Exhibit 10.1


 


 


AMENDMENT NO. 1 dated
as of November 10, 2005 (this “Amendment”), to the Amended and Restated
Credit Agreement dated as of April 1, 2004 (the “Credit Agreement”),
among TRANSDIGM INC., a Delaware corporation (the “Borrower”), TRANSDIGM
HOLDING COMPANY, a Delaware corporation (“Holdings”), the Lenders (as defined in Article I
of the Credit Agreement), and CREDIT SUISSE (formerly known as Credit Suisse
First Boston), as administrative agent (in such capacity, the “Administrative Agent”)
and as collateral agent (in such capacity, the “Collateral Agent”) for the Lenders.


 


A.                                   Pursuant to the Credit Agreement, the
Lenders and the Issuing Bank have extended, and have agreed to extend, credit
to the Borrower.


 


B.                                     The Borrower has requested that the Credit
Agreement be amended as set forth herein.


 


C.                                     Capitalized terms used but not defined
herein shall have the meanings assigned to them in the Credit Agreement.


 


Accordingly, in consideration of the mutual
agreements herein contained and other good and valuable consideration, the
sufficiency and receipt of which are hereby acknowledged, the parties hereto
agree as follows:


 


SECTION 1.  Amendments.
(a)  Section 1.01 of the Credit Agreement is hereby amended by
inserting the following in the appropriate alphabetical order therein:


 


“Bonus and Dividend Payments”
shall mean payments in cash, on or prior to May 10, 2006, in an
aggregate amount not to exceed $130,000,000 by Holdings and/or the Borrower of (a) dividends,
(b) payments (whether characterized as compensation, bonuses or otherwise)
to holders of options to purchase equity of Parent in the amount of the
dividends that such holders would have received in respect of such equity had
their options been exercised, (c)  payments to terminate deferred compensation
arrangements and (d) one-time special bonus payments not in excess of
$7,500,000 in cash in lieu of the establishment of deferred compensation
arrangements.


 


“Cumulative Excess Cash Flow “
shall mean, at any time, the sum of the Excess Cash Flow (but not less than
zero in any period) for each fiscal year, commencing with the fiscal year
commencing on October 1, 2005, and ending on the Borrower’s most recently
ended fiscal year, less the amount thereof used at or prior to such time to
make Restricted Payments.


 


“Other Subordinated Debt “
shall mean unsecured Indebtedness of Holdings or the Borrower (which may be
Guaranteed by an Loan Party on a subordinated basis) that satisfies the
conditions set forth in the proviso to Section 6.01(i).


 


“Parent” shall mean TD
Holding Corporation, a Delaware corporation.


 


“Parent Indebtedness”
shall mean Indebtedness of Parent, in an aggregate principal amount not to
exceed $200,000,000, which Indebtedness (a) matures after the Term Loan
Maturity Date, (b) shall not require any scheduled payment of


 





















 


principal prior to its maturity, (c) shall not
require Parent to maintain any specified financial condition or performance and
(d) shall not be Guaranteed by any Loan Party.


 


(b)         The definition of the term “Consolidated EBITDA”
set forth in Section 1.01 of the Credit Agreement is hereby amended as
follows:


 


(i)             by deleting clause (a)(ii) thereof and
substituting therefor the words “(ii) consolidated provisions for taxes
based on income, profits or capital and commercial activity (or similar taxes)
for such period”; and


 


(ii)          by (A) deleting the word “and” at the end of
clause (a)(xii) thereof and substituting therefor a comma and (B) inserting
at the end of clause (a)(xiii) thereof the words “, (xiv) Bonus and Dividend
Payments made during such period and (xv) earnout payments and deferred
purchase price payments made in connection with a Permitted Acquisition”.


 


(c)          The definition of the term “Excess Cash Flow” set
forth in Section 1.01 of the Credit Agreement is hereby amended as
follows:


 


(i)             by deleting the word “and” at the end of clause (b)(iv) thereof
and substituting therefore a comma; and


 


(ii)          by inserting at the end of clause (b)(v) thereof
the words “, (vi) Bonus and Dividend Payments made in cash during such
fiscal year to the extent added back to Consolidated EBITDA (pursuant to clause
(a)(xiv) of the definition of such term) and (vii) earnout payments and
deferred purchase price payments made in cash during such fiscal year to the
extent added back to Consolidated EBITDA (pursuant to clause (a)(xv) of the
definition of such term)”.


 


(d)         The definition of the term “Public Equity Offering”
set forth in Section 1.01 of the Credit Agreement is hereby amended as
follows:


 


(i)             by inserting therein the words “or Parent” after the
words “and by, Holdings”; and


 


(ii)          by deleting therefrom the words “, which yields not
less than $75,000,000 is Net Cash Proceeds to Holdings”.


