5) Business Days after the end of each Fiscal Month.


 


The waiver set forth above shall be limited precisely as written and shall not be deemed or otherwise construed to constitute a waiver of any other Default or other Event of Default or any other provision the Credit Agreement or any other Loan Document or to prejudice any right, power or remedy which any Agent or any Lender may now have or may have in the future under or in connection with the Credit Agreement or any other Loan Document (after giving effect to this Agreement), all of which rights, powers and remedies are hereby expressly reserved by the Agent and Lenders.


 


3.           Representations and Warranties of Credit Parties.  The Credit Parties represent and warrant that:


 


(a)           the execution, delivery and performance by each Credit Party of this Amendment have been duly authorized by all necessary corporate action required on its part and this Amendment is a legal, valid and binding obligation of such Credit Party enforceable against such Credit Party in accordance with its terms except as the enforcement thereof may be subject to (i) the effect of any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors' rights generally and (ii) general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law); and


 


(b)           after giving effect to this Amendment, each of the representations and warranties contained in the Credit Agreement is true and correct in all material respects on and as of the date hereof as if made on the date hereof, except to the extent that such representations and warranties expressly relate to an earlier date.


 


4.           Conditions To Effectiveness.  This Amendment shall be effective upon satisfaction of the following conditions precedent:


 


(a)           This Amendment shall have been executed and delivered by the Agent, Requisite Lenders and the Credit Parties; and


 


(b)           The Agent shall have received, on behalf of each Lender who has executed this Amendment, a nonrefundable amendment fee equal to 0.05% of such Lender's Commitment, which fee shall be fully earned and payable on the date hereof.


 


5.           Reference To And Effect Upon The Credit Agreement.


 


(a)           The Credit Agreement and the other Loan Documents shall remain in full force and effect, as amended hereby, and are hereby ratified and confirmed.


 






  





2











  








 


(b)           The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Agent or any Lender under the Credit Agreement or any Loan Document nor constitute a waiver or amendment of any provision of the Credit Agreement or any Loan Document, except as specifically set forth herein.  Upon the effectiveness of this Amendment, each reference in the Credit Agreement to "this Credit Agreement," "hereunder," "hereof," "herein" or words of similar import shall mean and be a reference to the Credit Agreement as amended hereby.


 


6.           Governing Law.  THIS AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK.


 


7.           Headings.  Section headings in this Amendment are included herein for convenience of reference only and shall not constitute a part of this Amendment for any other purposes.


 


8.           Counterparts.  This Amendment may be executed in any number of counterparts, each of which when so executed shall be deemed an original, but all such counterparts shall constitute one and the same instrument.


 


9.           Reaffirmation of Guaranties.  The Credit Parties signatory hereto hereby reaffirm their Guaranties of the Obligations and reaffirm that the Obligations are and continue to be secured by the security interest granted by the Credit Parties in favor of the Agent, on behalf of itself and the Lenders, under the Security Agreement and the Pledge Agreement and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Credit Parties under such documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Credit Parties.  Each Credit Party acknowledges that all references to "Credit Agreement" and "Obligations" in the Loan Documents shall take into account the provisions of this Amendment and be a reference to the "Credit Agreement"' and the "Obligations" as amended hereby.


   




  





3











  






 


IN WITNESS WHEREOF, the parties hereto have executed and delivered this Amendment as of the date first written above.


 


   




	 	

RADNET MANAGEMENT, INC.

	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 











   




	 	

RADNET, INC.

	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 







   




	 	

RADNET MANAGEMENT, INC.

	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 











	 	





BEVERLY RADIOLOGY MEDICAL GROUP III





	 
	 	 	 	 
	 	By:	

ProNet Imaging Medical Group, Inc., its general partner

	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 
	 	By:	

Beverly Radiology Medical Group, Inc., its general partner

	 
	 	 	 	 
	 	By:	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	

PRONET IMAGING MEDICAL GROUP, INC.

	 
	 	 	 	 
	 	By:	

/s/ Howard G. Berger

	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 







   


Signature Page to Amendment No. 6 to Credit Agreement




  





  











  






















	 	



BEVERLY RADIOLOGY MEDICAL GROUP, INC.



	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 








    







 





	 	





RADNET SUB, INC.





	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 










 





	 	







SOCAL MR SITE MANAGEMENT, INC.







	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 









 


   





	 	









RADNET MANAGEMENT I, INC.









	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 








    






   





	 	











RADNET MANAGEMENT II, INC.











