Form 8-K

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 8-K

 

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): August 2, 2012

 

 

ENERGY TRANSFER EQUITY, L.P.

(Exact name of Registrant as specified in its charter)

 

 

 

Delaware   001-32740   30-0108820

(State or other jurisdiction

of incorporation)

 

(Commission

File Number)

 

(IRS Employer

Identification Number)

3738 Oak Lawn

Dallas, Texas 75219

(Address of principal executive offices, including zip code)

(214) 981-0700

(Registrant’s telephone number, including area code)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 1.01. Entry into a Material Definitive Agreement.

Term Loan Agreement Amendment

On August 2, 2012, in connection with the previously announced merger (together with transactions related thereto, the “Merger”) of Sam Acquisition Corporation, a wholly owned subsidiary of Energy Transfer Partners, L.P. (“ETP”), a subsidiary of Energy Transfer Equity, L.P. (“ETE”), with and into Sunoco, Inc. (“Sunoco”), ETE, certain subsidiaries of ETE, the several banks and other financial institutions party thereto (collectively, the “Consenting Lenders”) and Credit Suisse AG, in its capacity as administrative agent (the “Administrative Agent”) for the Lenders (as defined below) entered into Amendment No. 1 to Senior Secured Term Loan Agreement (the “Loan Agreement Amendment”) to that certain Senior Secured Term Loan Agreement by and among ETE, the Consenting Lenders (together with the other banks and financial institutions party thereto, the “Lenders”) and the Administrative Agent, which became effective on March 26, 2012 (as amended, supplemented and modified, the “Term Loan Agreement”).

The Loan Agreement Amendment amended the Term Loan Agreement to, among other matters:

 

   

permit the general partner of ETP to relinquish incentive distribution rights in connection with the Merger;

 

   

permit ETE and certain of its subsidiaries to relinquish incentive distribution rights in connection with future transactions provided that such relinquishment and proposed transaction, collectively, are not expected to adversely affect Pro Forma Consolidated EBITDA of the Borrower (as defined in the Term Loan Agreement);

 

   

amend the calculation of Consolidated EBITDA of the Borrower (as defined in the Term Loan Agreement) to include distributions received from non-wholly owned subsidiaries of ETE and entities that may be acquired in the future; and

 

   

amend the calculation of value for purposes of the loan to value covenant to account for non-wholly owned subsidiaries of ETE and entities that may be acquired in the future.

The disclosure contained in this Item 1.01 does not purport to be a complete description of the Loan Agreement Amendment and is qualified in its entirety by reference to the Loan Agreement Amendment which is filed as Exhibit 10.1 hereto and is incorporated herein by reference.

 

Item 9.01. Financial Statements and Exhibits.

 

(d) Exhibits.

 

Exhibit Number

  

Description of the Exhibit

10.1    Amendment No.1 to Senior Secured Term Loan Agreement by and among Energy Transfer Equity, L.P. (the “Borrower”), the Restricted Persons party thereto, the Lenders party thereto and Credit Suisse AG, in its capacity as administrative agent for the Lenders dated as of August 2, 2012.


SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

    Energy Transfer Equity, L.P.
    By:   LE GP, LLC,
      its general partner
Date: August 8, 2012     By:   /s/ John W. McReynolds
     

 

      John W. McReynolds
      President and Chief Financial Officer


EXHIBIT INDEX

 

Exhibit Number

  

Description of the Exhibit

10.1    Amendment No.1 to Senior Secured Term Loan Agreement by and among Energy Transfer Equity, L.P. (the “Borrower”), the Restricted Persons party thereto, the Lenders party thereto and Credit Suisse AG, in its capacity as administrative agent for the Lenders dated as of August 2, 2012.
Amendment No.1 to Senior Secured Term Loan Agreement

Exhibit 10.1

EXECUTION VERSION

AMENDMENT NO. 1 TO SENIOR SECURED TERM LOAN AGREEMENT

THIS AMENDMENT NO. 1 TO SENIOR SECURED TERM LOAN AGREEMENT (this “Amendment”) dated as of August 2, 2012 is among Energy Transfer Equity, L.P., a Delaware limited partnership (the “Borrower”), the Restricted Persons party hereto, the several banks and other financial institutions signatories hereto (the “Lenders”), and Credit Suisse AG, as Administrative Agent for the Lenders (the “Administrative Agent”).

RECITALS

A. The Borrower, the Lenders and the Administrative Agent are parties to a Senior Secured Term Loan Agreement dated as of March 23, 2012 (the “Existing Term Loan Agreement”).

B. The Borrower has requested that the Existing Term Loan Agreement be amended in the manner set forth herein (the Existing Term Loan Agreement, as amended by this Amendment, the “Term Loan Agreement”), subject to the satisfaction of the conditions precedent to effectiveness referred to in Section 3 hereof.

C. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth in this Amendment, the Borrower, the Administrative Agent and the Majority Lenders agree as follows:

1. Amendments to Existing Term Loan Agreement as of the Amendment Effective Date. The Existing Term Loan Agreement is amended, as of the Amendment Effective Date (as defined below), as follows:

1.1 Amendments to Section 1.01 (Defined Terms).

(a) The following definition is added in the appropriate alphabetical order:

Sunoco Transaction” means the transactions contemplated by (a) that certain Agreement and Plan of Merger dated as of April 29, 2012 and amended by Amendment No. 1 thereto dated as of June 15, 2012, and as further amended, restated, supplemented or otherwise modified from time to time, by and among Sunoco, Inc., ETP, ETP GP, Sam Acquisition Corporation, and, for certain limited purposes set forth therein, the Borrower, and (b) all other agreements entered into in connection with the foregoing.

(b) The definition of “SUG Holdco” is hereby amended and restated as follows:

SUG Holdco” means ETE Sigma Holdco, LLC, a Delaware limited liability company.

(c) The definition of “Unrestricted Persons” is hereby amended to include, as Unrestricted Persons, ETP Holdco Corporation, a Delaware corporation, ETE Holdco Corporation, a Delaware corporation, and each of their respective subsidiaries.


1.2 Amendment to Section 7.04(d). Section 7.04(d) of the Existing Term Loan Agreement is hereby amended by adding “(i)” to the beginning of such clause (d), deleting the semicolon at the end of such clause, and adding the following language to the end of such clause:

, (ii) ETP GP may relinquish incentive distribution rights in connection with the Sunoco Transaction, in the amounts contemplated by the Sunoco Transaction as of the Amendment Effective Date and (iii) the Borrower or any Restricted Subsidiary may relinquish incentive distribution rights in connection with any other transaction so long as the Borrower has delivered a certificate of its Chief Financial Officer certifying that, for all Applicable Test Periods, Pro Forma Consolidated EBITDA of the Borrower (as defined below) would not be (or is not expected to be) less than Consolidated EBITDA of the Borrower without giving effect to such transaction and relinquishment. For purposes of the test in clause (iii), (w) “Pro Forma Consolidated EBITDA of the Borrower” shall mean Consolidated EBITDA of the Borrower, calculated giving pro forma effect to such transaction and the associated relinquishment as contemplated by the definition of Consolidated EBITDA of the Borrower as reasonably determined by the Borrower; (x) “Applicable Test Period” shall mean the four Fiscal Quarter period most recently ending prior to such transaction for which financial statements contemplated by Section 6.02(b) are available to the Borrower, and each succeeding non-overlapping four Fiscal Quarter period during which an amount is being relinquished pursuant to such relinquishment; (y) calculations made with respect to such succeeding periods may be based on projected Pro Forma Consolidated EBITDA of the Borrower and projected Consolidated EBITDA of the Borrower, as reasonably determined by the Borrower acting in good faith and (z) the Borrower may deliver one or more additional such certificates for a given transaction at any time if a given relinquishment is subsequently increased, extended or otherwise modified.

2. Additional Amendments to Existing Term Loan Agreement after the Amendment Effective Date. The Existing Term Loan Agreement shall be amended, effective as of the last day of the first full Fiscal Quarter occurring after the consummation of the Sunoco Transaction, as follows:

2.1 Amendments to Section 1.01 (Defined Terms).

(a) The definition of “Consolidated EBITDA of the Borrower” shall be amended and restated as follows:

Consolidated EBITDA of the Borrower” means, for any period of four Fiscal Quarters, the sum of (without duplication):

 

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(a) four times the amount of cash distributions payable with respect to the last Fiscal Quarter in such period by an MLP or any other Person (unless either (i) such Person is a Restricted Subsidiary or (ii) such Person is a Wholly Owned Subsidiary of the Borrower that is an Unrestricted Person and such distributions are funded, directly or indirectly, with substantially contemporaneous Investments by the Borrower or a Restricted Person) to the Borrower or its Restricted Subsidiaries in respect of limited partnership units in such MLP or Equity Interests in such a Person, to the extent actually received on or prior to the date the financial statements with respect to such Fiscal Quarter referred to in Section 6.02 are required to be delivered by the Borrower; provided that if the Borrower has acquired or disposed of any limited partnership units in such MLP or the Borrower or any of its subsidiaries has made a Specified Acquisition or Specified Disposition at any time after the first day of such Fiscal Quarter, the determinations in this clause (a) shall be made giving pro forma effect to such acquisition or disposition as if such acquisition or disposition had occurred on the first day of the Fiscal Quarter; plus

(b) four times the amount of cash distributions payable with respect to the last Fiscal Quarter in such period by an MLP to the Borrower or its Restricted Subsidiaries in respect of the general partnership interests or incentive distribution rights to the extent actually received on or prior to the date the financial statements with respect to such Fiscal Quarter referred to in Section 6.02 are required to be delivered by the Borrower; provided that if the Borrower has acquired or disposed of any general partnership interests or incentive distribution rights in an MLP at any time after the first day of such Fiscal Quarter, the determinations in this clause (b) shall be made giving pro forma effect to such acquisition or disposition as if such acquisition or disposition had occurred on the first day of the Fiscal Quarter; plus