 


(e)          The definition of the term “Restricted Payment”
set forth in Section 1.01 of the Credit Agreement is hereby amended by
inserting immediately after the words “whether in cash, securities or other
property” in the first place they appear therein the words “, including Bonus
and Dividend Payments”.


 


(f)            Section 2.13(c) (Equity Sweep) of the Credit
Agreement is hereby deleted and the words “[Intentionally Omitted]” substituted
therefor.


 


(g)         Section 6.01(g) (Subordinated Notes) of the
Credit Agreement is hereby amended by deleting the proviso thereto and
substituting therefor the words “; provided,
however, that up to $250,000,000 aggregate principal amount of Other
Subordinated Debt may be incurred


 


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pursuant to this paragraph (g) so long as
the Borrower complies with the provisions of Section 2.13(e);”


 


(h)         Section 6.01(i) (Other Subordinated Debt) of
the Credit Agreement is hereby amended by deleting therefrom the words “in an
aggregate principal amount, when combined with the aggregate principal amount
of all Indebtedness incurred pursuant to the proviso to Section 6.01(g) (to
the extent the proceeds thereof are not required to be applied to the
prepayment of outstanding Term Loans pursuant to Section 2.13(e)) and Section 6.01(h),
not in excess of $250,000,000 at any time outstanding”.


 


(i)             Section 6.04(g) (Permitted Acquisitions) of
the Credit Agreement is hereby amended and restated in its entirety to read as
follows:


 


“(g) the Borrower or
any Subsidiary may acquire all or substantially all the assets of a person or
line of business of such person, or not less than 100% of the Equity Interests
(except for directors’ qualifying shares) of a person (referred to herein as
the “Acquired Entity”);
provided that (i) such
acquisition was not preceded by an unsolicited tender offer for such Equity
Interests by, or proxy contest initiated by, Holdings, the Borrower or any
Subsidiary; (ii) the Acquired Entity shall be a going concern and after
giving effect to the acquisition the Borrower shall be in compliance with Section 6.08;
(iii) at the time of such transaction (A) both before and after
giving effect thereto, no Event of Default or Default shall have occurred and
be continuing; (B) the Borrower would be in Pro Forma Compliance; and (C) after
giving effect to such acquisition, there must be at least $10,000,000 of unused
and available Revolving Credit Commitments; and (iv) the Borrower shall
comply, and shall cause the Acquired Entity to comply, with the applicable
provisions of Section 5.09 and the Security Documents (any acquisition of
an Acquired Entity meeting all the criteria of this Section 6.04(g) being
referred to herein as a “Permitted
Acquisition”);


 


(j)             Section 6.06(a)(iv) (Restricted Payments) of
the Credit Agreement is hereby amended and restated in its entirety to read as
follows:


 


“(iv) on and after
the date of delivery of the financial statements for the fiscal year ending on September 30,
2005, Holdings and the Borrower may make Restricted Payments in an amount not
to exceed the then-available Cumulative Excess Cash Flow, so long as
(x) no Default shall have occurred and be continuing or would result
therefrom, (y) prior to or contemporaneously with such Restricted Payment,
the Borrower shall have made any mandatory prepayment required by Section 2.13(d),
and (z) at the time of such Restricted Payment, the Leverage Ratio is less than
4.00 to 1.00;”


 


(k)          Section 6.06(a) (Restricted Payments) of the
Credit Agreement is hereby further amended by (i) redesignating
clause (v) thereof as clause (vi) (and changing the
reference to clause (v) within such clause to be a reference to
clause (vi)) and (ii) adding the following thereto as a new
clause (v):


 


“(v) so long as no Default shall have occurred
and be continuing or would result therefrom, Holdings may make (and the
Borrower may make distributions to enable Holdings to make) (A) Bonus and
Dividend Payments, and (B) any


 


3





















 


dividend the proceeds of which are used, directly or
indirectly, to pay interest in respect of the Parent Indebtedness;”


 


(l)              Section 6.10(b) (Capital Expenditures
Carryforward) of the Credit Agreement is hereby amended and restated in its
entirety to read as follows:


 


“(b) The amount of
permitted Capital Expenditures set forth in paragraph (a) above (as
adjusted in accordance with the terms thereof) in respect of any fiscal year
commencing with the fiscal year ending on September 30, 2004, may be
carried forward and used in either of the two succeeding fiscal years.  For purposes of this paragraph, the amount of
Capital Expenditures made in any fiscal year shall be allocated first, to the amount carried forward to
such fiscal year from the second preceding fiscal year, second, to the amount carried forward to
such fiscal year from the immediately preceding fiscal year, and third, to the scheduled amount permitted
under paragraph (a) above for such fiscal year.”


