Exhibit 10.1


 


SIXTH
AMENDMENT TO CREDIT AGREEMENT


 


THIS
SIXTH AMENDMENT TO CREDIT AGREEMENT dated as of April 14, 2009 (the “Amendment”)
is entered into among Georgia Gulf Corporation, a Delaware corporation (“GGC”),
Royal Group, Inc. (formerly known as Royal Group Technologies Limited), a
Canadian federal corporation (the “Canadian Borrower”; together with
GGC, the “Borrowers”), the Guarantors, the Lenders party hereto, Bank of
America, National Association, as Domestic Administrative Agent and Bank of America,
National Association acting through its Canada branch, as Canadian
Administrative Agent.  All capitalized
terms used herein and not otherwise defined herein shall have the meanings
given to such terms in the Credit Agreement (as defined below).


 


RECITALS


 


WHEREAS,
the Borrowers, the Guarantors, the Lenders, Bank of America, National
Association, as Domestic Administrative Agent, Domestic Collateral Agent and
Domestic L/C Issuer, Bank of America, National Association acting through its
Canada branch, as Canadian Administrative Agent, Canadian Collateral Agent and
Canadian L/C Issuer and The Bank of Nova Scotia, as Canadian Swing Line Lender
entered into that certain Credit Agreement dated as of October 3, 2006 (as
amended from time to time, the “Credit Agreement”); and


 


WHEREAS,
GGC has requested that the Lenders amend the Credit Agreement as set forth
below;


 


NOW,
THEREFORE, in consideration of the premises and the mutual covenants contained
herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:


 


Section 1.               Amendments.


 


(a)           The first sentence
of Section 6.07 of the Credit Agreement is hereby amended by inserting “; provided
that the failure, if any, of GGC or any Subsidiary to make the interest
payments due on April 15, 2009 under the 2006 Senior Notes and the 2006
Senior Subordinated Notes shall not render inaccurate the foregoing
representation unless any portion of such amounts remains unpaid as of 5:00 p.m.
on May 11, 2009” at the end thereof.


 


(b)           Section 7.04 of
the Credit Agreement is hereby amended by inserting “; provided that the
failure, if any, of any Loan Party to make the interest payments due on April 15,
2009 under the 2006 Senior Notes and the 2006 Senior Subordinated Notes shall
not constitute a breach of this covenant unless any portion of such amounts
remains unpaid as of 5:00 p.m. on May 11, 2009” at the end thereof.


 


(c)           Section 9.01(f)(i)(A) of
the Credit Agreement is hereby amended by inserting “(or, in the case of the
interest payments due on April 15, 2009 under the 2006 Senior Notes and
the 2006 Senior Subordinated Notes, prior to 5:00 p.m. on May 11,
2009)” immediately following the word “due” in the first line thereof.  For avoidance of doubt, it is understood and
agreed that the failure to have made any such payment prior to 5:00 p.m.
on May 11, 2009 does not constitute a Default.


 


Section 2.               Conditions Precedent.  This Amendment shall be effective upon
satisfaction of the following conditions precedent (the date on which such
conditions have been satisfied, the “Amendment Effective Date”):


 

















 


(a)           Receipt by the
Domestic Administrative Agent of counterparts of this Amendment duly executed
by the Borrowers, the Guarantors set forth on the signature pages hereto,
the Required Lenders, the Required Domestic Revolving Lenders, the Required
Canadian Revolving Lenders and Bank of America, N.A., as Administrative Agent;


 


(b)           Receipt by the
Domestic Administrative Agent (i) for the account of (x) each
Lender that has the right under the Credit Agreement to approve this
Amendment and that has executed this Amendment on or prior to 9:00 p.m.,
New York City time, on April 14, 2009 and (y) each other Lender that
has the right under the Credit Agreement to approve this Amendment and that has
not been given the opportunity to access this Amendment and consent thereto
(each of the Lenders described in the foregoing clauses (x) and (y) a
“Consenting Lender”), a fee equal to 0.125% of the aggregate amount of
each such Consenting Lender’s (A) Canadian Revolving Commitment, (B) Canadian
Swing Line Commitment, (C) Domestic Revolving Commitment and (D) portion
of the Term Loan outstanding and (ii) any fees and expenses of the
Administrative Agents (including reasonable attorneys’ fees of the
Administrative Agents) in connection with the Loan Documents;


 


(c)           Receipt by BAS of
all fees, expenses and other amounts that have become due and payable to BAS,
in its capacity as arranger of the Amendment, on or prior to the Amendment
Effective Date pursuant to that certain letter agreement dated as of April 10,
2009 between GGC and BAS; and


 


(d)           Receipt by any
Administrative Agent of such other documents, instruments, agreements and
information as reasonably requested by such Administrative Agent.


 


Section 3.               Release.


 


(a)           Each Loan Party and
its respective successors, assigns and legal representatives (collectively, the
“Releasors”), releases, acquits and forever discharges each
Administrative Agent and each Lender (collectively, the “Lender Parties”),
and their respective subsidiaries, parents, affiliates, officers, directors,
employees, agents, attorneys, advisors, successors and assigns, both present
and former (collectively, the “Lender Party Affiliates”), from any and
all manner of losses, costs, defenses, damages, liabilities, deficiencies,
actions, causes of action, suits, debts, controversies, damages, judgments,
executions, claims, demands and out-of-pocket expenses whatsoever, asserted or
unasserted, known or unknown, foreseen or unforeseen, in contract, tort, law or
equity (generically, “Claims”), that any Releasor has or may have
against any of the Lender Parties and/or the Lender Party Affiliates by reason
of any action, failure to act, event, statement, accusation, assertion, matter
or thing whatsoever arising from or based on facts occurring prior to the
Amendment Effective Date that arises out of or is connected to the Loan
Documents, the Loans and the Letters of Credit, including but not limited to
any Claims or defense that relates to, in whole or in part, directly or
indirectly:  (i) the Credit
Agreement or any other Loan Document or the transactions contemplated thereby; (ii) the
making of any Loans or issuance of Letters of Credit under the Loan Documents; (iii) any
actual or proposed use by the Loan Parties of the proceeds of the Loans or
Letters of Credit; (iv) any actions or omissions of any Lender Party or
Lender Party Affiliate in connection with the initiation or continuing exercise
of any right or remedy contained in the Loan Documents at law or in equity; (v) the
making or administration of the Loans, including without limitation, any such
claims and defenses based on fraud, mistake, duress, usury or
misrepresentation, or any other claim based on so-called “lender liability
theories”; (vi) any covenants, agreements, duties or obligations set forth
in the Loan Documents; (vii) lost profits, (viii) loss of business
opportunity, (ix) increased financing costs, (x) increased legal or
other administrative fees or (xi) damages to business reputation.


 


2

















 


(b)           Each Loan Party, on
behalf of itself and its successors, assigns, and other legal representatives,
hereby unconditionally and irrevocably agrees that it will not sue any Lender
Party or Lender Party Affiliate on the basis of any Claim released, remised and
discharged by such Loan Party pursuant to this Section 3.  If any Loan Party or any of their respective
successors, assigns or other legal representatives violates the foregoing
covenant, each Loan Party, for itself and its successors, assigns and legal
representatives, agrees to pay, in addition to such other damages as any Lender
Party or Lender Party Affiliate may sustain as a result of such violation, all
reasonable and documented attorneys’ fees and costs incurred by any Lender
Party or Lender Party Affiliate as a result of such violation.


 


Section 4.               Miscellaneous.


 


(a)           The Credit
Agreement, and the obligations of the Loan Parties thereunder and under the
other Loan Documents, are hereby ratified and confirmed and shall remain in
full force and effect according to their terms.


 


(b)           Each Guarantor (a) acknowledges
and consents to all of the terms and conditions of this Amendment, (b) affirms
all of its obligations under the Loan Documents and (c) agrees that this
Amendment and all documents executed in connection herewith do not operate to
reduce or discharge its obligations under the Credit Agreement or the Loan
Documents.