	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 








    

























 


Signature Page to Amendment No. 6 to Credit Agreement




  





  











  






   









	 	













RADNET MANAGED IMAGING SERVICES, INC.













	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 








    


   












	 	













DIAGNOSTIC IMAGING SERVICES, INC.













	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: Chief Financial Officer

	 
	 	 	 	 








    


   





	 	













RADIOLOGIX, INC.













	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 








 


       





	 	















ADVANCED IMAGING PARTNERS, INC.















	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 








 


   





	 	















IDE IMAGING PARTNERS, INC.















	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 








    


Signature Page to Amendment No. 6 to Credit Agreement




  





  











  


























 







	 	

















MID ROCKLAND IMAGING PARTNERS, INC.

















	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 








    











   





	 	

















PACIFIC IMAGING PARTNERS, INC.

















	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 








    









   





	 	

















QUESTAR IMAGING, INC.

















	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 







 






	 	



















TREASURE COAST IMAGING PARTNERS, INC.



















	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 







 






	 	



















COMMUNITY IMAGING PARTNERS, INC.



















	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 







    


Signature Page to Amendment No. 6 to Credit Agreement




  





  











  




























	 	

















RADIOLOGY AND NUCLEAR MEDICINE IMAGING PARTNERS, INC.

















	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 








    











   





	 	

























VALLEY IMAGING PARTNERS, INC.

























	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 








    









   





	 	

















QUESTAR DULUTH, INC.

















	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 







 






	 	



















QUESTAR LOS ALAMITOS, INC.



















	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 







 






	 	



















QUESTAR VICTORVILLE, INC.



















	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 





   


Signature Page to Amendment No. 6 to Credit Agreement






  





  











  






















   








	 	





















ROCY MOUNTAIN OPENSCAN MRI, LLC





















	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 







 


   
















	 	























FRI, INC.























	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 







 


   

















	 	























FRI II, INC.























	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 







 


 



















	 	

























ROLLING OAKS IMAGING CORPORATION

























	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 







 













 









	 	



























ROLLING OAKS RADIOLOGY, INC.



























	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 







 


 










	 	



























DELAWARE IMAGING PARTNERS, INC.



























	 
	 	 	 	 
	
 

	
By: 

	/s/ Howard G. Berger	 
	 	 	

Name: Howard G. Berger, M.D.

	 
	 	 	

Title: President

	 
	 	 	 	 





 


Signature Page to Amendment No. 6 to Credit Agreement




  





  











  






   








	 	























GENERAL ELECTRIC CAPITAL CORPORATION




as Agent and a Lender

























	 
	 	 	 	 
	
 

	
By: 

	/s/ Andrew Moore	 
	 	 	

Duly Authorized Signatory

	 















 



Signature Page to Amendment No. 6 to Credit Agreement




  





  











  




   







































	 	























Cratos CLO I LTD.























	 
	 	 	 
	 	By:	Cratos CDO Management, LLC	 
	 	 	

As Attorney-in-fact

	 
	 	 	 	 
	
 

	
By: 

	Cratos CDO Management, LLC	 
	 	 	

As Attorney-in-fact

	 
	 	 	

 

	 
	 	By:	

Cratos Capital Partners, LLC

	 
	 	 	Its Manager	 
	 	 	 	 
	 	By:	/s/ Phyliss Hasen	 
	 	 	



Name: Phyliss Hasen


Title: Managing Diretor

	 

















    



Signature Page to Amendment No. 6 to Credit Agreement



  






  












 


 



  














	 	























Cratos CLO II LTD.























	 
	 	 	 
	 	By:	Deutsche Bank AG, Cayman Island Branch	 
	 	 	

As Attorney-in-fact

	 
	 	 	 	 
	
 

	
By: 

	John Kim	 
	 	 	

Name: John Kim

	 
	 	 	

Title: Director

	 
	 	 	 	 
	 	 	 	 
	 	By:	/s/ Zhongwei Wu	 
	 	 	



Name: Zhongwei Wu


Title: Director



	 




















  


Signature Page to Amendment No. 6 to Credit Agreement




  





  











  








   




	 	ACA CLO 2006-2, Limited, as a Lender	 
	 	 	 	 
	
 

	
By: 

	/s/ Vincent Ingato	 
	 	 	Name: Vincent Ingato	 
	 	 	Title: Managing Director	 
	 	 	 	 







 


 


Signature Page to Amendment No. 6 to Credit Agreement




  





  











  






 




	 	ACA CLO 2007-1, Limited, as a Lender	 
	 	 	 	 
	
 