 


(m)       Section 6.11 of the Credit Agreement is hereby
amended by deleting the table set forth therein and substituting therefor the
following table:


 


	
  Period

  	
   

  	
  Ratio

  	
   

  
	
  Closing Date through June 30, 2004

  	
   

  	
  2.00 to 1.00

  	
   

  
	
  July 1, 2004 through September 30,
  2004

  	
   

  	
  2.15 to 1.00

  	
   

  
	
  October 1, 2004 through March 31,
  2005

  	
   

  	
  2.35 to 1.00

  	
   

  
	
  April 1, 2005 through June 30,
  2006

  	
   

  	
  2.45 to 1.00

  	
   

  
	
  July 1, 2006 through March 31,
  2007

  	
   

  	
  2.55 to 1.00

  	
   

  
	
  April 1, 2007 through March 31,
  2008

  	
   

  	
  2.75 to 1.00

  	
   

  
	
  Thereafter

  	
   

  	
  3.00 to 1.00

  	
   

  



 


(n)         Section 6.13 of the Credit Agreement is hereby
amended by deleting the table set forth therein and substituting therefor the
following table:


 


	
  Period

  	
   

  	
  Ratio

  	
   

  
	
  Closing Date through June 30, 2004

  	
   

  	
  6.40 to 1.00

  	
   

  
	
  July 1, 2004 through September 30,
  2004

  	
   

  	
  5.75 to 1.00

  	
   

  
	
  October 1, 2004 through December 31,
  2004

  	
   

  	
  5.50 to 1.00

  	
   

  
	
  January 1, 2005 through March 31,
  2005

  	
   

  	
  5.40 to 1.00

  	
   

  
	
  April 1, 2005 through June 30,
  2005

  	
   

  	
  5.30 to 1.00

  	
   

  
	
  July 1, 2005 through December 31,
  2006

  	
   

  	
  5.00 to 1.00

  	
   

  
	
  January 1, 2007 through March 31,
  2007

  	
   

  	
  4.75 to 1.00

  	
   

  
	
  April 1, 2007 through March 31,
  2008

  	
   

  	
  4.25 to 1.00

  	
   

  
	
  April 1, 2008 through June 30,
  2009

  	
   

  	
  4.00 to 1.00

  	
   

  
	
  July 1, 2009 through June 30,
  2010

  	
   

  	
  3.75 to 1.00

  	
   

  
	
  Thereafter

  	
   

  	
  3.50 to 1.00

  	
   

  



 


4





















 


SECTION 2.  Representations
and Warranties.  To induce the
other parties hereto to enter into this Amendment, Holdings and the Borrower
represent and warrant to each of the Lenders, the Administrative Agent, the
Issuing Bank and the Collateral Agent that, after giving effect to this
Amendment, (a) the representations and warranties set forth in Article III
of the Credit Agreement are true and correct in all material respects on and as
of the date hereof, except to the extent such representations and warranties
expressly relate to an earlier date; and (b) no Default or Event of
Default has occurred and is continuing.


 


SECTION 3.  Amendment
Fee.  The Borrower agrees to
pay to the Administrative Agent for the account of each Lender that executes
and delivers a copy of this Amendment to the Administrative Agent (or its
counsel) at or prior to 12:00 noon (New York City time) on November 10,
2005 (the “Signing Date”),
an amendment fee (the “Amendment
Fee”) in an amount equal to 0.1% of the sum of such Lender’s
Revolving Credit Commitment (whether used or unused) and the principal amount
of such Lender’s outstanding Term Loans, in each case as of the Signing Date.  The Amendment Fee shall be payable in
immediately available funds on the Amendment Effective Date (as defined below).


 


SECTION 4.  Effectiveness.  This Amendment shall become effective as of
the date set forth above on the date (the “Amendment Effective Date”) on which the Administrative Agent shall
have received counterparts of this Amendment that, when taken together, bear
the signatures of the Borrower, Holdings and the Required Lenders; provided, however, that if this Amendment
is not approved by each of the Revolving Credit Lenders, then the amendment
effected by Section 1(b) hereof shall not be effective solely for
purposes of determining the Leverage Ratio as such term is used in the
definition of the term “Applicable Percentage”.


 


SECTION 5.  Effect of
Amendment.  Except as
expressly set forth herein, this Amendment shall not by implication or
otherwise limit, impair, constitute a waiver of, or otherwise affect the rights
and remedies of the Lenders, the Issuing Bank, the Collateral Agent or the Administrative
Agent under the Credit Agreement or any other Loan Document, and shall not
alter, modify, amend or in any way affect any of the terms, conditions,
obligations, covenants or agreements contained in the Credit Agreement or any
other Loan Document, all of which are ratified and affirmed in all respects and
shall continue in full force and effect. 
Nothing herein shall be deemed to entitle any Loan Party to a consent
to, or a waiver, amendment, modification or other change of, any of the terms,
conditions, obligations, covenants or agreements contained in the Credit
Agreement or any other Loan Document in similar or different
circumstances.  This Amendment shall
apply and be effective only with respect to the provisions of the Credit
Agreement specifically referred to herein. 
After the date hereof, any reference to the Credit Agreement shall mean
the Credit Agreement as modified hereby. 
This Amendment shall constitute a “Loan Document” for all purposes of
the Credit Agreement and the other Loan Documents.