(c) Consolidated Net Income of the Borrower and its Restricted Subsidiaries for such four Fiscal Quarter period, plus, but without duplication, (i) each of the following to the extent deducted in determining such Consolidated Net Income (A) all Consolidated Interest Expense, (B) all income taxes (including any franchise taxes to the extent based upon net income), (C) all depreciation and amortization (including amortization of intangible assets), (D) Prepayment Hedge Termination Expenses to the extent not included in Consolidated Interest Expense, (E) any other non-cash charges or losses (including any non-cash losses resulting from the impairment of long-lived assets, goodwill or intangible assets), and (F) any fees, expenses or charges relating to any offering of Equity Interests, any Investment, acquisition or Indebtedness permitted to be incurred hereunder (in each case whether or not successful) minus (ii) each of the following (A) all non-cash items of income or gain which were included in determining such Consolidated Net Income, and (B) any cash payments made during such period in respect of items described in clause (i)(E) of this clause (d) subsequent to the Fiscal Quarter in which the relevant non-cash charges or losses were reflected as a charge in the statement of Consolidated Net Income; provided that if the Borrower or its Restricted Subsidiaries has made a Specified Acquisition or Specified Disposition at any time after the first day of such four Fiscal Quarter period, the determinations in this clause (c) shall be made giving pro forma effect

 

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to such acquisition or disposition as if such acquisition or disposition had occurred on the first day of such four Fiscal Quarter period. For the avoidance of doubt, the determinations in this clause (c) shall not include Consolidated Net Income attributable to distributions that are otherwise part of the calculation of Consolidated EBITDA of the Borrower pursuant to clause (a) or (b) above.

(b) The defined term “Consolidated EBITDA of SUG” shall be deleted in its entirety.

(c) The defined term “SUG Pro Forma Cash Distributions” shall be deleted in its entirety.

(d) The definition of “Value” shall be amended and restated as follows:

Value” means as of any date of determination (i) the combined market value of limited partnership units of each MLP held by the Borrower as determined by reference to the price of the common units of such MLP as quoted on the New York Stock Exchange at the close of business on the date of determination plus (ii) 20 times Consolidated EBITDA of the Borrower derived from the general partnership interests and incentive distribution rights under the Agreement of Limited Partnership of such MLP as in effect from time to time (other than expenses relating to the Borrower) for the four Fiscal Quarter period most recently ended prior to the date of determination as set forth in clause (b) of the definition of “Consolidated EBITDA of the Borrower” plus (iii) 12.5 times Consolidated EBITDA of the Borrower derived from any Person other than an MLP for the four Fiscal Quarter period most recently ended prior to the date of determination as set forth in clause (a) of the definition of “Consolidated EBITDA of the Borrower.”

3. Amendment Effectiveness. The effectiveness of this Amendment is subject to the satisfaction of the following conditions precedent:

(a) the Administrative Agent shall have received:

(i) an original counterpart of this Amendment, duly executed by the Borrower, the Administrative Agent, and the Majority Lenders;

(ii) a certificate signed by a Responsible Officer of the Borrower certifying that the representations and warranties of the Borrower set forth in Section 5 of this Amendment shall be true and correct; and

(iii) payment by the Borrower, for the account of each Lender that has returned an executed signature page to this Amendment to the Administrative Agent at or prior to 5:00 p.m., New York time on August 1, 2012, of an amendment fee in an amount equal to 0.15% of the principal amount of the Loans of such Lender then outstanding; and

 

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(b) the Borrower shall have paid all fees, charges and disbursements of counsel to the Administrative Agent to the extent invoiced at least one (1) day prior to the Amendment Effective Date, plus such additional amounts of such fees, charges and disbursements as shall constitute its reasonable estimate of such fees, charges and disbursements incurred or to be incurred by it through the Amendment Effective Date (provided that such estimate shall not thereafter preclude a final settling of accounts between the Borrower and the Administrative Agent).

The date on which such conditions have been satisfied (or waived) is referred to herein as the “Amendment Effective Date”.

4. Defined Terms. Each capitalized term not defined in this Amendment shall have the definition ascribed such term in the Existing Term Loan Agreement.

5. Representations and Warranties. The Borrower hereby represents and warrants to the Administrative Agent and each of the Lenders as follows:

(a) This Amendment has been duly authorized by all necessary limited partnership action and constitutes the binding obligation of the Borrower.

(b) Each Restricted Person has duly taken all action necessary to authorize the execution and delivery by it of this Amendment and to authorize the consummation of the transactions contemplated hereby and the performance of its obligations hereunder.

(c) The execution and delivery by the various Restricted Persons of this Amendment, the performance by each of its obligations hereunder, and the consummation of the transactions contemplated hereby, do not and will not (i) conflict with any provision of (A) any Law, (B) the organizational documents of the Borrower, any of its Subsidiaries or the General Partner, (C) any agreement governing material Indebtedness for borrowed money of the Restricted Persons or (D) any other material agreement, judgment, license, order or permit applicable to or binding upon the Borrower, any of its Restricted Subsidiaries or the General Partner, (ii) result in the acceleration of any material Indebtedness owed by the Borrower, any of its Restricted Subsidiaries or the General Partner, or (iii) result in or require the creation of any Lien upon any assets or properties of the Borrower, any of its Restricted Subsidiaries or the General Partner. No permit, consent, approval, authorization or order of, and no notice to or filing, registration or qualification with, any Tribunal or third party is required in connection with the execution, delivery or performance by any Restricted Person of this Amendment or to consummate any transactions contemplated hereby.