	
By: 

	/s/ Vincent Ingato	 
	 	 	Name: Vincent Ingato	 
	 	 	Title: Managing Director	 
	 	 	 	 







 


   


Signature Page to Amendment No. 6 to Credit Agreement




 





 











 







 





	 	
Greyrock CDO Limited


  


By Aladdin Capital Management, as a Lender

	 
	 	 	 	 
	
 

	
By: 

	/s/ Giulio Ponte	 
	 	 	Name: Giulio Ponte	 
	 	 	Title: Authorized Signatory	 
	 	 	 	 







 


  


Signature Page to Amendment No. 6 to Credit Agreement




 





 











 










   






	 	

Landmark II CDO Limited


By Aladdin Capital Management, as a Lender



	 
	 	 	 	 
	
 

	
By: 

	/s/ Giulio Ponte	 
	 	 	Name: Giulio Ponte	 
	 	 	Title: Authorized Signatory	 
	 	 	 	 







   


  


Signature Page to Amendment No. 6 to Credit Agreement




 





 











 






  





	 	



Landmark IX CDO Limited


By Aladdin Capital Management, as a Lender





	 
	 	 	 	 
	
 

	
By: 

	/s/ Giulio Ponte	 
	 	 	Name: Giulio Ponte	 
	 	 	Title: Authorized Signatory	 
	 	 	 	 







   


  


Signature Page to Amendment No. 6 to Credit Agreement




 





 











 














   





	 	



Landmark VI CDO Limited


By Aladdin Capital Management, as a Lender





	 
	 	 	 	 
	
 

	
By: 

	/s/ Giulio Ponte	 
	 	 	Name: Giulio Ponte	 
	 	 	Title: Authorized Signatory	 
	 	 	 	 







   






   


Signature Page to Amendment No. 6 to Credit Agreement




  





  











  








   








	 	



Landmark VII CDO Limited


By Aladdin Capital Management, as a Lender





	 
	 	 	 	 
	
 

	
By: 

	/s/ Giulio Ponte	 
	 	 	Name: Giulio Ponte	 
	 	 	 	 







   











 


Signature Page to Amendment No. 6 to Credit Agreement




  





  











  








 









	 	





BLACK DIAMOND CLO 2006-1 (CAYMAN)Ltd.


By: Black Diamond CLO 2006-1 Advisor, LLC.,


As its Collateral Manager







	 
	 	 	 	 
	
 

	
By: 

	/s/ Stephen H. Deckoff	 
	 	 	Name: Stephen H. Deckoff	 
	 	 	Title: Managing Principal	 







   










  


   Signature Page to Amendment No. 6 to Credit Agreement




  





  











  






   









	 	







BLACK DIAMOND CLO 2005-2 Ltd.


By: Black Diamond CLO 2005-2 Advisor, LLC.,


As its Collateral Manager









	 
	 	 	 	 
	
 

	
By: 

	/s/ Stephen H. Deckoff	 
	 	 	Name: Stephen H. Deckoff	 
	 	 	Title: Managing Principal	 







   

















   Signature Page to Amendment No. 6 to Credit Agreement




  





  











  




   














	 	







DIAMOND SPRINGS TRADING LLC, as a Lender









	 
	 	 	 	 
	
 

	
By: 

	/s/ Tara E. Kennedy	 
	 	 	Name: Tara E. Kennedy	 
	 	 	Title: Assistance Vice President	 







   














Signature Page to Amendment No. 6 to Credit Agreement




  





  











  








 











	 	









CIFC Funding 2006-I, Ltd


CIFC Funding 2006-IB, Ltd.


CIFC Funding 2006-II, Ltd.


CIFC Funding 2007-I, Ltd.


CIFC Funding 2007-II, Ltd.,


as Lender











	 
	 	 	 	 
	
 

	
By: 

	/s/ Elizabeth C. Chow	 
	 	 	Name: Elizabeth C. Chow	 
	 	 	Title: Head of Underwriting	 







   


 


Signature Page to Amendment No. 6 to Credit Agreement




 





 











 




















 











	 	









PREMIER FUNDING, LTD., as a Lender











	 
	 	 	 
	 	By: Citigroup Global Markets Realty Corp., as Collateral Administrator	 
	 	 	 	 
	
 

	
By: 

	/s/ Authorized Signatory	 
	 	 	Title: Authorized Signatory	 
	 	 	 	 







   
















   


Signature Page to Amendment No. 6 to Credit Agreement




  





  











  




 














	 	