 


SECTION 6.  Counterparts.  This Amendment may be executed in any number
of counterparts and by different parties hereto in separate counterparts, each
of which when so executed and delivered shall be deemed an original, but all
such counterparts together shall


 


5





















 


constitute but one and the same contract.  Delivery of an executed counterpart of a
signature page of this Amendment by facsimile transmission shall be as
effective as delivery of a manually executed counterpart hereof.


 


SECTION 7.  Applicable
Law.  THIS AMENDMENT SHALL BE
GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF
NEW YORK.


 


SECTION 8.  Confidentiality.  The Administrative Agent and the Lenders
acknowledge and agree that any information received from Holdings and/or the
Borrower in connection with this Amendment shall be governed by Section 9.16
of the Credit Agreement.


 


SECTION 9.  Headings.  The headings of this Amendment are for
purposes of reference only and shall not limit or otherwise affect the meaning
hereof.


 


[Remainder of this page intentionally
left blank]


 


6





















 


IN WITNESS WHEREOF, the parties hereto have caused
this Amendment to be duly executed by their duly authorized officers, all as of
the date and year first above written.


 


 


	
   

  	
  TRANSDIGM INC.,

  
	
   

  	
   

  
	
   

  	
  by

  	
  /s/ GREGORY RUFUS

  
	
   

  	
   

  	
    Name: Gregory Rufus

  
	
   

  	
   

  	
    Title: Executive VP and CFO

  



 


 


	
   

  	
  TRANSDIGM HOLDING COMPANY,

  
	
   

  	
   

  
	
   

  	
  By

  	
  /s/ GREGORY RUFUS

  
	
   

  	
   

  	
    Name: Gregory Rufus

  
	
   

  	
   

  	
    Title: VP and CFO

  



 


 


	
   

  	
  CREDIT SUISSE, CAYMAN ISLANDS BRANCH (formerly known as Credit Suisse
  First Boston, acting through its Cayman Islands Branch), individually and as
  Administrative Agent, Collateral Agent and Issuing Bank,

  
	
   

  	
   

  
	
   

  	
  by

  	
  /s/ Dana Klein

  
	
   

  	
   

  	
    Name: Dana Klein

  
	
   

  	
   

  	
    Title: Managing Director

  



 


	
   

  	
   

  
	
   

  	
  by

  	
  /s/ James Moran

  
	
   

  	
   

  	
    Name: James Moran

  
	
   

  	
   

  	
    Title: Managing Director

  



 


7





















 


	
   

  	
  SIGNATURE
  PAGE TO AMENDMENT NO. 1 DATED AS OF NOVEMBER 10, 2005, TO THE
  TRANSDIGM INC. AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF
  APRIL 1, 2004.

  
	
   

  	
   

  
	
   

  	
  Name of
  Lender: Trimaran CLO IV Ltd.

  
	
   

  	
   

  
	
   

  	
  By: Trimaran
  Advisors, L.L.C.

  
	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ David M.
  Millison

  	
   

  
	
   

  	
   

  	
   

  	
  Name: David
  M. Millison

  
	
   

  	
   

  	
   

  	
  Title: Managing Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: General Electric Capital Corporation

  
	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Marie G.
  Mollo

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Marie
  G. Mollo

  
	
   

  	
   

  	
   

  	
  Title: Duly Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Oak Hill Credit Partners I, Limited

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Oak Hill
  CLO Management I, LLC, as Investment Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Scott D.
  Krase

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Scott
  D. Krase

  
	
   

  	
   

  	
   

  	
  Title:
  Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Oak Hill Credit Partners II, Limited

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Oak Hill
  CLO Management II, LLC, as Investment Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Scott D.
  Krase

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Scott
  D. Krase

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
								



 


8





















 


	
   

  	
  Name of
  Lender: Oak Hill Credit Partners III, Limited

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Oak Hill
  CLO Management III, LLC, as Investment Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Scott D.
  Krase

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Scott
  D. Krase

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Allstate Life Insurance Company

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Chris
  Goergen

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Chris
  Goergen

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Breege
  A. Farrell

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Breege
  A. Farrell

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: AIMCO CLO, Series 2005-A

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Chris
  Goergen

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Chris
  Goergen

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Breege
  A. Farrell

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Breege
  A. Farrell

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Stone Tower Credit Funding I Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Stone
  Tower Debt Advisors, as its Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  W. Delpercio

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael W. Delpercio

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Stone Tower CLO IV Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Stone
  Tower Debt Advisors LLC, as its Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  W. Delpercio