 


(c)           The Borrowers and the
Guarantors hereby represent and warrant as follows:


 


(i)            Each Loan Party has
taken all necessary action to authorize the execution, delivery and performance
of this Amendment.


 


(ii)           This Amendment has
been duly executed and delivered by the Loan Parties and constitutes each of
the Loan Parties’ legal, valid and binding obligations, enforceable in
accordance with its terms, except as such enforceability may be limited by
Debtor Relief Laws and general principles of equity (regardless of whether such
enforceability is considered in a proceeding in equity or at law).


 


(iii)          No consent,
approval, authorization or order of, or filing, registration or qualification
with, any court or governmental authority or third party is required in
connection with the execution, delivery or performance by any Loan Party of
this Amendment.


 


(d)           The Loan Parties
represent and warrant to the Lenders that after giving effect to this Amendment
(i) the representations and warranties of the Loan Parties set forth in Article VI
of the Credit Agreement and in each other Loan Document are true and correct in
all material respects as of the date hereof and will be true and correct in all
material respects as of the Amendment Effective Date with the same effect as if
made on and as of such dates, except to the extent such representations and
warranties expressly relate solely to an earlier date and (ii) no event
has occurred and is continuing which constitutes a Default or an Event of
Default.


 


(e)           Each Loan Party
hereby ratifies and confirms the security interest in and to all Collateral
granted to the Collateral Agent pursuant to the Collateral Documents and the
perfected, first priority status of such security interest as set forth therein
(subject only to liens which are permitted by the terms of the Loan Documents
to be prior to the Lien of the Collateral Agent).


 


3

















 


(f)            In the event that
the Amendment Effective Date occurs during the period beginning on April 15,
2009 through and including May 11, 2009, the Lenders hereby waive, solely
during the period beginning on April 15, 2009 through and including the
Amendment Effective Date, any Event of Default under Section 9.01(f) of
the Credit Agreement arising from the Company’s failure to pay the interest
payments due on April 15, 2009 on the 2006 Senior Notes and the 2006
Senior Subordinated Notes.  The waiver
granted pursuant to this Section 4(f) shall be limited precisely as
written, and shall not extend to any Default or Event of Default under any
other provision of the Credit Agreement.


 


(g)           This Amendment may
be executed in any number of counterparts, each of which when so executed and
delivered shall be an original, but all of which shall constitute one and the
same instrument.  Delivery of an executed
counterpart of this Amendment by telecopy shall be effective as an original and
shall constitute a representation that an executed original shall be delivered.


 


(h)           THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE
PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.


 


[remainder
of page intentionally left blank]


 


4

















 


Each
of the parties hereto has caused a counterpart of this Amendment to be duly
executed and delivered as of the date first above written.


 


	
  BORROWERS:

  	
  GEORGIA GULF CORPORATION,

  
	
   

  	
  a Delaware corporation, as a Borrower and, with respect to the
  Canadian Obligations, as a Guarantor

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
  Name: Gregory Thompson

  
	
   

  	
  Title: Chief Financial Officer

  
	
   

  	
   

  
	
   

  	
  ROYAL GROUP, INC. (formerly known as ROYAL GROUP
  TECHNOLOGIES LIMITED), a Canadian federal corporation, as a
  Borrower

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
  Name: Gregory Thompson

  
	
   

  	
  Title: Chief Financial Officer

  



 

















 


	
  DOMESTIC GUARANTORS:

  	
  GEORGIA GULF CHEMICALS & VINYLS, LLC, a Delaware
  limited liability company

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:  Gregory Thompson

  
	
   

  	
   

  	
  Title:  Vice President

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  GEORGIA GULF LAKE CHARLES, LLC, a Delaware
  limited liability company

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:  Gregory Thompson

  
	
   

  	
   

  	
  Title:  Vice President

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  GREAT RIVER OIL & GAS CORPORATION, a Delaware
  corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:  Gregory Thompson

  
	
   

  	
   

  	
  Title:  Vice President

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  ROME DELAWARE CORP., a Delaware corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:  Gregory Thompson

  
	
   

  	
   

  	
  Title:  Vice President

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  ROYAL PLASTICS GROUP (U.S.A.) LIMITED, a Delaware
  corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:  Gregory Thompson

  
	
   

  	
   

  	
  Title:  Vice President

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  PLASTIC TRENDS, INC., a Michigan corporation

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:  Gregory Thompson

  
	
   

  	
   

  	
  Title:  Vice President

  



 

















 


	
   

  	
  ROYAL OUTDOOR PRODUCTS, INC., an Indiana
  corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:  Gregory Thompson

  
	
   

  	
   

  	
  Title:  Vice President

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  ROYAL WINDOW AND DOOR PROFILES PLANT 12 INC., a Nevada
  corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:  Gregory Thompson

  
	
   

  	
   

  	
  Title:  Vice President

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  ROYAL WINDOW AND DOOR PROFILES PLANT 13 INC., a
  Pennsylvania corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:  Gregory Thompson

  
	
   

  	
   

  	
  Title:  Vice President

  
	
   

  	
   

  
	
   

  	
  ROYAL WINDOW AND DOOR PROFILES PLANT 14 INC., a
  Washington corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:  Gregory Thompson

  
	
   

  	
   

  	
  Title:  Vice President

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  ROYAL WINDOW COVERINGS (USA) L.P., a Texas
  limited partnership

  
	
   

  	
   

  
	
   

  	
  By:  NOVO MANAGEMENT, INC.,

  
	
   

  	
  a Nevada corporation, its Managing Partner

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:  Gregory Thompson

  
	
   

  	
   

  	
  Title:  Vice President

  



 

















 


	
   

  	
  ROYAL MOULDINGS LIMITED, a Nevada
  corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:  Gregory Thompson

  
	
   

  	
   

  	
  Title:  Vice President

  
	
   

  	
   

  
	
   

  	
  ROYAL GROUP SALES (USA) LIMITED., a Nevada
  Corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Gregory Thompson

  
	
   

  	
   

  	
  Name:

  
	
   

  	
   

  	
  Title:

  



 














 


	
  CANADIAN GUARANTORS:

  	
  ROME ACQUISITION HOLDING CORP., a

  Nova Scotia unlimited liability company

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  Gregory Thompson

  
	
   

  	
   

  	
  Name:
  Gregory Thompson

  
	
   

  	
   

  	
  Title:
  Vice President

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  6632149 CANADA INC.,

  
	
   

  	
  a
  Canadian federal corporation

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  Gregory Thompson

  
	
   

  	
   

  	
  Name:
  Gregory Thompson

  
	
   

  	
   

  	
  Title:
  Vice President

  



 

















 


	
  DOMESTIC

  	
  BANK OF AMERICA, N.A.

  
	
  ADMINISTRATIVE AGENT:

  	
  as
  Domestic Administrative Agent and

  
	
   

  	
  Domestic
  Collateral Agent

  
	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  Kevin M. Behan

  
	
   

  	
  Name:

  	
  Kevin
  M. Behan

  
	
   

  	
  Title:

  	
   SVP

  
	
   

  	
   

  
	
   

  	
   

  
	
  CANADIAN

  	
  BANK OF AMERICA, N.A.

  
	
  ADMINISTRATIVE AGENT:

  	
  acting
  through its Canada branch, as Canadian

  
	
   

  	
  Administrative
  Agent and Canadian Collateral

  Agent

  
	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  Medina Sales de Andrade

  
	
   

  	
  Name:

  	
  Medina
  Sales de Andrade

  
	
   

  	
  Title:

  	
  Vice
  President

  



 

















 


	
  LENDERS

  	
   

  	
   

  
	
  AND L/C ISSUERS:

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  ABN AMRO BANK, N.V.

  	
   

  	
  AIG ANNUNITY INSURANCE COMPANY

  
	
  as
  a Canadian Revolving Lender

  	
   

  	
  By:
  AIG Global Investment Corp.