(d) After giving effect to this Amendment, no Default or Event of Default has occurred and is continuing.

(e) Since December 31, 2011, no event or circumstance has occurred that has had, or could reasonably be expected to have, a Material Adverse Effect.

6. Confirmation of Loan Documents. By its execution on the respective signature lines provided below, as of the Amendment Effective Date, each of the Restricted Persons hereby confirms and ratifies all of its obligations and the Liens granted by it under the Loan Documents (in each case, as amended hereby as of such date) to which it is a party, represents and warrants that the representations and warranties set forth in such Loan Documents are

 

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complete and correct in all material respects on the date hereof as if made on and as of such date, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be complete and correct in all material respects as of such specified earlier date and confirms that all references in such Loan Documents to the “Credit Agreement” (or words of similar import) refer to the Credit Agreement as amended hereby as of such date without impairing any such obligations or Liens in any respect.

7. Effect of Amendment. On and after the Amendment Effective Date, each reference to the Existing Term Loan Agreement in any Loan Document shall be deemed to be a reference to the Existing Term Loan Agreement, as amended by this Amendment. On and after the Amendment Effective Date, this Amendment shall constitute a “Loan Document” for all purposes of the Term Loan Agreement and the other Loan Documents. On and after the Amendment Effective Date, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Term Loan Agreement, shall, unless the context otherwise requires, mean the Term Loan Agreement.

8. Confidentiality. The parties hereto agree that all information received from the Borrower or any Subsidiary in connection with this Amendment shall be deemed to constitute Information, for purposes of Section 10.07 of the Credit Agreement, regardless of whether such information was clearly identified at the time of delivery as confidential.

9. Counterparts. This Amendment may be executed by all parties hereto in any number of separate counterparts each of which may be delivered in original, facsimile or other electronic (e.g., “.pdf”) form and all of such counterparts taken together constitute one instrument.

10. References. The words “hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbelow,” “hereof,” “hereunder” and words of similar import when used in this Amendment refer to this Amendment as a whole and not to any particular article, section or provision of this Amendment.

11. Headings Descriptive. The headings of the several sections of this Amendment are inserted for convenience only and do not in any way affect the meaning or construction of any provision of this Amendment.

12. Governing Law. This Amendment is governed by and will be construed in accordance with the law of the State of New York.

 

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13. Final Agreement of the Parties. THIS AMENDMENT, THE TERM LOAN AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.

[Signatures on following pages.]

 

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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be made, executed and delivered by their duly authorized officers as of the day and year first above written.

ENERGY TRANSFER EQUITY, L.P., on behalf of itself and as

the sole member of ETE GP ACQUIRER LLC,

the sole member of ETE SERVICES COMPANY, LLC,

the sole member of ETE NEWCO 1 LLC, on behalf of itself and as

the sole member of ETE NEWCO 2 LLC, on behalf of itself and as

the sole member of ETE NEWCO 3 LLC, on behalf of itself and as

the sole member of ETE NEWCO 4 LLC, on behalf of itself and as

the sole member of ETE NEWCO 5 LLC, on behalf of itself and as

the sole member of ETE NEWCO 6 LLC, on behalf of itself and as

the sole member of ETE NEWCO 7 LLC, on behalf of itself and as

the sole member of ETE NEWCO 8 LLC, on behalf of itself and as

the sole member of ETE NEWCO 9 LLC, on behalf of itself and as

the sole member of ETE NEWCO 10 LLC

 

By:   LE GP, LLC, its general partner
By:   /s/ John W. McReynolds
 

 

  John W. McReynolds
  President and Chief Financial Officer
ENERGY TRANSFER PARTNERS, L.L.C.
By:   /s/ Martin Salinas Jr.
 

 

  Martin Salinas Jr.
  Chief Financial Officer

 

REGENCY GP LLC, on behalf of itself and as

a member of REGENCY EMPLOYEES MANAGEMENT LLC,

the general partner of REGENCY GP LP, as

the sole member of REGENCY EMPLOYEES MANAGEMENT HOLDINGS LLC,

on behalf of itself and as a member of REGENCY EMPLOYEES MANAGEMENT LLC

By:   /s/ Michael J. Bradley
 

 

  Michael J. Bradley
  President and Chief Executive Officer

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent
By:   /s/ Doreen Barr
 

 

  Name: Doreen Barr
  Title: Director
By:   /s/ Michael Spaight
 

 

  Name: Michael Spaight
  Title: Associate

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


Unity National Bank, as a Lender
By:   /s/ Robert Lancaster
  Name: Robert Lancaster
  Title: Executive Vice President

 

Cedar Funding Ltd., as a Lender

By: AEGON USA Investment Management, LLC

By:   /s/ Maria Giannavola
  Name: Maria Giannavola
  Title: Associate Director

 

Malibu CBNA Loan Funding LLC, as a Lender
By:   /s/ Adam Kaiser
  Name: Adam Kaiser
  Title: Attorney-In-Fact

 