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael W. Delpercio

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
											



 


2





















 


	
   

  	
  Name of Lender:
  Stone Tower CLO II Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Stone
  Tower Debt Advisors LLC, as its Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  W. Delpercio

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael W. Delpercio

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Fidelity Advisor Series II: Fidelity Advisor Floating Rate
  High Income Fund

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  Name:

  
	
   

  	
   

  	
   

  	
  Title:

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Ballyrock CLO II Limited, By: Ballyrock Investment Advisors LLC,
  as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Lisa
  Rymut

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Lisa
  Rymut

  
	
   

  	
   

  	
   

  	
  Title: Assistant Treasurer

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of Lender: Ballyrock CDO I Limited, By: Ballyrock Investment
  Advisors LLC, as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Lisa
  Rymut

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Lisa
  Rymut

  
	
   

  	
   

  	
   

  	
  Title: Assistant Treasurer

  
							



 


3





















 


	
   

  	
  Name of
  Lender: Denali Capital LLC, managing member of DC Funding Partners LLC,
  portfolio manager for Denali Capital CLO III, LTD., or an affiliate

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ John P.
  Thacker

  	
   

  
	
   

  	
   

  	
   

  	
  Name: John
  P. Thacker

  
	
   

  	
   

  	
   

  	
  Title: Chief Credit Officer

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Avalon Capital LTD. 3

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: INVESCO
  Senior Secured Management, Inc., as Asset Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Thomas
  H.B. Ewald

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Thomas
  H.B. Ewald

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Bank of America, N.A.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ David H.
  Stricket

  	
   

  
	
   

  	
   

  	
   

  	
  Name: David
  H. Stricket

  
	
   

  	
   

  	
   

  	
  Title: SVP

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Landmark III CDO Limited

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Aladdin
  Capital Management LLC, as Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Angela
  Bozorgmir

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Angela
  Bozorgmir

  
	
   

  	
   

  	
   

  	
  Title: Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: National City Bank

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Daniel
  R. Raynor

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Daniel
  R. Raynor

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
									



 


4





















 


	
   

  	
  Name of
  Lender: Nomura Bond and Loan Fund

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:
  Mitsubishi UFJ Trust & Banking Corporation as Trustee

  
	
   

  	
  By: Nomura
  Corporate Research & Asset Management, Inc.

  
	
   

  	
  Attorney in
  Fact

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/
  Elizabeth MacLean

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Elizabeth MacLean

  
	
   

  	
   

  	
   

  	
  Title: Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Clydesdale CLO 2003 Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Nomura
  Corporate Research and Asset Management, Inc., as Collateral
  Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/
  Elizabeth MacLean

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Elizabeth MacLean

  
	
   

  	
   

  	
   

  	
  Title: Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Eaton Vance Floating-Rate Income Trust

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton
  Vance Management as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael B.
  Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Eaton Vance Senior Income Trust

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton
  Vance Management as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  B. Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
						



 


5





















 


	
   

  	
  Name of
  Lender: Eaton Vance Institutional Senior Loan Fund

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton
  Vance Management as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael B.
  Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Eaton Vance CDO III, LTD.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton
  Vance Management as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  B. Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of Lender: Constantinus Eaton Vance CDO V, Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton Vance Management as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  B. Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Eaton Vance CDO VI, LTD.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton
  Vance Management as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael B.
  Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Grayson & Co.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Boston
  Management and Research, as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  B. Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
							



 


6





















 


	
   

  	
  Name of
  Lender: The Norinchukin Bank, New York Branch, through State Street Bank
  and Trust Company, N.A. as Fiduciary Custodian

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton
  Vance Management, Attorney in Fact

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael B.
  Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Big Sky III Senior Loan Trust

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton
  Vance Management as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  B. Botthof

  	
   

  
	
   

  	
   

  	
   

  	
   Name: Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Eaton Vance VT Floating Rate Income Fund

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton
  Vance Management as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael B.
  Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Eaton Vance Limited Duration Income Fund

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton
  Vance Management as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  B. Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
						



 


7





















 


	
   

  	
  Name of
  Lender: Tolli & Co.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton
  Vance Management as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  B. Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Eaton Vance Senior Floating-Rate Trust

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton
  Vance Management as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael B.
  Botthof

  	
   

  
	
   

  	
   

  	
   

  	
   Name: Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Eaton Vance Variable Leverage Fund Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Eaton
  Vance Management as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael B.
  Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Senior Debt Portfolio

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Boston
  Management and Research, as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  B. Botthof

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael B. Botthof

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
								



 


8





















 


	
   

  	
  Name of
  Lender: Black Diamond CLO 2005-1 LTD.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Black
  Diamond Capital Management, L.L.C., as its Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ James J.
  Zenni, Jr.

  	
   

  
	
   

  	
   

  	
   

  	
  Name: James
  J. Zenni, Jr.