  
	
   

  	
   

  	
   

  
	
  By:
  

  	
  /s/
  David W. Stack

  	
   

  	
  By:

  	
  /s/
  W. Jeffrey Baxter

  
	
  Name:

  	
  David
  W. Stack

  	
   

  	
  Name:

  	
  W.
  Jeffrey Baxter

  
	
  Title:

  	
  Senior
  Vice President

  	
   

  	
  Title:

  	
  Managing
  Director

  
	
   

  	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Parker H. Douglas

  	
   

  	
   

  
	
  Name:

  	
  Parker
  H. Douglas

  	
   

  	
   

  
	
  Title:

  	
  Senior
  Vice President

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  AIG-BANK LOAN FUND LTD.

  	
   

  	
  SUNAMERICA SENIOR FLOATING RATE 

  
	
  By:
  AIG Global Investment Corp., Its

  	
   

  	
  FUND, INC.

  
	
  Investment
  Manager

  	
   

  	
  By:
  AIG-Global Investment Corp., Investment

  
	
   

  	
   

  	
  Sub-Adviser

  
	
  By:
  

  	
  /s/
  W. Jeffrey Baxter

  	
   

  	
   

  
	
  Name:

  	
  W.
  Jeffrey Baxter

  	
   

  	
   

  
	
  Title:

  	
  Managing
  Director

  	
   

  	
  By:

  	
  /s/
  W. Jeffrey Baxter

  
	
   

  	
   

  	
  Name:

  	
  W.
  Jeffrey Baxter

  
	
   

  	
   

  	
  Title:

  	
  Managing
  Director

  
	
   

  	
   

  	
   

  
	
  AMMC CLO III, LIMITED

  	
   

  	
  AMMC CLO IV, LIMITED

  
	
  By:
  American Money Management Corp., as

  	
   

  	
  By:
  American Money Management Corp., as

  
	
  Collateral
  Manager  as a Lender

  	
   

  	
  Collateral
  Manager  as a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  David P. Meyer

  	
   

  	
  By:

  	
  /s/
  David P. Meyer

  
	
  Name:

  	
  David
  P. Meyer

  	
   

  	
  Name:

  	
  David
  P. Meyer

  
	
  Title:

  	
  Senior
  Vice President

  	
   

  	
  Title:

  	
  Senior
  Vice President

  
	
   

  	
   

  	
   

  
	
  AMMC CLO VI, LIMITED

  	
   

  	
  AMMC VII, LIMITED

  
	
  By:
  American Money Management Corp., as 

  	
   

  	
  By:
  American Money Management Corp., as 

  
	
  Collateral
  Manager  as a Lender

  	
   

  	
  Collateral
  Manager  as a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  David P. Meyer

  	
   

  	
  By:

  	
  /s/
  David P. Meyer

  
	
  Name:

  	
  David
  P. Meyer

  	
   

  	
  Name:

  	
  David
  P. Meyer

  
	
  Title:

  	
  Senior
  Vice President

  	
   

  	
  Title:

  	
  Senior
  Vice President

  



 

















 


	
  AMMC VIII, LIMITED

  	
   

  	
  APOSTLE LOOMIS SAYLES SENIOR 

  	 

	
  By:
  American Money Management Corp., as 

  	
   

  	
  LOAN FUND, as a Lender

  	 

	
  Collateral
  Manager  as a Lender

  	
   

  	
   

  	 

	
   

  	
   

  	
   

  	
  By:

  	
  Please
  See Following Page:

  	 

	
  By:

  	
  /s/
  David P. Meyer

  	
   

  	
  Name:

  	 

	
  Name:

  	
  David
  P. Meyer

  	
   

  	
  Title:

  	 

	
  Title:

  	
  Senior
  Vice President

  	
   

  	
   

  	 

	
   

  	
   

  	
  APOSTLE LOOMIS SAYLES SENIOR 

  	 

	
   

  	
   

  	
  LOAN FUND, as Lender

  	 

	
   

  	
   

  	
  By:
  Loomis, Sayles & Company, L.P.

  	 

	
   

  	
   

  	
  Its Investment Manager

  	 

	
   

  	
   

  	
  By:
  Loomis, Sayles & Company, Incorporated

  	 

	
   

  	
   

  	
  Its General Partner

  	 

	
   

  	
   

  	
   

  	
   

  	 

	
   

  	
   

  	
  By:
  

  	
  /s/
  John R. Bell

  	 

	
   

  	
   

  	
  Name:

  	
  John
  R. Bell

  	 

	
   

  	
   

  	
  Title:

  	
  Vice
  President

  	 

	
   

  	
   

  	
   

  	 

	
  THE ASSETS MANAGEMENT 

  	
   

  	
  BABSON CLO LTD. 2004-I

  	 

	
  COMMITTEE OF THE COCA-COLA 

  	
   

  	
  BABSON CLO LTD. 2005-I

  	 

	
  COMPANY MASTER RETIREMENT 

  	
   

  	
  BABSON CLO LTD. 2005-II

  	 

	
  TRUST, BY: PYRAMIS GLOBAL 

  	
   

  	
  BABSON CLO LTD. 2005-III

  	 

	
  ADVISORS TRUST COMPANY, AS 

  	
   

  	
  BABSON CLO LTD. 2006-II

  	 

	
  INVESTMENT MANAGER UNDER 

  	
   

  	
  BABSON CLO LTD. 2007-I

  	 

	
  POWER OF ATTORNEY as a Lender

  	
   

  	
  SAPPHIRE VALLEY CDO I, LTD.

  	 

	
   

  	
   

  	
   

  	
  SUFFIELD CLO, LIMITED as Lenders

  	 

	
  By:

  	
  /s/
  David Censorio

  	
   

  	
  By:
  Babson Capital Management LLC as 

  	 

	
  Name:

  	
  David
  Censorio

  	
   

  	
  Collateral
  Manager

  	 

	
  Title:

  	
  VP

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By:
  

  	
  /s/
  Geoffrey Takacs

  
	
   

  	
   

  	
  Name:

  	
  Geoffrey
  Takacs

  	 

	
   

  	
   

  	
  Title:

  	
  Director

  	 

	
   

  	
   

  	
   

  	 

	
   

  	
   

  	
  MAPLEWOOD (CAYMAN) LIMITED

  	 

	
   

  	
   

  	
  as
  a Lender

  	 

	
   

  	
   

  	
  By:
  Babson Capital Management LLC as 

  	 

	
   

  	
   

  	
  Investment
  Manager

  	 

	
   

  	
   

  	
   

  	
   

  	 

	
   

  	
   

  	
  By:

  	
  /s/
  Geoffrey Takacs

  	 

	
   

  	
   

  	
  Name:

  	
  Geoffrey
  Takacs

  	 

	
   

  	
   

  	
  Title:

  	
  Director

  	 




 

















 


	
  BALTIC FUNDING LLC as a Lender

  	
   

  	
  JFIN CLO 2007 LTD. as a Lender

  
	
   

  	
   

  	
   

  	
  By:
  Jefferies Finance LLC as Collateral 

  
	
  By:

  	
  /s/
  Tara E. Kenny

  	
   

  	
  Manager

  
	
  Name:

  	
  Tara
  E. Kenny

  	
   

  	
   

  	
   

  
	
  Title:

  	
  Assistant
  Vice President

  	
   

  	
  By:

  	
  /s/
  Andrew Lennon

  
	
   

  	
   

  	
  Name:

  	
  Andrew
  Lennon

  
	
   

  	
   

  	
  Title:

  	
  Director

  
	
   

  	
   

  	
   

  
	
  BANK OF AMERICA, N.A.

  	
   

  	
  BANK OF AMERICA, N.A.