ColumbusNova CLO Ltd. 2006-II


as Lender













	 
	 	 	 
	
 

	
By: 

	/s/ Paul L. Cal	 
	 	 	Name: Paul L. Cal	 
	 	 	Title: Associate Director	 







   


   





























	 	











ColumbusNova CLO Ltd. 2007-I


as Lender













	 
	 	 	 
	
 

	
By: 

	/s/ Paul L. Cal	 
	 	 	Name: Paul L. Cal	 
	 	 	Title: Associate Director	 







   
















          












	 	











ColumbusNova CLO IV Ltd. 2007-II


as Lender













	 
	 	 	 
	
 

	
By: 

	/s/ Paul L. Cal	 
	 	 	Name: Paul L. Cal	 
	 	 	Title: Associate Director	 







   


 


Signature Page to Amendment No. 6 to Credit Agreement




 





 











 




























                                                












	 	









NAVIGATOR CDO 2005, LTD., as a Lender











	 
	 	 	 
	 	By: GE Asset Management Inc., as Collateral Manager	 
	 	 	 	 
	
 

	
By: 

	/s/ Kathleen Brooks	 
	 	 	Name: Kathleen Brooks	 
	 	 	Title: Authorized Signatory	 







   
















   












	 	











NAVIGATOR CDO 2006, LTD., as a Lender













	 
	 	 	 
	 	By: GE Asset Management Inc., as Collateral Manager	 
	 	 	 
	
 

	
By: 

	/s/ Kathleen Brooks	 
	 	 	Name: Kathleen Brooks	 
	 	 	Title: Authorized Signatory	 







   


 


Signature Page to Amendment No. 6 to Credit Agreement




 





 











 






 





























	 	













SANDELMAN FINANCE 2006-2, LTD.,


as a Lender















	 
	 	 	 
	 	By: Sandelman Partners, LP as Collateral Manager	 
	 	 	 
	
 

	
By: 

	/s/ Lou Terlizzi	 
	 	 	Name: Lou Terlizzi	 
	 	 	Title: Authorized Signatory	 







   
















          












	 	













SANDELMAN FINANCE 2006-1, LTD.,


as a Lender















	 
	 	 	 
	 	By: Sandelman Partners, LP as Collateral Manager	 
	 	 	 
	
 

	
By: 

	/s/ Lou Terlizzi	 
	 	 	Name: Lou Terlizzi	 
	 	 	Title: Authorized Signatory	 







   




























 


Signature Page to Amendment No. 6 to Credit Agreement




 





 











 






   


















	 	













ROYAL BANK OF CANADA, as a Lender















	 
	 	 	 
	
 

	
By: 

	/s/ Gordon MacArthur	 
	 	 	Name: Gordon MacArthur	 
	 	 	Title: Authorized Signatory	 







   
























Signature Page to Amendment No. 6 to Credit Agreement




  





  











  






    
















	 	













Pangaea Asset Management, LLC, as Collateral Agent of CLO 2007-1 LTD















	 
	 	 	 
	 	

Pangaea CLO 2007-1 LTD.


by Pangaea Asset Management, LLC, its CollateralManager as a Lender

	 
	 	 	 
	
 

	
By: 

	/s/ Matthew Nels	 
	 	 	Name: Matthew Nels	 
	 	 	Title: Assistant Secretary	 







   






















 



Signature Page to Amendment No. 6 to Credit Agreement




  





 











  






    
















	 	













Grand Central Asset Trust, BDC, Series, as a Lender















	 
	 	 	 
	
 

	
By: 

	/s/ Brian Schott	 
	 	 	Name: Brian Schott	 
	 	 	Title: Attorney-in-fact	 







   
























Signature Page to Amendment No. 6 to Credit Agreement




  





 











  






    
















	 	













SENIOR DEBT PORTFOLIO, as a Lender















	 
	 	 	 
	 	

By: Boston Management and Research as Investment Advisor

	 
	 	 	 
	
 

	
By: 

	/s/ Michael B. Botthof	 
	 	 	Name: Michael B. Botthof	 
	 	 	Title: Vice President	 







   






















 



Signature Page to Amendment No. 6 to Credit Agreement




  





 











  






    




















	 	













EATON VANCE SENIOR INCOME TRUST, as a Lender















	 
	 	 	 
	 	

By: Eaton Vance Management as Investment Advisor

	 
	 	 	 
	
 

	
By: 

	/s/ Michael B. Botthof	 
	 	 	Name: Michael B. Botthof	 
	 	 	Title: Vice President	 