  
	
   

  	
   

  	
   

  	
  Title: President & Managing Partner, Black Diamond Capital
  Management, L.L.C.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Eagle Creek CLO, Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Thomas
  N. Davis

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Thomas
  N. Davis

  
	
   

  	
   

  	
   

  	
  Title: AVP

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: ARES III CLO Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: ARES CLO
  Management LLC, Investment Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Americo
  Cascella

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Americo Cascella

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Ares IV CLO Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Ares CLO
  Management IV, L.P., Investment Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Ares CLO
  GP IV, LLC, its Managing Member

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Americo
  Cascella

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Americo Cascella

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Ares VII CLO Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Ares CLO
  Management VII, L.P., Investment Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Ares CLO
  GP VII, LLC, its General Partner

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Americo
  Cascella

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Americo Cascella

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
								



 


9





















 


	
   

  	
  Name of
  Lender: Ares VIII CLO Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Ares CLO
  Management VIII, L.P., Investment Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Ares CLO
  GP VIII, LLC, its General Partner

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Americo
  Cascella

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Americo Cascella

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Loan Funding III LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Pacific
  Investment Management Company LLC, as its Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Mohan V.
  Phansalkar

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Mohan
  V. Phansalkar

  
	
   

  	
   

  	
   

  	
  Title: Managing Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Sequils-Magnum, Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Pacific
  Investment Management Company LLC, as its Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Mohan V.
  Phansalkar

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Mohan
  V. Phansalkar

  
	
   

  	
   

  	
   

  	
  Title: Managing Director

  
						



 


10





















 


	
   

  	
  Name of
  Lender: Wrigley CDO, Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Pacific
  Investment Management Company LLC, as its Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Mohan V.
  Phansalkar

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Mohan
  V. Phansalkar

  
	
   

  	
   

  	
   

  	
  Title: Managing Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Credit Industriel et Commercial

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Brian
  O’Leary

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Brian
  O’Leary

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Sean
  Mounier

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Sean
  Mounier

  
	
   

  	
   

  	
   

  	
  Title: First Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Longhorn CDO III, Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Merrill
  Lynch Investment Managers, L.P., as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  Name:

  
	
   

  	
   

  	
   

  	
  Title:

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Trumbull THC2 Loan Funding LLC, for itself or as agent for
  Trumbull THC2 CFPI Loan Funding LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Mikus N.
  Kins

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Mikus
  N. Kins

  
	
   

  	
   

  	
   

  	
  Title: Attorney in Fact

  
									



 


11





















 


	
   

  	
  Name of
  Lender: Van Kampen Senior Income Trust

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Van
  Kampen Asset Management

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Christina
  Jamieson

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Christina Jamieson

  
	
   

  	
   

  	
   

  	
  Title: Executive Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Van Kampen Senior Loan Fund

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Van
  Kampen Asset Management

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Christina
  Jamieson

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Christina Jamieson

  
	
   

  	
   

  	
   

  	
  Title: Executive Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Morgan Stanley Prime Income Trust

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Jinny K.
  Kim

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Jinny
  K. Kim

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Venture CDO 2002 Limited

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: its
  Investment Advisor, MJX Asset Management LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  Regan

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael Regan

  
	
   

  	
   

  	
   

  	
  Title: Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Venture II CDO 2002 Limited

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: its
  Investment Advisor, MJX Asset Management LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Michael
  Regan

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Michael Regan

  
	
   

  	
   

  	
   

  	
  Title: Director

  
									



 


12





















 


	
   

  	
  Name of
  Lender: Charter View Portfolio

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: INVESCO
  Senior Secured Management, Inc., as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Thomas H.B.
  Ewald

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Thomas
  H.B. Ewald

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Diversified Credit Portfolio LTD.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: INVESCO
  Senior Secured Management, Inc., as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Thomas
  H.B. Ewald

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Thomas
  H.B. Ewald

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: AIM Floating Rate Fund

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: INVESCO
  Senior Secured Management, Inc., as Sub-Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Thomas
  H.B. Ewald

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Thomas
  H.B. Ewald

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: INVESCO European CDO I S.A.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: INVESCO
  Senior Secured Management, Inc., as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Thomas
  H.B. Ewald

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Thomas
  H.B. Ewald

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
							



 


13





















 


	
   

  	
  Name of
  Lender: Sequils-Liberty, Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: INVESCO
  Senior Secured Management, Inc., as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Thomas
  H.B. Ewald

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Thomas
  H.B. Ewald

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Nautique Funding Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: INVESCO
  Senior Secured Management, Inc., as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Thomas
  H.B. Ewald

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Thomas
  H.B. Ewald

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Saratoga CLO I, Limited

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: INVESCO
  Senior Secured Management, Inc., as Asset Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Thomas
  H.B. Ewald