  
	
  as
  Lender

  	
   

  	
  acting
  through its Canada branch, as a Lender 

  
	
   

  	
   

  	
   

  	
  and
  a Canadian L/C Issuer

  
	
  By:
  

  	
  /s/
  Kevin M. Behan

  	
   

  	
   

  	
   

  
	
  Name:
  

  	
  Kevin
  M. Behan

  	
   

  	
  By:

  	
  /s/
  Medina Sales de Andrade

  
	
  Title:   

  	
  SVP

  	
   

  	
  Name:

  	
  Medina
  Sales de Andrade

  
	
   

  	
   

  	
  Title:

  	
  Vice
  President

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  THE BANK OF NOVA SCOTIA as a Lender 

  	
   

  	
  BANK OF TOKYO-MITSUBISHI UFJ

  
	
  and
  a Canadian L/C Issuer

  	
   

  	
  TRUST COMPANY as a Lender

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  By:

  	
  /s/ Kathryn Kiplinger

  	
   

  	
  By:

  	
  /s/
  David Noda

  
	
  Name:

  	
  Kathryn Kiplinger

  	
   

  	
  Name:

  	
  David
  Noda

  
	
  Title:

  	
  Co-Head,
  Corporate Banking LLS

  	
   

  	
  Title:

  	
  VP &
  Manager

  
	
   

  	
   

  	
   

  
	
  BARCLAYS BANK PLC as a Lender

  	
   

  	
  BLACK DIAMOND CLO 2005-2 Ltd.

  
	
   

  	
   

  	
   

  	
  By:
  Black Diamond CLO 2005-2 Adviser, 

  
	
  By:

  	
  /s/
  Maria Lund

  	
   

  	
  L.L.C.,
  as its Collateral Manager

  
	
  Name:

  	
  Maria
  Lund

  	
   

  	
   

  
	
  Title:

  	
  Vice
  President

  	
   

  	
  as
  a Lender

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/
  Stephen H. Deckoff

  
	
   

  	
   

  	
  Name:

  	
  Stephen
  H. Deckoff

  
	
   

  	
   

  	
  Title:

  	
  Managing
  Principal

  
	
   

  	
   

  	
   

  
	
  BROWNSTONE PARTNERS

  	
   

  	
  CANNINGTON FUNDING LTD.

  
	
  CATALYST MASTER FUND, LTD. as a 

  	
   

  	
  Silvermine
  Capital Management LLC

  
	
  Lender

  	
   

  	
  as
  Investment Manager

  
	
  By:
  Brownstone Asset Management, LP

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By:

  	
  /s/
  Aaron A. Meyer

  
	
  By:

  	
  /s/
  David Zornitsky

  	
   

  	
  Name:

  	
  Aaron
  A. Meyer

  
	
  Name:

  	
  David
  Zornitsky

  	
   

  	
  Title:

  	
  Principal

  
	
  Title:

  	
  CFO

  	
   

  	
   

  	
  Silvermine Capital Management, LLC

  
	
   

  	
   

  	
   

  
	
  CARLYLE HIGH YIELD PARTNERS 

  	
   

  	
  CARLYLE HIGH YIELD PARTNERS IV, 

  
	
  2008-1, LTD. as a Lender

  	
   

  	
  LTD. as a Lender

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Linda Pace

  	
   

  	
  By:

  	
  /s/
  Linda Pace

  
	
  Name:

  	
  Linda
  Pace

  	
   

  	
  Name:

  	
  Linda
  Pace

  
	
  Title:

  	
  Managing
  Director

  	
   

  	
  Title:

  	
  Managing
  Director

  



 

















 


	
  CARLYLE HIGH YIELD PARTNERS IX,

  	
   

  	
  CARLYLE LOAN INVESTMENT LTD., as a 

  
	
  LTD. as a Lender

  	
   

  	
  Lender

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Linda Pace

  	
   

  	
  By:

  	
  /s/
  Linda Pace

  
	
  Name:

  	
  Linda
  Pace

  	
   

  	
  Name:

  	
  Linda
  Pace

  
	
  Title:

  	
  Managing
  Director

  	
   

  	
  Title:

  	
  Managing
  Director

  
	
   

  	
   

  	
   

  
	
  CITIBANK N.A. as a Lender

  	
   

  	
  COA CLO FINANCING LTD

  
	
   

  	
   

  	
   

  	
  By:
  FS COA Management LLC, as 

  
	
  By:

  	
  /s/
  Brian Blessing

  	
   

  	
  PORTFOLIO
  MANAGER  as a Lender

  
	
  Name:

  	
  Brian
  Blessing

  	
   

  	
   

  	
   

  
	
  Title:

  	
  Attorney-In-Fact

  	
   

  	
  By:

  	
  /s/
  John W. Fraser

  
	
   

  	
   

  	
  Name:

  	
  John
  W. Fraser

  
	
   

  	
   

  	
  Title:

  	
  Manager

  
	
   

  	
   

  	
   

  
	
  COMMONWEALTH OF

  	
   

  	
  COMSTOCK FUNDING LTD

  
	
  MASSACHUSETTS PENSION RESERVES

  	
   

  	
  Silvermine
  Capital Management LLC

  
	
  INVESTMENT MANAGEMENT BOARD,

  	
   

  	
  As
  Collateral Manager

  
	
  BY: PYRAMIS GLOBAL ADVISORS

  	
   

  	
   

  	
   

  
	
  TRUST COMPANY, AS INVESTMENT

  	
   

  	
  By:

  	
  /s/
  Aaron A. Meyer

  
	
  MANAGER UNDER POWER OF

  	
   

  	
  Name:

  	
  Aaron
  A. Meyer

  
	
  ATTORNEY as a Lender

  	
   

  	
  Title:

  	
  Principal

  
	
   

  	
   

  	
   

  	
  Silvermine Capital Management, LLC

  
	
  By:

  	
  /s/
  Dave Censorio

  	
   

  	
   

  
	
  Name:

  	
  Dave
  Censorio

  	
   

  	
   

  
	
  Title:

  	
  VP

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  CREDIT SUISSE ALTERNATIVE 

  	
   

  	
  DENARIUS FUNDING, as a Lender

  
	
  CAPITAL, as collateral manager for the 

  	
   

  	
  By:
  The Royal Bank of Scotland, Plc., As

  
	
  following CDOs:

  	
   

  	
  Attorney-in-fact

  
	
   

  	
   

  	
  By:
  RBS Securities, Inc., Its agent

  
	
  Atrium CDO

  	
   

  	
   

  	
   

  
	
  Atrium II

  	
   

  	
  By:

  	
  /s/
  Kevin Q. Stuebe

  
	
  CSAM Funding II

  	
   

  	
  Name:

  	
  Kevin
  Q. Stuebe

  
	
  KC CLO I Limited

  	
   

  	
  Title:

  	
  V.P.

  
	
  as
  a Lender

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  By:

  	
  /s/ Linda Kam

  	
   

  	
   

  
	
  Name:

  	
  Linda Kam

  	
   

  	
   

  
	
  Title:

  	
  Director

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  DENARIUS FUNDING II, as a Lender

  	
   

  	
  EATON VANCE CDO VII PLC

  
	
  By:
  The Royal Bank of Scotland, Plc., As

  	
   

  	
  By:
  Eaton Vance Management

  
	
  Attorney-in-fact

  	
   

  	
  as
  Interim Investment Advisor as a Lender

  
	
  By:
  RBS Securities, Inc., Its agent

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By:

  	
  /s/
  Craig P. Russ

  
	
  By:

  	
  /s/
  Kevin Q. Stuebe

  	
   

  	
  Name:

  	
   

  
	
  Name:

  	
  Kevin
  Q. Stuebe

  	
   

  	
  Title:

  	
  Vice
  President

  
	
  Title:

  	
  V.P.

  	
   

  	
   

  



 

















 


	
  EATON VANCE CDO VIII, LTD.

  	
   

  	
  EATON VANCE CDO IX LTD.