   

























Signature Page to Amendment No. 6 to Credit Agreement




  





 











  






    





























	 	













EATON VANCE INSTITUTIONAL SENIOR LOAN FUND, as a Lender















	 
	 	 	 
	 	

By: Eaton Vance Management as Investment Advisor

	 
	 	 	 
	
 

	
By: 

	/s/ Michael B. Botthof	 
	 	 	Name: Michael B. Botthof	 
	 	 	Title: Vice President	 







   






















  



Signature Page to Amendment No. 6 to Credit Agreement




 





 











 






    
































	 	













EATON VANCE CDO VII PLC, as a Lender















	 
	 	 	 
	 	

By: Eaton Vance Management as Investment Advisor

	 
	 	 	 
	
 

	
By: 

	/s/ Michael B. Botthof	 
	 	 	Name: Michael B. Botthof	 
	 	 	Title: Vice President	 







   






















  



Signature Page to Amendment No. 6 to Credit Agreement




 





 











 






    



















	 	













EATON VANCE CDO VIII Ltd., as a Lender















	 
	 	 	 
	 	

By: Eaton Vance Management as Investment Advisor

	 
	 	 	 
	
 

	
By: 

	/s/ Michael B. Botthof	 
	 	 	Name: Michael B. Botthof	 
	 	 	Title: Vice President	 







   






















  



Signature Page to Amendment No. 6 to Credit Agreement




 





 











 






    




	 	













EATON VANCE CDO X PLC, as a Lender















	 
	 	 	 
	 	

By: Eaton Vance Management as Investment Advisor

	 
	 	 	 
	
 

	
By: 

	/s/ Michael B. Botthof	 
	 	 	Name: Michael B. Botthof	 
	 	 	Title: Vice President	 







   




































Signature Page to Amendment No. 6 to Credit Agreement




  





 











  












  





	 	













GRAYSON & CO., as a Lender















	 
	 	 	 
	 	

By: Boston Management and Research as Investment Advisor

	 
	 	 	 
	
 

	
By: 

	/s/ Michael B. Botthof	 
	 	 	Name: Michael B. Botthof	 
	 	 	Title: Vice President	 







   






Signature Page to Amendment No. 6 to Credit Agreement




  





 











  


   


  





	 	















EATON VANCE, as a Lender


LIMITED DURATION INCOME FUND

















	 
	 	 	 
	 	

By: Eaton Vance Management as Investment Advisor

	 
	 	 	 
	
 

	
By: 

	/s/ Michael B. Botthof	 
	 	 	Name: Michael B. Botthof	 
	 	 	Title: Vice President	 







   




   


Signature Page to Amendment No. 6 to Credit Agreement




  





 











  


    


  





	 	















EATON VANCE SENIOR FLOATING-RATE TRUST, as a Lender

















	 
	 	 	 
	 	

By: Eaton Vance Management as Investment Advisor

	 
	 	 	 
	
 

	
By: 

	/s/ Michael B. Botthof	 
	 	 	Name: Michael B. Botthof	 
	 	 	Title: Vice President	 







   




 


Signature Page to Amendment No. 6 to Credit Agreement




  





 











  


    


  





	 	















EATON VANCE FLOATING-RATE INCOME TRUST, as a Lender

















	 
	 	 	 
	 	

By: Eaton Vance Management as Investment Advisor

	 
	 	 	 
	
 

	
By: 

	/s/ Michael B. Botthof	 
	 	 	Name: Michael B. Botthof	 
	 	 	Title: Vice President	 







   


 

























Signature Page to Amendment No. 6 to Credit Agreement




  





 











  


    


  





	 	















EATON VANCE VARIABLE LEVERAGE FUND Ltd., as a Lender

















	 
	 	 	 
	 	

By: Eaton Vance Management as Investment Advisor

	 
	 	 	 
	
 

	
By: 

	/s/ Michael B. Botthof	 
	 	 	Name: Michael B. Botthof	 
	 	 	Title: Vice President	 







   














 


Signature Page to Amendment No. 6 to Credit Agreement




  





 











  


    


  





	 	















MC Funding Ltd., as a Lender

















	 
	 	 	 
	 	



By: Monroe Capital Management, LLC


As Collateral Manager



	 
	 	 	 
	
 

	
By: 

	/s/ Jeremy VanDermaid	 
	 	 	Name: Jeremy VanDermaid	 
	 	 	Title: Senior Vice President	 







   















 


Signature Page to Amendment No. 6 to Credit Agreement




  





 











  


    


  





	 	















ORIX FINANCE CORP., as a Lender

















	 
	 	 	 
	
 

	
By: 

	/s/ Christopher L. Smith	 
	 	 	Name: Christopher L. Smith	 
	 	 	Title: Authorized Representative	 







   










 


Signature Page to Amendment No. 6 to Credit Agreement




  





 











  


    


  





	 	















Satellite Senior Income Fund II, as a Lender

















	 
	 	 	 
	 	

By: Satellite Asset Management, LP.