Galaxy VIII CLO, LTD, as a Lender

By: PineBridge Investments LLC

Its Collateral Manager

By:   /s/ Thomas Brandt
  Name: Thomas Brandt
  Title: Managing Director

 

Galaxy X CLO, LTD, as a Lender

By: PineBridge Investments LLC

Its Collateral Manager

By:   /s/ Thomas Brandt
  Name: Thomas Brandt
  Title: Managing Director

 

VALIDUS REINSURANCE LTD, as a Lender

By: PineBridge Investments LLC

Its Investment Manager

By:   /s/ Thomas Brandt
  Name: Thomas Brandt
  Title: Managing Director

 

ACAS CLO 2007-1, Ltd., by AMERICAN CAPITAL ASSET MANAGEMENT LLC, as a Lender
By:   /s/ Dana Dratch
  Name: Dana Dratch
  Title: Authorized Signatory

 

AMMC CLO IV, LIMITED, as a Lender
By: American Money Management Corp., as Collateral Manager
By:   /s/ Chester M. Eng
  Name: Chester M. Eng
  Title: Senior Vice President

 

AMMC CLO X, LIMITED, as a Lender
By: American Money Management Corp., as Collateral Manager
By:   /s/ Chester M. Eng
  Name: Chester M. Eng
  Title: Senior Vice President

 

Apollo Credit Senior Loan Fund, LP, as a Lender
By: Apollo Credit Advisors II, LLC, its general partner
By:   /s/ Joe Moroney
  Name: Joe Moroney
  Title: Vice President

 

DOUBLE HAUL TRADING, LLC, as a Lender
By: Suntrust Bank, its Manager
By:   /s/ Douglas Weltz
  Name: Douglas Weltz
  Title: Director

 

Falcon Senior Loan Fund Ltd., as a Lender
By: Stone Tower Fund Management LLC As Its Investment Manager
By:   /s/ Joe Moroney
  Name: Joe Moroney
  Title: Authorized Signatory

 

Gulf Stream – Compass CLO 2005-I, Ltd., as a Lender
By: Gulf Stream Asset Management LLC As Collateral Manager
By:   /s/ Joe Moroney
  Name: Joe Moroney
  Title: Vice President


Gulf Stream – Compass CLO 2007, Ltd., as a Lender
By: Gulf Stream Asset Management LLC As Collateral Manager
By:   /s/ Joe Moroney
  Name: Joe Moroney
  Title: Vice President

 

Gulf Stream – Sextant CLO 2007-1, Ltd., as a Lender
By: Gulf Stream Asset Management LLC As Collateral Manager
By:   /s/ Joe Moroney
  Name: Joe Moroney
  Title: Vice President

 

Gulf Stream – Sextant CLO 2006-1, Ltd., as a Lender
By: Gulf Stream Asset Management LLC As Collateral Manager
By:   /s/ Joe Moroney
  Name: Joe Moroney
  Title: Vice President

 

Gulf Stream – Rashinban CLO 2006-I, Ltd., as a Lender
By: Gulf Stream Asset Management LLC As Collateral Manager
By:   /s/ Joe Moroney
  Name: Joe Moroney
  Title: Vice President

 

LeverageSource V
S.A.R.L., as a Lender
By:   /s/ Laurent Ricci
  Name: Laurent Ricci
  Title: Class B Manager

 

By:   /s/ Joe Moroney
  Name: Joe Moroney
  Title: Class A Manager

 

LSR Loan Funding LLC, as a Lender
By: Citibank N.A.
By:   /s/ Maria Giannavola
  Name: Maria Giannavola
  Title: Associate Director

 

Neptune Finance CCS, Ltd., as a Lender
By: Gulf Stream Asset Management LLC As Collateral Manager
By:   /s/ Joe Moroney
  Name: Joe Moroney
  Title: Vice President

 

ARES ENHANCED LOAN INVESTMENT STRATEGY III, LTD.
By: ARES ENHANCED LOAN MANAGEMENT III, L.P., ITS PORTFOLIO MANAGER
By: ARES ENHANCED LOAN III GP, LLC, ITS GENERAL PARTNER
By:   /s/ John Leupp
  Name: John Leupp
  Title: Authorized Signatory

 

ARES VIR CLO Ltd.
By:  

Ares CLO Management VIR,

L.P., its Investment Manager

By:   Ares CLO GP VIR, LLC, its General Partner
By:   /s/ Americo Cascella
  Name: Americo Cascella

 

ARES XI CLO LTD.
By:  

Ares CLO Management XI,

L.P., its Asset Manager

By:   Ares CLO GP XI, LLC, its General Partner
By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES XII CLO LTD.
By:  

Ares CLO Management XII,

L.P., its Asset Manager

By:   Ares CLO GP XII, LLC, its General Partner
By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES NF CLO XIV LTD
By:  

Ares NF CLO XIV

Management L.P., its Collateral Manager

By:  