  
	
  By:
  Eaton Vance Management

  	
   

  	
  By:
  Eaton Vance Management

  
	
  as
  Investment Advisor as a Lender

  	
   

  	
  as
  Investment Advisor as a Lender

  
	
   

  	
   

  	
   

  
	
  By:  

  	
  /s/
  Craig P. Russ

  	
   

  	
  By:  

  	
  /s/
  Craig P. Russ

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
  Title:

  	
  Vice
  President

  	
   

  	
  Title:

  	
  Vice
  President

  
	
   

  	
   

  	
   

  
	
  EATON VANCE CDO X PLC

  	
   

  	
  EATON VANCE FLOATING-RATE

  
	
  By:
  Eaton Vance Management

  	
   

  	
  INCOME TRUST

  
	
  as
  Investment Advisor as a Lender

  	
   

  	
  By:
  Eaton Vance Management

  
	
   

  	
   

  	
  as
  Investment Advisor as a Lender

  
	
  By:  

  	
  /s/
  Craig P. Russ

  	
   

  	
   

  	
   

  
	
  Name:

  	
   

  	
   

  	
  By:  

  	
  /s/
  Craig P. Russ

  
	
  Title:

  	
  Vice
  President

  	
   

  	
  Name:

  	
   

  
	
   

  	
   

  	
   

  	
  Title:

  	
  Vice
  President

  
	
   

  	
   

  	
   

  
	
  EATON INSTITUTIONAL SENIOR LOAN

  FUND

  	
   

  	
  EATON VANCE LOAN OPPORTUNITIES

  FUND, LTD.

  
	
  By:
  Eaton Vance Management

  	
   

  	
  By:
  Eaton Vance Management

  
	
  as
  Investment Advisor as a Lender

  	
   

  	
  as
  Investment Advisor as a Lender

  
	
   

  	
   

  	
   

  
	
  By:  

  	
  /s/
  Craig P. Russ

  	
   

  	
  By:  

  	
  /s/
  Craig P. Russ

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
  Title:

  	
  Vice
  President

  	
   

  	
  Title:

  	
  Vice
  President

  
	
   

  	
   

  	
   

  
	
  EATON VANCE LIMITED DURATION

  INCOME FUND

  	
   

  	
  EATON VANCE SENIOR FLOATING-

  RATE TRUST

  
	
  By:
  Eaton Vance Management

  	
   

  	
  By:
  Eaton Vance Management

  
	
  as
  Investment Advisor as a Lender

  	
   

  	
  as
  Investment Advisor as a Lender

  
	
   

  	
   

  	
   

  
	
  By:  

  	
  /s/
  Craig P. Russ

  	
   

  	
  By:  

  	
  /s/
  Craig P. Russ

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
  Title:

  	
  Vice
  President

  	
   

  	
  Title:

  	
  Vice
  President

  
	
   

  	
   

  	
   

  
	
  EATON VANCE SENIOR INCOME

  TRUST

  	
   

  	
  EATON VANCE SHORT DURATION

  DIVERSIFIED INCOME FUND

  
	
  By:
  Eaton Vance Management

  	
   

  	
  By:
  Eaton Vance Management

  
	
  as Investment Advisor as a Lender

  	
   

  	
  as Investment Advisor as a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Craig P. Russ

  	
   

  	
  By:  

  	
  /s/
  Craig P. Russ

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
  Title:

  	
  Vice
  President

  	
   

  	
  Title:

  	
  Vice
  President

  



 

















 


	
  EATON VANCE VT FLOATING-RATE

  	
   

  	
  FAIRWAY LOAN FUNDING COMPANY

  
	
  INCOME FUND

  	
   

  	
  By:
  Pacific Investment Management Company

  
	
  By:
  Eaton Vance Management

  	
   

  	
  LLC,
  as its Investment Advisor

  
	
  as
  Investment Advisor as a Lender

  	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/
  Arthur Y.D. Ong

  
	
  By:

  	
  /s/
  Craig P. Russ

  	
   

  	
   

  	
  Arthur
  Y.D. Ong

  
	
  Name:

  	
   

  	
   

  	
   

  	
  Executive
  Vice President

  
	
  Title:

  	
  Vice
  President

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  FIDELITY ADVISOR SERIES I:

  FIDELITY ADVISOR FLOATING RATE

  HIGH INCOME FUND as a Lender

  	
   

  	
  FIDELITY ADVISOR SERIES I: FIDELITY

  ADVISOR HIGH INCOME ADVANTAGE

  FUND as a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Gary Ryan

  	
   

  	
  By:

  	
  /s/
  Gary Ryan

  
	
  Name:

  	
  Gary
  Ryan

  	
   

  	
  Name:

  	
  Gary
  Ryan

  
	
  Title:

  	
  Assistant
  Treasurer

  	
   

  	
  Title:

  	
  Assistant
  Treasurer

  
	
   

  	
   

  	
   

  
	
  FIDELITY ADVISOR SERIES I:

  FIDELITY ADVISOR LEVERAGED

  COMPANY STOCK FUND as a Lender

  	
   

  	
  FIDELITY CENTRAL INVESTMENT

  PORTFOLIOS LLC: FIDELITY HIGH

  INCOME CENTRAL FUND 2 as a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Gary Ryan

  	
   

  	
  By:

  	
  /s/
  Gary Ryan

  
	
  Name:

  	
  Gary
  Ryan

  	
   

  	
  Name:

  	
  Gary
  Ryan

  
	
  Title:

  	
  Assistant
  Treasurer

  	
   

  	
  Title:

  	
  Assistant
  Treasurer

  
	
   

  	
   

  	
   

  
	
  FIDELITY FINANCIAL TRUST:

  FIDELITY CONVERTIBLE SECURITIES

  FUND as a Lender

  	
   

  	
  FIDELITY SECURITIES FUND: FIDELITY

  LEVERAGED COMPANY STOCK FUND as

  a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Gary Ryan

  	
   

  	
  By:

  	
  /s/
  Gary Ryan

  
	
  Name:

  	
  Gary
  Ryan

  	
   

  	
  Name:

  	
  Gary
  Ryan

  
	
  Title:

  	
  Assistant
  Treasurer

  	
   

  	
  Title:

  	
  Assistant
  Treasurer

  
	
   

  	
   

  	
   

  
	
  FIDELITY SUMMER STREET TRUST:

  	
   

  	
  THE FOOTHILL GROUP, LLC as a Lender

  
	
  FIDELITY HIGH INCOME FUND as a

  	
   

  	
   

  
	
  Lender

  	
   

  	
  By:

  	
  /s/
  Dennis Ascher

  
	
   

  	
   

  	
  Name:

  	
  Dennis
  Ascher

  
	
  By:

  	
  /s/
  Gary Ryan

  	
   

  	
  Title:

  	
  Senior
  Vice President

  
	
  Name:

  	
  Gary
  Ryan

  	
   

  	
   

  
	
  Title:

  	
  Assistant
  Treasurer

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  FORTRESS CREDIT INVESTMENTS I

  LTD. as a Lender

  	
   

  	
  FORTRESS CREDIT INVESTMENTS II

  LTD. as a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Constantine M. Dakolias

  	
   

  	
  By:

  	
  /s/
  Constantine M. Dakolias

  
	
  Name:

  	
  Constantine
  M. Dakolias

  	
   

  	
  Name:

  	
  Constantine
  M. Dakolias

  
	
  Title:

  	
  Director

  	
   

  	
  Title:

  	
  Director

  



 














 


	
  GALLATIN CLO II 2005-1 LTD.

  	
   

  	
  GALLATIN CLO III 2007-1 LTD. AS 

  
	
  By: UrsaMine Credit Advisors LLC as its

  	
   

  	
  ASSIGNEE

  
	
  Collateral Manager as a Lender

  	
   

  	
  By: UrsaMmine Credit Advisors LLC as its

  Collateral Manager as a Lender

  
	
  By:

  	
  /s/
  Niall Rosenzweig

  	
   

  	
   

  
	
  Name:

  	
  Niall
  Rosenzweig

  	
   

  	
  By:

  	
  /s/
  Niall Rosenzweig

  
	
  Title:

  	
  Principal

  	
   

  	
  Name:

  	
  Niall
  Rosenzweig

  
	
   

  	
   

  	
  Title:

  	
  Principal

  
	
   

  	
   

  	
   

  
	
  GALLATIN FUNDING I LTD.