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Thomas
  H.B. Ewald

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Avalon Capital Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: INVESCO
  Senior Secured Management, Inc., as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Thomas
  H.B. Ewald

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Thomas
  H.B. Ewald

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Sagamore CLO Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: INVESCO
  Senior Secured Management, Inc., as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Thomas
  H.B. Ewald

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Thomas
  H.B. Ewald

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
						



 


14





















 


	
   

  	
  Name of
  Lender: LCM I Limited Partnership

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Lyon
  Capital Management LLC, as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Alexander
  B. Kenna

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Alexander B. Kenna

  
	
   

  	
   

  	
   

  	
  Title: Portfolio Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: LCM III, Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Lyon
  Capital Magement LLC, as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Alexander
  B. Kenna

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Alexander B. Kenna

  
	
   

  	
   

  	
   

  	
  Title: Portfolio Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Ino-Suez Capital Funding VI, Limited

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Lyon
  Capital Management LLC, as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Alexander
  B. Kenna

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Alexander B. Kenna

  
	
   

  	
   

  	
   

  	
  Title: Portfolio Manager

  
							



 


15





















 


	
   

  	
  Name of
  Lender: Putnam Floating Rate Income Fund

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Beth
  Mazor

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Beth
  Mazor

  
	
   

  	
   

  	
   

  	
  Title: V.P.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Putnam Variable Trust - Put High Yield Fund

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Beth
  Mazor

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Beth
  Mazor

  
	
   

  	
   

  	
   

  	
  Title: V.P.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Putnam Diversified Income Trust

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Beth
  Mazor

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Beth
  Mazor

  
	
   

  	
   

  	
   

  	
  Title: V.P.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Putnam Master Intermediate Income Trust

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Beth
  Mazor

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Beth
  Mazor

  
	
   

  	
   

  	
   

  	
  Title: V.P.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Putnam Premier Income Trust

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Beth
  Mazor

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Beth
  Mazor

  
	
   

  	
   

  	
   

  	
  Title: V.P.

  
							



 


16





















 


	
   

  	
  Name of
  Lender: Putnam Variable Trust - Put Diversified Income Fund

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Beth
  Mazor

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Beth
  Mazor

  
	
   

  	
   

  	
   

  	
  Title: V.P.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Flagship Capital CLO II

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Flagship
  Capital Management, Inc.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Colleen
  Cunniffe

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Colleen Cunniffe

  
	
   

  	
   

  	
   

  	
  Title: Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Waveland-INGOTS, LTD.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Pacific
  Investment Management Company, LLC, as its Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Mohan V.
  Phansalkar

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Mohan
  V. Phansalkar

  
	
   

  	
   

  	
   

  	
  Title: Managing Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Flagship Capital CLO 2001-1

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Flagship
  Capital Management, Inc.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Colleen
  Cunniffe

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Colleen Cunniffe

  
	
   

  	
   

  	
   

  	
  Title: Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Harbour Town Funding LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Anna M.
  Tallent

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Anna
  M. Tallent

  
	
   

  	
   

  	
   

  	
  Title: Assistant Vice President

  
									



 


17





















 


	
   

  	
  Name of
  Lender: Sankaty Advisors LLC as Collateral Manager for Castle Hill II -
  INGOTS, Ltd., as Term Lender

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Diane J.
  Exter

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Diane
  J. Exter

  
	
   

  	
   

  	
   

  	
  Title: Managing Director Portfolio Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Sankaty Advisors, Inc. as Collateral Manager for Brant Point
  CBO 1999-1 Ltd, as Term Lender

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Diane J.
  Exter

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Diane
  J. Exter

  
	
   

  	
   

  	
   

  	
  Title: Managing Director Portfolio Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Sankaty Advisors LLC as Collateral Manager for Race Point II CLO,
  Limited, as Term Lender

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Diane J.
  Exter

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Diane
  J. Exter

  
	
   

  	
   

  	
   

  	
  Title: Managing Director Portfolio Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Sankaty Advisors LLC as Collateral Manager for Race Point CLO,
  Limited, as Term Lender

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Diane J.
  Exter

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Diane
  J. Exter

  
	
   

  	
   

  	
   

  	
  Title: Managing Director Portfolio Manager

  
							



 


18





















 


	
   

  	
  Name of
  Lender: Sankaty Advisors LLC as Collateral Manager for Castle Hill I-
  INGOTS, Ltd., as Term Lender

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Diane J.
  Exter

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Diane
  J. Exter

  
	
   

  	
   

  	
   

  	
  Title: Managing Director Portfolio Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Sankaty Advisors LLC as Collateral Manager for Castle Hill III CLO
  Limited, as Term Lender

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Diane J.
  Exter

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Diane
  J. Exter

  
	
   

  	
   

  	
   

  	
  Title: Managing Director Portfolio Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Citigroup Investments Corporate Loan Fund, Inc.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:
  Citigroup Alternative Investments LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Maura
  Connor