Its Investment Manager

	 
	 	 	 
	
 

	
By: 

	/s/ Simon Raykher	 
	 	 	Name: Simon Raykher	 
	 	 	Title: General Counsel	 







   










     


Signature Page to Amendment No. 6 to Credit Agreement




  





 











  


    


  





	 	

















TELOS CLO 2006-1, LTD


TELOS CLO 2007-2, LTD



















	 
	 	 	 
	
 

	
By: 

	/s/ Jonathan Tepper	 
	 	 	Name: Jonathan Tepper	 
	 	 	Title: Principal	 







   
















Signature Page to Amendment No. 6 to Credit Agreement




  





 











  


    


  





	 	

















CoLTS 2005-2, LTD.,  as a Lender



















	 
	 	 	 
	 	

by: Structured Asset Investors, LLC


      as Collateral Manager

	 
	 	 	 
	
 

	
By: 

	/s/ Kevin McCarthy	 
	 	 	Name: Kevin McCarthy	 
	 	 	Title: Managing Director	 







   















 


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CoLTS 2007-1, LTD.,  as a Lender



















	 
	 	 	 
	 	

by: Structured Asset Investors, LLC


      as Collateral Manager

	 
	 	 	 
	
 

	
By: 

	/s/ Kevin McCarthy	 
	 	 	Name: Kevin McCarthy	 
	 	 	Title: Managing Director	 







   

















 


Signature Page to Amendment No. 6 to Credit Agreement




  





 











  


    


  





	 	

















Grand Central Asset Trust, DES Series, as a Lender



















	 
	 	 	 
	
 

	
By: 

	/s/ Roy Hykal	 
	 	 	Name: Roy Hykal	 
	 	 	Title: Attorney-in-fact	 







   










    

Signature Page to Amendment No. 6 to Credit Agreement




  





 











  


    


  





	 	

















Clear Lake CLO, Ltd., as a Lender



















	 
	 	 	 
	
 

	
By: 

	/s/ Jeremy Johnson	 
	 	 	Name: Jeremy Johnson	 
	 	 	Title: Assistant Vice President	 







   












Signature Page to Amendment No. 6 to Credit Agreement



  





 











  


    


  





	 	

















Diamond Lake CLO, Ltd., as a Lender



















	 
	 	 	 
	
 

	
By: 

	/s/ Jeremy Johnson	 
	 	 	Name: Jeremy Johnson	 
	 	 	Title: Assistant Vice President	 







   














Signature Page to Amendment No. 6 to Credit Agreement



  





 











  


    


  





	 	

















St. James River CLO, Ltd., as a Lender



















	 
	 	 	 
	
 

	
By: 

	/s/ Jeremy Johnson	 
	 	 	Name: Jeremy Johnson	 
	 	 	Title: Assistant Vice President	 







   













 


Signature Page to Amendment No. 6 to Credit Agreement



  





 











  


    


  





	 	

















Summit Lake CLO, Ltd., as a Lender



















	 
	 	 	 
	
 

	
By: 

	/s/ Jeremy Johnson	 
	 	 	Name: Jeremy Johnson	 
	 	 	Title: Assistant Vice President	 







   












 


Signature Page to Amendment No. 6 to Credit Agreement



  





 











  


    


  





	 	

















Victoria Falls CLO, Ltd., as a Lender



















	 
	 	 	 
	
 

	
By: 

	/s/ Jeremy Johnson	 
	 	 	Name: Jeremy Johnson	 
	 	 	Title: Assistant Vice President	 







   












 


Signature Page to Amendment No. 6 to Credit Agreement



  





 











  


    


  





	 	



















Merrill Lynch CLO 2007 -1 Ltd.


by 250 Capital LLC, its Collateral Manager


as a Lender





















	 
	 	 	 
	
 

	
By: 

	/s/ Kelli O’Connell	 
	 	 	Name: Kelli O’Connell	 
	 	 	Title: Managing Director	 







   












 


Signature Page to Amendment No. 6 to Credit Agreement