  	
   

  	
  GALAXY X CLO, LTD.

  
	
  By: UrsaMine Credit Advisors LLC as its

  Collateral Manager as a Lender

  	
   

  	
  By: AIG Global Investment Corp. as

  Collateral Manager

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Niall Rosenzweig

  	
   

  	
  By:

  	
  /s/
  W. Jeffrey Baxter

  
	
  Name:

  	
  Niall
  Rosenzweig

  	
   

  	
  Name:

  	
  W.
  Jeffrey Baxter

  
	
  Title:

  	
  Principal

  	
   

  	
  Title:

  	
  Managing
  Director

  
	
   

  	
   

  	
   

  
	
  GENERAL ELECTRIC CAPITAL

  CORPORATION as a Lender

  	
   

  	
  GOLDMAN SACHS LENDING PARTNERS

  LLC

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  James R. Persico

  	
   

  	
  By:

  	
  /s/
  Andrew Caditz

  
	
  Name:

  	
  James
  R. Persico

  	
   

  	
  Name:

  	
  Andrew
  Caditz

  
	
  Title:

  	
  Duly
  Authorized Signatory

  	
   

  	
  Title:

  	
  Vice
  President

  
	
   

  	
   

  	
   

  
	
  GRAND CENTRAL ASSET TRUST, BDC

  	
   

  	
  GRAYSON & CO.

  
	
  SERIES as a Lender

  	
   

  	
  By: 

  	
  BOSTON MANAGEMENT AND

  
	
   

  	
   

  	
   

  	
   

  	
  RESEARCH AS INVESTMENT

  
	
  By:

  	
  /s/
  Roy Hykal

  	
   

  	
   

  	
  ADVISOR as a Lender

  
	
  Name:

  	
  Roy
  Hykal

  	
   

  	
   

  	
   

  
	
  Title:

  	
  Attorney-in-Fact

  	
   

  	
  By:

  	
  /s/
  Craig P. Russ

  
	
   

  	
   

  	
  Name:

  	
   

  
	
   

  	
   

  	
  Title:

  	
  Vice
  President

  



 

















 


	
  GRAYSON CLO II 2004-1 LTD.

  	
   

  	
  GULF STREAM-RASHINBAN CLO 2006-I 

  
	
  By: Ursamine Credit Advisors LLC as its

  	
   

  	
  LTD

  
	
  Collateral Manager as a Lender

  	
   

  	
  By: Gulf Stream Asset Management LLC As

  Collateral Manager (Sumitomo Deal)

  
	
  By:

  	
  /s/
  Niall Rosenzweig

  	
   

  	
   

  
	
  Name:

  	
  Niall
  Rosenzweig

  	
   

  	
  GULF STREAM-SEXTANT CLO 2006-I

  
	
  Title:

  	
  Principal

  	
   

  	
  LTD

  
	
   

  	
   

  	
  By: Gulf Stream Asset Management LLC As

  Collateral Manager

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  GULF STREAM-SEXTANT CLO 2007-I

  LTD

  
	
   

  	
   

  	
  By: Gulf Stream Asset Management LLC As

  Collateral Manager

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  GULF STREAM-COMPASS CLO 2007 LTD

  
	
   

  	
   

  	
  By: Gulf Stream Asset Management LLC As

  Collateral Manager

  
	
   

  	
   

  	
  as
  a Lender

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/
  Barry Love

  
	
   

  	
   

  	
  Name:

  	
  Barry
  Love

  
	
   

  	
   

  	
  Title:

  	
  Chief
  Credit Officer

  
	
   

  	
   

  	
   

  
	
  HFR ED DISCOVERY MASTER TRUST

  as
  a Lender

  	
   

  	
  KATONAH III, LTD. by Sankaty Advisors

  LLC as Sub-Advisors as a Lender

  
	
  By:
  Brownstone Asset Management, LP, as

  	
   

  	
   

  
	
  Trading
  Manager for HFR Ed Discovery 

  	
   

  	
  By:

  	
  /s/
  Jeffrey Hawkins

  
	
  Master
  Trust

  	
   

  	
  Name:

  	
  Jeffrey
  Hawkins

  
	
   

  	
   

  	
  Title:

  	
  Managing
  Director

  
	
  By:

  	
  /s/
  David Zornitsky

  	
   

  	
   

  	
  Chief
  Operating Officer

  
	
  Name:

  	
  David
  Zornitsky

  	
   

  	
   

  
	
  Title:

  	
  CFO

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  JPMORGAN CHASE BANK, N.A. as a

  Lender
  and a Domestic L/C Issuer

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  JPMORGAN CHASE BANK, N.A.,

  TORONTO BRANCH as a Lender

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Stacey Haimes

  	
   

  	
   

  
	
  Name:

  	
  Stacey
  Haimes

  	
   

  	
   

  
	
  Title:

  	
  Executive
  Director

  	
   

  	
   

  



 

















 


	
  KATONAH IV, LTD. by Sankaty Advisors,

  LLC as Sub-Advisors as a Lender

  	
   

  	
  KS CAPITAL PARTNERS, L.P. as a Lender

  
	
   

  	
   

  	
  By:

  	
  /s/
  Michael Jenal

  
	
  By:

  	
  /s/
  Jeffrey Hawkins

  	
   

  	
  Name:

  	
  Michael
  Jenal

  
	
  Name:

  	
  Jeffrey
  Hawkins

  	
   

  	
  Title:

  	
  CFO

  
	
  Title:

  	
  Managing
  Director

  	
   

  	
   

  
	
   

  	
  Chief
  Operating Officer

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  KS INTERNATIONAL, INC. as a Lender

  	
   

  	
  LOAN FUNDING III LLC

  
	
   

  	
   

  	
   

  	
  By:
  Pacific Investment Management Company 

  
	
  By:

  	
  /s/
  Michael Jenal

  	
   

  	
  LLC,
  as its Investment Advisor

  
	
  Name:

  	
  Michael
  Jenal

  	
   

  	
   

  
	
  Title:

  	
  CFO

  	
   

  	
  By:

  	
  /s/
  Arthur YD. Ong

  
	
   

  	
   

  	
   

  	
  Arthur
  YD. Ong

  
	
   

  	
   

  	
   

  	
  Executive
  Vice President

  
	
   

  	
   

  	
   

  
	
  MALIBU CBNA LOAN FUNDING LLC

  	
   

  	
  MAYPORT CLO LTD.

  
	
  as
  a Lender

  	
   

  	
  By:
  Pacific Investment Management Company

  LLC,
  as its Investment Advisor

  
	
  By:

  	
  /s/
  Alicia Marthaler

  	
   

  	
   

  	
   

  
	
  Name:

  	
  Alicia
  Marthaler

  	
   

  	
  By:

  	
  /s/
  Arthur YD. Ong

  
	
  Title:

  	
  Attorney-in-fact

  	
   

  	
   

  	
  Arthur
  YD. Ong

  
	
   

  	
   

  	
   

  	
   

  	
  Executive
  Vice President

  
	
   

  	
   

  	
   

  
	
  MERRILL LYNCH CAPITAL CANADA

  INC. as a Lender

  	
   

  	
  MERRILL LYNCH CAPITAL SERVICES,

  INC. as a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Susan Rimmer

  	
   

  	
  By:

  	
  /s/
  Neyda Darias

  
	
  Name:

  	
  Susan
  Rimmer

  	
   

  	
  Name:

  	
  Neyda
  Darias

  
	
  Title:

  	
  Managing
  Director

  	
   

  	
  Title:

  	
  Vice
  President

  
	
   

  	
   

  	
   

  
	
  MIZUHO CORPORATE BANK, LTD. as a 

  	
   

  	
  NAVIGARE FUNDING I CLO LTD

  
	