Ares NF CLO XIV

Management LLC, its General Partner

By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


ARES NF CLO XV Ltd.
By:   Ares NF CLO XV Management L.P., its Collateral Manager
By:   Ares NF CLO XV Management LLC, its General Partner
By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES XVI CLO LTD.
By:   Ares CLO Management XVI L.P., its Asset Manager
By:   Ares CLO GP XVI, LLC, its General Partner
By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES XXI CLO LTD.
By:   Ares CLO Management XXI, L.P., its Investment Manager
By:   Ares CLO GP XXI, LLC, its General Partner
By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES XXIII CLO LTD.
By:   Ares CLO Management XXIII, L.P., its Asset Manager
By:   Ares CLO GP XXIII, LLC, its General Partner
By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES SENIOR LOAN TRUST
By:   Ares Senior Loan Trust Management L.P., its Investment Manager
By:   Ares Senior Loan Trust Management, LLC, its General Partner
By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES STRATEGIC INVESTMENT PARTNERS LTD.
By:   Ares Strategic Investment Management LLC, as Investment Manager
By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

FUTURE FUND BOARD OF GUARDIANS
By:   Ares Enhanced Loan Investment Strategy Advisor IV, L.P., its Investment Manager (on behalf of The ASIP II Sub-Account)
By:   Ares Enhanced Loan Investment Strategy Advisor IV GP, LLC, its General Partner
By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES STRATEGIC INVESTMENT PARTNERS III, L.P.
By:   Ares Strategic Investment GP III, LLC, as General Partner
By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES ENHANCED CREDIT OPPORTUNITIES FUND LTD.
By:   Ares Enhanced Credit Opportunities Fund Management, L.P., its Manager
By:   Ares Enhanced Credit Opportunities Fund Management GP, LLC, as General Partner
By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES ENHANCED CREDIT OPPORTUNITIES FUND II, LTD.
By:   Ares Enhanced Credit Opportunities Investment Management II, LLC, its Manager
By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


ARES ENHANCED LOAN

INVESTMENT STRATEGY IR

LTD.

By:  

Ares Enhanced Loan

Management IR, L.P. as

Portfolio Manager

By:  

Ares Enhanced Loan IR GP,

LLC, its General Partner

By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES ENHANCED LOAN

INVESTMENT STRATEGY II,

LTD.

By:  

Ares Enhanced Loan

Management II, L.P., its

Portfolio Manager

By:  

Ares Enhanced Loan II GP,

LLC, its General Partner

By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES ENHANCED LOAN

MANAGEMENT III, L.P., its

Portfolio Manager

By:  

Ares Enhanced Loan III GP,

LLC, its General Partner

By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

WELLPOINT, INC.
By:  

Ares WLP Management,

L.P., its Investment Manager

By:  

Ares WLP Management GP,

LLC, its General Partner

By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

FUTURE FUND BOARD OF

GUARDIANS

By:  

Ares Enhanced Loan

Investment Strategy Advisor

IV, L.P., its Investment

Manager (on behalf of The

Elis IV Sub Account)

By:  

Ares Enhanced Loan

Investment Strategy Advisor

IV GP, LLC, its General

Partner

By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

COMMUNITY INSURANCE

COMPANY

By:  

Ares WLP Management,

L.P., its Investment Manager

By:  

Ares WLP Management GP,

LLC, its General Partner

By:   /s/ Americo Cascella
  Name: Americo Cascella
  Title: Authorized Signatory

 

ARES INSTITUTIONAL LOAN

FUND B.V.

By:  

Ares Management Limited,

as Manager

By:   /s/ John Leupp
  Name: John Leupp
  Title: Authorized Signatory

 

SEI INSTITUTIONAL

INVESTMENTS TRUST

ENHANCED LIBOR

OPPORTUNITIES FUND

By:  

Ares Management LLC, as

Portfolio Manager

By:   /s/ John Leupp
  Name: John Leupp
  Title: Authorized Signatory

 

SEI INSTITUTIONAL

MANAGED TRUST

ENHANCED INCOME FUND

By:  

Ares Management LLC, as

Portfolio Manager

By:   /s/ John Leupp
  Name: John Leupp
  Title: Authorized Signatory

 

AVENUE CLO III, LTD., as a

Lender

By:   /s/ Sriram Balakrishnan
  Name: Sriram Balakrishnan
  Title: Portfolio Manager

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


BABSON CLO LTD. 2005-I

BABSON CLO LTD. 2005-III

BABSON CLO LTD. 2006-II

BABSON CLO LTD. 2007-I

BABSON MID-MARKET CLO

LTD. 2007-II

BABSON CLO LTD. 2011-I

BABSON CLO LTD. 2012-II

CLEAR LAKE CLO, LTD.

SAPPHIRE VALLEY COO I.

LTD.