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Maura
  Connor

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Columbus Loan Funding Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:
  Citigroup Alternative Investments LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Maura
  Connor

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Maura
  Connor

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Gallatin Funding I Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Bear
  Stearns Asset Management Inc., as its Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Jonathan
  Bery

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Jonathan Bery

  
	
   

  	
   

  	
   

  	
  Title: Associate Director

  
							



 


19





















 


	
   

  	
  Name of
  Lender: Bear Stearns Loan Trust

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Bear
  Stearns Asset Management Inc., as its attorney in fact

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Jonathan
  Bery

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Jonathan Bery

  
	
   

  	
   

  	
   

  	
  Title: Associate Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Braymoor & Co.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Bear
  Stearns Asset Management Inc., as its attorney in fact

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Jonathan
  Bery

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Jonathan Bery

  
	
   

  	
   

  	
   

  	
  Title: Associate Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: UBS AG, Stamford Branch

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Salloz
  Slides

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Salloz
  Slides

  
	
   

  	
   

  	
   

  	
  Title: Associate Director Banking Products Services, US

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Joselin
  Fernades

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Joselin Fernades

  
	
   

  	
   

  	
   

  	
  Title: Associate Director Banking Products Services, US

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Ballantyne Funding LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Anna M.
  Tallent

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Anna
  M. Tallent

  
	
   

  	
   

  	
   

  	
  Title: Assistant Vice President

  
							



 


20





















 


	
   

  	
  Name of
  Lender: Jupiter Loan Funding LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Anna M.
  Tallent

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Anna
  M. Tallent

  
	
   

  	
   

  	
   

  	
  Title: Assistant Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Muirfield Trading LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Anna M.
  Tallent

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Anna M.
  Tallent

  
	
   

  	
   

  	
   

  	
  Title: Assistant Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Toronto Dominion (New York) LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Masood
  Fikfee

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Masood
  Fikfee

  
	
   

  	
   

  	
   

  	
  Title: Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: CIT Lending Services Corporation

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Barbara
  Habbab

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Barbara Habbab

  
	
   

  	
   

  	
   

  	
  Title: VP

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Rosemount CLO, Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:
  Deerfield Capital Management LLC, as its Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Peter
  Sakon

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Peter
  Sakon

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
									



 


21





















 


	
   

  	
  Name of
  Lender: Bryn Mawr CLO, Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:
  Deerfield Capital Management LLC, as its Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Peter
  Sakon

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Peter
  Sakon

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Forest Creek CLO, Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:
  Deerfield Capital Management LLC, as its Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Peter
  Sakon

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Peter
  Sakon

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Long Grove CLO, Limited

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:
  Deerfield Capital Management LLC, as its Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Peter
  Sakon

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Peter
  Sakon

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Market Square CLO, Ltd.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:
  Deerfield Capital Management LLC, as its Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Peter
  Sakon

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Peter
  Sakon

  
	
   

  	
   

  	
   

  	
  Title: Vice President

  
							



 


22





















 


	
   

  	
  Name of
  Lender: ECL Loan Funding LLC for itself or as agent for ECL 2 Loan Funding
  LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Mikus
  Kins

  	
   

  
	
   

  	
   

  	
   

  	
  Name: Mikus
  Kins

  
	
   

  	
   

  	
   

  	
  Title: Attorney in fact

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Matthew
  Massier

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Matthew Massier

  
	
   

  	
   

  	
   

  	
  Title: As Attorney in fact

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Name of
  Lender: Dryden IV - Leveraged Loan CDO 2003

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:
  Prudential Investment Management, Inc., as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  Name:

  
	
   

  	
   

  	
   

  	
  Title:

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Massachusetts Mutual Life Insurance Company

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Babson Capital Management LLC, as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Adrienne
  Musgnug

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Adrienne Musgnug

  
	
   

  	
   

  	
   

  	
  Title: Managing Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Maplewood (Cayman) Limited

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Babson Capital Management LLC, as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Adrienne
  Musgnug

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Adrienne Musgnug

  
	
   

  	
   

  	
   

  	
  Title: Managing Director

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Suffield CLO, Limited

  
	
   

  	
  Babson CLO Ltd. 2004-I

  
	
   

  	
  Babson CLO Ltd. 2005-III

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Babson Capital Management LLC, as Collateral Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Adrienne
  Musgnug

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Adrienne Musgnug

  
	
   

  	
   

  	
   

  	
  Title: Managing Director

  
									



 


23





















 


	
   

  	
  Bill & Melinda Gates Foundation

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By: Babson Capital Management LLC, as Investment Advisor

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  by

  	
  /s/ Adrienne
  Musgnug

  	
   

  
	
   

  	
   

  	
   

  	
  Name:
  Adrienne Musgnug

  
	
   

  	
   

  	
   

  	
  Title: Managing Director

  



 


24