  Lender

  	
   

  	
  By:
  Navigare Partners LLC

  
	
   

  	
   

  	
   

  	
  its
  collateral manager,  as a Lender

  
	
  By:

  	
  /s/
  Leon Mo

  	
   

  	
   

  
	
  Name:

  	
  Leon
  Mo

  	
   

  	
  By:

  	
  /s/
  Joel G. Serebransky

  
	
  Title:

  	
  Senior
  Vice President

  	
   

  	
  Name:

  	
  Joel
  G. Serebransky

  
	
   

  	
   

  	
  Title:

  	
  Managing
  Director

  
	
   

  	
   

  	
   

  
	
  NAVIGARE FUNDING II CLO LTD

  	
   

  	
  NAVIGARE FUNDING III CLO LTD

  
	
  By:
  Navigare Partners LLC

  	
   

  	
  By:
  Navigare Partners LLC

  
	
  as
  collateral manager,  as a Lender

  	
   

  	
  as
  collateral manager,  as a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Joel G. Serebransky

  	
   

  	
  By:

  	
  /s/
  Joel G. Serebransky

  
	
  Name:

  	
  Joel
  G. Serebransky

  	
   

  	
  Name:

  	
  Joel
  G. Serebransky

  
	
  Title:

  	
  Managing
  Director

  	
   

  	
  Title:

  	
  Managing
  Director

  



 

















 


	
  NEWSTART FACTORS, INC. as a Lender

  	
   

  	
  NUVEEN DIVERSIFIED DIVIDEND AND

  
	
   

  	
   

  	
  INCOME FUND as a Lender

  
	
  By:

  	
  /s/
  James Bennett

  	
   

  	
  By:
  Symphony Asset Management, LLC

  
	
  Name:

  	
  James
  Bennett

  	
   

  	
   

  	
   

  
	
  Title:

  	
  President

  	
   

  	
  By:

  	
  /s/
  James Kim

  
	
   

  	
   

  	
  Name:

  	
  James
  Kim

  
	
   

  	
   

  	
  Title:

  	
  Associate
  Portfolio Manager

  
	
   

  	
   

  	
   

  
	
  NUVEEN FLOATING RATE INCOME

  OPPORTUNITY FUND as a Lender

  	
   

  	
  NUVEEN MULTI-STRATEGY INCOME

  AND GROWTH FUND 2 as a Lender

  
	
  By:
  Symphony Asset Management, LLC

  	
   

  	
  By:
  Symphony Asset Management, LLC

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  James Kim

  	
   

  	
  By:

  	
  /s/
  James Kim

  
	
  Name:

  	
  James
  Kim

  	
   

  	
  Name:

  	
  James
  Kim

  
	
  Title:

  	
  Associate
  Portfolio Manager

  	
   

  	
  Title:

  	
  Associate
  Portfolio Manager

  
	
   

  	
   

  	
   

  
	
  NUVEEN TAX ADVANTAGED TOTAL

  RETURN STRATEGY FUND as a Lender

  	
   

  	
  PORTOLA CLO, LTD.

  By:
  Pacific Investment Management Company

  
	
  By:
  Symphony Asset Management, LLC

  	
   

  	
  LLC,
  as its Investment Advisor

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  James Kim

  	
   

  	
  By:

  	
  /s/
  Arthur YD. Ong

  
	
  Name:

  	
  James
  Kim

  	
   

  	
   

  	
  Arthur
  YD. Ong

  
	
  Title:

  	
  Associate
  Portfolio Manager

  	
   

  	
   

  	
  Executive
  Vice President

  
	
   

  	
   

  	
   

  
	
  PPM SHADOW CREEK FUNDING LLC as a Lender

  	
   

  	
  PRESIDENT & FELLOWS OF HARVARD COLLEGE

  
	
   

  	
   

  	
  By:

  	
  Regiment
  Capital Management, LLC its

  
	
  By:

  	
  /s/
  Tara E. Kenny

  	
   

  	
   

  	
  Investment
  Advisor

  
	
  Name:

  	
  Tara
  E. Kenny

  	
   

  	
  By:

  	
  Regiment
  Capital Advisors, LP its

  
	
  Title:

  	
  Assistant
  Vice President

  	
   

  	
   

  	
  Manager
  and pursuant to delegated

  
	
   

  	
   

  	
   

  	
  authority

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/
  Mark A. Brostowski

  
	
   

  	
   

  	
  Name:

  	
  Mark
  A. Brostowski

  
	
   

  	
   

  	
  Title:

  	
  Authorized
  Signatory

  
	
   

  	
   

  	
   

  
	
  PYRAMIS HIGH YIELD FUND, LLC, BY:

  	
   

  	
  RACE POINT IV CLO, LTD.

  
	
  PYRAMIS GLOBAL ADVISORS TRUST

  	
   

  	
  By:

  	
  Sankaty
  Advisors, LLC

  
	
  COMPANY, AS INVESTMENT

  	
   

  	
   

  	
  as
  Collateral Manager

  
	
  MANAGER UNDER POWER OF

  	
   

  	
  as
  a Lender

  
	
  ATTORNEY as a Lender

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/
  Jeffrey Hawkins

  
	
  By:

  	
  /s/
  Dave Censorio

  	
   

  	
  Name:

  	
  Jeffrey
  Hawkins

  
	
  Name:

  	
  Dave
  Censorio

  	
   

  	
  Title:

  	
  Managing
  Director

  
	
  Title:

  	
  VP

  	
   

  	
   

  	
  Chief
  Operating Officer

  



 

















 


	
  REGIMENT CAPITAL, LTD.

  	
   

  	
  SANKATY ADVISORS, LLC, as Collateral

  
	
  By:

  	
  Regiment
  Capital Management, LLC as

  	
   

  	
  Manager for Castle Hill I — INGOTS, Ltd., as

  
	
  its
  Investment Advisor

  	
   

  	
  Term Lender as a Lender

  
	
  By:

  	
  Regiment
  Capital Advisors, LP its

  	
   

  	
   

  
	
   

  	
  Manager
  are pursuant to delegated

  	
   

  	
  By:

  	
  /s/
  Jeffrey Hawkins

  
	
   

  	
  authority

  	
   

  	
  Name:

  	
  Jeffrey
  Hawkins

  
	
   

  	
   

  	
  Title:

  	
  Managing
  Director

  
	
  By:

  	
  /s/
  Mark A. Brostowski

  	
   

  	
   

  	
  Chief
  Operating Officer

  
	
  Name:

  	
  Mark
  A. Brostowski

  	
   

  	
   

  
	
  Title:

  	
  Authorized
  Signatory

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  SANKATY ADVISORS, LLC, as Collateral

  Manager for Castle Hill III CLO, Limited,

  as Term Lender as a Lender

  	
   

  	
  SANKATY ADVISORS, LLC, as Collateral

  Manager for Loan Funding XI LLC, As Term

  Lender as a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Jeffrey Hawkins

  	
   

  	
  By:

  	
  /s/
  Jeffrey Hawkins

  
	
  Name:

  	
  Jeffrey
  Hawkins

  	
   

  	
  Name:

  	
  Jeffrey
  Hawkins

  
	
  Title:

  	
  Managing
  Director

  	
   

  	
  Title:

  	
  Managing
  Director

  
	
   

  	
  Chief
  Operating Officer

  	
   

  	
   

  	
  Chief
  Operating Officer

  
	
   

  	
   

  	
   

  
	
  SANKATY ADVISORS, LLC as Collateral

  Manager for Race Point CLO, Limited, as

  Term Lender as a Lender

  	
   

  	
  SANKATY ADVISORS, LLC as Collateral

  Manager for Race Point II CLO, Limited, as

  Term Lender as a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Jeffrey Hawkins

  	
   

  	
  By:

  	
  /s/
  Jeffrey Hawkins

  
	
  Name:

  	
  Jeffrey
  Hawkins

  	
   

  	
  Name:

  	
  Jeffrey
  Hawkins

  
	
  Title:

  	
  Managing
  Director

  	
   

  	
  Title:

  	
  Managing
  Director

  
	
   

  	
  Chief
  Operating Officer

  	
   

  	
   

  	
  Chief
  Operating Officer

  
	
   

  	
   

  	
   

  
	
  SENIOR DEBT PORTFOLIO

  	
   

  	
  SERVES 2006-1, Ltd.