ST. JAMES RIVER CLO, LTD.,

as Lenders

By: Babson Capital Management

LLC as Collateral Manager

By:   /s/ Andrew Mees
  Name: Andrew Mees
  Title: Director

 

MASSACHUSETTS MUTUAL

LIFE INSURANCE COMPANY

C.M. LIFE INSURANCE COMPANY,

as Lenders

By: Babson Capital Management

LLC as Investment Adviser

By:   /s/ Andrew Mees
  Name: Andrew Mees
  Title: Director

 

DIAMOND LAKE CLO, LTD.,
as a Lender

By: Babson Capital Management

LLC as Collateral Servicer

By:   /s/ Andrew Mees
  Name: Andrew Mees
  Title: Director

 

JFIN CLO 2007 LTD.
as a Lender

By: Jefferies Finance LLC as

Collateral Manager

By:   /s/ Charlie J. Franklin
  Name: Charlie J. Franklin
  Title: Closing Manager

 

NETT LOAN FUND LTD.,
as a Lender

By: Babson Capital Management

LLC as Portfolio Manager

By:   /s/ Andrew Mees
  Name: Andrew Mees
  Title: Director

 

Race Point III CLO,
as a Lender

By: Sankaty Advisors, LLC as

Collateral Manager

By:   /s/ Andrew S. Viens
  Name: Andrew S. Viens
  Title: Sr. Vice President of
  Operations

 

Race Point IV CLO,
as a Lender

By: Sankaty Advisors, LLC as

Collateral Manager

By:   /s/ Andrew S. Viens
  Name: Andrew S. Viens
  Title: Sr. Vice President of
  Operations

 

Nash Point CLO,
as a Lender

By: Sankaty Advisors, LLC as

Collateral Manager

By:   /s/ Andrew S. Viens
  Name: Andrew S. Viens
  Title: Sr. Vice President of
  Operations

 

Sankaty Senior Loan Fund, L.P.,
as a Lender
By:   /s/ Andrew S. Viens
  Name: Andrew S. Viens
  Title: Sr. Vice President of
  Operations

 

Bank of America, N.A.,
as a Lender
By:   /s/ Erik S. Grossman
  Name: Erik S. Grossman
  Title: Vice President

 

Evergreen CBNA Loan Funding LLC,
as a Lender
By:   /s/ Adam Kaiser
  Name: Adam Kaiser
  Title: Attorney-in-Fact

 

Cortina Funding LLC,
as a Lender
By:   /s/ Richard Taylor
  Name: Richard Taylor
  Title: Authorized Signatory

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


BNP Paribas, as a Lender
By:   /s/ Chris Tice
  Name: Chris Tice
  Title: MP

 

BATTALION CLO 2007-I LTD., as a Lender

By: BRIGADE CAPITAL

MANAGEMENT LLC As

Collateral Manager

By:   /s/ Peter Park
  Name: Peter Park
  Title: Associate

 

CATERPILLAR FINANCIAL SERVICES CORPORATION, as a Lender
By:   /s/ Charles C. Shupe, III
  Name: Charles C. Shupe, III
  Title: Credit Manager

 

CANARAS SUMMIT CLO LTD

By: Canaras Capital Management LLC

As Sub-Investment Adviser, as a Lender

By:   /s/ Richard J. Vratanina
  Name: Richard J. Vratanina
  Title: Authorized Signatory

 

Green Island CBNA Loan

Funding, as a Lender

By: Citibank N.A.
By:   /s/ Lynette Thompson
  Name: Lynette Thompson
  Title: Director

 

Carlyle Global Market Strategies CLO 2012-2, Ltd., as a Lender
By:   /s/ Glori Graziano
  Name: Glori Graziano
  Title: Managing Director

 

Carlyle Bristol CLO, Ltd., as a Lender
By:   /s/ Glori Graziano
  Name: Glori Graziano
  Title: Managing Director

 

Carlyle Daytona CLO, Ltd., as a Lender
By:   /s/ Glori Graziano
  Name: Glori Graziano
  Title: Managing Director

 

Carlyle Global Market Strategies

CLO 2012-1, Ltd., as a Lender

By:   /s/ Glori Graziano
  Name: Glori Graziano
  Title: Managing Director

 

Carlyle McLaren CLO, Ltd., as a Lender
By:   /s/ Glori Graziano
  Name: Glori Graziano
  Title: Managing Director

 

Carlyle Veyron CLO, Ltd., as a Lender
By:   /s/ Glori Graziano
  Name: Glori Graziano
  Title: Managing Director

 

Foothill CLO I, Ltd., as a Lender
By:   /s/ Glori Graziano
  Name: Glori Graziano
  Title: Managing Director

 

Mountain Capital CLO VI Ltd., as a Lender
By:   /s/ Glori Graziano
  Name: Glori Graziano
  Title: Managing Director

 

Mountain Capital CLO V Ltd., as a Lender
By:   /s/ Glori Graziano
  Name: Glori Graziano
  Title: Managing Director

 

LMP Corporate Loan Fund, Inc.

By: Citi Alternative Investments

LLC, as a Lender

By:   /s/ Roger Yee
  Name: Roger Yee
  Title: VP

 

REGATTA FUNDING LTD.

By: Citi Alternative Investments

LLC, attorney-in-fact             , as a Lender

By:   /s/ Roger Yee
  Name: Roger Yee
  Title: VP

 

Citibank N.A., as a Lender
By:   /s/ Brian Blessing
  Name: Brian Blessing
  Title: Attorney-In-Fact

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


DUANE STREET CLO II, LTD.

By: Citigroup Alternative Investments LLC,

As Collateral Manager, as a Lender

By:   /s/ Roger Yee
  Name: Roger Yee
  Title: VP

 

DUANE STREET CLO III,

LTD.