  
	
  By:

  	
  Boston
  Management and Research as

  	
   

  	
   

  
	
   

  	
  Investment
  Advisor

  	
   

  	
  By:

  	
  /s/
  Chris Kappas

  
	
  as
  Lender

  	
   

  	
  PPM America, Inc., as Collateral Manager

  
	
   

  	
   

  	
   

  	
  Chris
  Kappas

  
	
  By:

  	
  /s/
  Craig P. Russ

  	
   

  	
   

  	
  Managing
  Director

  
	
  Name:

  	
   

  	
   

  	
   

  
	
  Title:

  	
  Vice
  President

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  SOUTHPORT CLO, LIMITED

  	
   

  	
  SPECIAL SITUATIONS INVESTING 

  
	
  By:
  Pacific Investment Management Company

  LLC,
  as its Investment Advisor

  	
   

  	
  GROUP, INC.

  as
  a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Arthur YD. Ong

  	
   

  	
  By:

  	
  /s/
  Robert G. Frahm III

  
	
   

  	
  Arthur
  YD. Ong

  	
   

  	
  Name:

  	
  Robert
  G. Frahm III

  
	
   

  	
  Executive
  Vice President

  	
   

  	
  Title:

  	
  Authorized
  Signatory

  



 

















 


	
  SYMPHONY CLO I

  	
   

  	
  SYMPHONY CLO II

  
	
  as
  a Lender

  	
   

  	
  as
  a Lender

  
	
  By:
  Symphony Asset Management, LLC

  	
   

  	
  By:
  Symphony Asset Management, LLC

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  James Kim

  	
   

  	
  By:

  	
  /s/
  James Kim

  
	
  Name:

  	
  James
  Kim

  	
   

  	
  Name:

  	
  James
  Kim

  
	
  Title:

  	
  Associate
  Portfolio Manager

  	
   

  	
  Title:

  	
  Associate
  Portfolio Manager

  
	
   

  	
   

  	
   

  
	
  SYMPHONY CLO III

  	
   

  	
  SYMPHONY CLO IV

  
	
  as
  a Lender

  	
   

  	
  as
  a Lender

  
	
  By:
  Symphony Asset Management, LLC

  	
   

  	
  By:
  Symphony Asset Management, LLC

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  James Kim

  	
   

  	
  By:

  	
  /s/
  James Kim

  
	
  Name:

  	
  James
  Kim

  	
   

  	
  Name:

  	
  James
  Kim

  
	
  Title:

  	
  Associate
  Portfolio Manager

  	
   

  	
  Title:

  	
  Associate
  Portfolio Manager

  
	
   

  	
   

  	
   

  
	
  TRALEE CDO I, LTD.

  	
   

  	
  TRILOGY PORTFOLIO CO. LLC

  
	
  as
  a Lender

  	
   

  	
  as
  a Lender

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Joseph Matteo

  	
   

  	
  By:

  	
  /s/
  Paul S. Greenberg

  
	
  Name:

  	
  Joseph
  Matteo

  	
   

  	
  Name:

  	
  Paul
  S. Greenberg

  
	
  Title:

  	
  Authorized
  Signatory

  	
   

  	
  Title:

  	
  Principal

  
	
   

  	
   

  	
   

  
	
  WACHOVIA BANK, NATIONAL

  ASSOCIATION as a Lender

  	
   

  	
  WACHOVIA CAPITAL FINANCE

  CORPORATION (CANADA) as a Canadian

  Revolving
  Lender

  
	
  By:

  	
  /s/
  Thomas M. Cambern

  	
   

  	
   

  	
   

  
	
  Name:

  	
  Thomas
  M. Cambern

  	
   

  	
  By:

  	
  /s/
  Raymond Eghobamien

  
	
  Title:

  	
  Managing
  Director

  	
   

  	
  Name:

  	
  Raymond
  Eghobamien

  
	
   

  	
   

  	
  Title:

  	
  Vice
  President

  
	
   

  	
   

  	
   

  	
  Wachovia
  Capital Finance Corporation

  (Canada)

  
	
   

  	
   

  	
   

  
	
  WAVELAND — INGOTS, LTD.

  	
   

  	
  XL RE LTD

  
	
  By:
  Pacific Investment Management Company

  LLC,
  as its Investment Advisor

  	
   

  	
  By:

   

  	
  its
  Investment Advisor Regiment Capital Management LLC as

  
	
   

  	
   

  	
  By:

  	
  Regiment
  Capital Advisors, LP its

  
	
  By:

  	
  /s/
  Arthur YD. Ong

  	
   

  	
   

  	
  Manager
  and pursuant to delegated

  
	
   

  	
  Arthur
  YD. Ong

  	
   

  	
   

  	
  authority

  
	
   

  	
  Executive
  Vice President

  	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/
  Mark A. Brostowski

  
	
   

  	
   

  	
  Name:

  	
  Mark
  A. Brostowski

  
	
   

  	
   

  	
  Title:

  	
  Authorized
  Signatory

  



 

















 


	
  ZOHAR III, LIMITED

  	
   

  	
  EACH OF THE ACCOUNTS LISTED ON 

  
	
  as
  a Lender

  	
   

  	
  ANNEX A, INDIVIDUALLY, AND 

  
	
  By:
  Patriarch Partners XV, LLC, its Collateral 

  	
   

  	
  SEVERALLY NOT JOINTLY as a Lender:

  
	
  Manager

  	
   

  	
  ·

  	
  ISCOX INSURANCE COMPANY 

  
	
   

  	
   

  	
   

  	
  BERMUNDA LTD.

  
	
  By:

  	
  /s/
  Lynn Tilton

  	
   

  	
  ·

  	
  HISCOX SYNDICATE 33

  
	
  Name:

  	
  Lynn
  Tilton

  	
   

  	
  ·

  	
  GENERAL BOARD OF PENSION AND

  
	
  Title:

  	
  Manager

  	
   

  	
   

  	
  HEALTH BENEFITS OF THE UNITED

  
	
   

  	
   

  	
   

  	
   

  	
  METHODIST CHURCH,

  
	
   

  	
   

  	
   

  	
  ·

  	
  WELLINGTON TRUST COMPANY, 

  
	
   

  	
   

  	
   

  	
   

  	
  NATIONAL ASSOCIATION 

  
	
   

  	
   

  	
   

  	
   

  	
  MULTIPLE COLLECTIVE 

  
	
   

  	
   

  	
   

  	
   

  	
  INVESTMENT FUNDS TRUST, 

  
	
   

  	
   

  	
   

  	
   

  	
  OPPORTUNISTIC INVESTMENT

  
	
   

  	
   

  	
   

  	
   

  	
  PORTFOLIO

  
	
   

  	
   

  	
   

  	
  ·

  	
  WELLINGTON TRUST COMPANY,

  
	
   

  	
   

  	
   

  	
   

  	
  NATIONAL ASSOCIATION 

  
	
   

  	
   

  	
   

  	
   

  	
  MULTIPLE COMMON TRUST

  
	
   

  	
   

  	
   

  	
   

  	
  INVESTMENT FUNDS TRUST, 

  
	
   

  	
   

  	
   

  	
   

  	
  OPPORTUNISTIC INVESTMENT

  PORTFOLIO

  
	
   

  	
   

  	
   

  	
  By:
  

  	
  Wellington
  Management Company, LLPas Investment Adviser

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/
  Robert J. Toner

  
	
   

  	
   

  	
  Name:

  	
  Robert
  J. Toner

  
	
   

  	
   

  	
  Title:

  	
  Vice
  President and Counsel