By: Citigroup Alternative Investments LLC,

As Collateral Manager, as a Lender

By:   /s/ Roger Yee
  Name: Roger Yee
  Title: VP

 

DUANE STREET CLO IV,

LTD.

By: Citigroup Alternative

Investments LLC,

As Collateral Manager,

as a Lender

By:   /s/ Roger Yee
  Name: Roger Yee
  Title: VP

 

Cent CDO 12 Limited, as a

Lender

By: Columbia Management

Investment Advisers, LLC,

As Collateral Manager

By:   /s/ Robin C. Stancil
  Name: Robin C. Stancil
 

Title: Assistant Vice

President

 

Cent CDO 14 Limited, as a Lender

By: Columbia Management

Investment Advisers, LLC,

As Collateral Manager

By:   /s/ Robin C. Stancil
  Name: Robin C. Stancil
 

Title: Assistant Vice

President

 

Cent CDO XI Limited, as a

Lender

By: Columbia Management

Investment Advisers, LLC,

As Collateral Manager

By:   /s/ Robin C. Stancil
  Name: Robin C. Stancil
 

Title: Assistant Vice

President

 

Cent CDO 15 Limited, as a

Lender

By: Columbia Management

Investment Advisers, LLC,

As Collateral Manager

By:   /s/ Robin C. Stancil
  Name: Robin C. Stancil
 

Title: Assistant Vice

President

 

Centurion CDO 9 Limited, as a

Lender

By: Columbia Management

Investment Advisers, LLC,

As Collateral Manager

By:   /s/ Robin C. Stancil
  Name: Robin C. Stancil
 

Title: Assistant Vice

President

 

Columbia Floating Rate Fund, a

series of Columbia Funds Series

Trust II, as a Lender

By:   /s/ Robin C. Stancil
  Name: Robin C. Stancil
 

Title: Assistant Vice

President

 

Columbia Strategic Income

Fund, a series of Columbia Funds

Series Trust I, as a Lender

By:   /s/ Robin C. Stancil
  Name: Robin C. Stancil
  Title: Authorized Signatory

 

Columbia Variable Portfolio—

Strategic Income Fund, a series

of Columbia Funds Variable

Insurance Trust, as a Lender

By:   /s/ Robin C. Stancil
  Name: Robin C. Stancil
  Title: Authorized Signatory

 

RiverSource Life Insurance

Company, as a Lender

By:   /s/ Robin C. Stancil
  Name: Robin C. Stancil
  Title: Authorized Signatory

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


Bridgeport CLO Ltd.

Bridgeport CLO II Ltd.

Burr Ridge CLO Plus Ltd.

Schiller Park CLO Ltd.

By: Deerfield Capital

Management LLC, its Collateral

Manager

By:   /s/ Stephen J. Vaccaro
  Name: Stephen J. Vaccaro
  Title: Authorized Signatory

 

CIFC Funding 2006-I, Ltd.

CIFC Funding 2006-IB, Ltd.

CIFC Funding 2006-II, Ltd.

CIFC Funding 2007-I, Ltd.

CIFC Funding 2007-II, Ltd.

CIFC Funding 2007-III, Ltd.

CIFC Funding 2007-IV, Ltd.

CIFC Funding 2011-I, Ltd.

CIFC Funding 2012-I, Ltd.

By: CIFC Asset Management

LLC, its Collateral Manager

By:   /s/ Stephen J. Vaccaro
  Name: Stephen J. Vaccaro
  Title: Authorized Signatory

 

CIFC Warehouse I Ltd.

By: CIFC Asset Management LLC,

its Collateral Manager

By:   /s/ Rob Milton
  Name: Rob Milton
  Title: Authorized Signatory

 

ColumbusNova CLO Ltd. 2006-I

ColumbusNova CLO Ltd. 2006-II

ColumbusNova CLO Ltd. 2007-I

ColumbusNova CLO IV Ltd. 2007-II

By: Columbus Nova Credit

Investments Management, LLC, its

Collateral Manager

By:   /s/ Stephen J. Vaccaro
  Name: Stephen J. Vaccaro
  Title: Authorized Signatory

 

Hewett’s Island CLO V, Ltd.

Hewett’s Island CLO VI, Ltd.

By: CypressTree Investment

Management, LLC, its Collateral Manager

By:   /s/ Stephen J. Vaccaro
  Name: Stephen J. Vaccaro
  Title: Authorized Signatory

 

Primus CLO II, Ltd.

By: CypressTree Investment

Management, LLC, its Subadviser

By:   /s/ Stephen J. Vaccaro
  Name: Stephen J. Vaccaro
  Title: Authorized Signatory

 

CREDIT SUISSE LOAN

FUNDING LLC, as a Lender

By:   /s/ Barry Zamore
  Name: Barry Zamore
  Title: Managing Director
By:   /s/ Robert Healey
  Name: Robert Healey
  Title: Authorized Signatory

 

ATLAS SENIOR LOAN FUND, LTD.
By: Crescent Capital Group LP, its adviser
By:   /s/ Jonathan R. Insull
  Name: Jonathan R. Insull
  Title: Managing Director
By:   /s/ John Hwang
  Name: John Hwang
  Title: Vice President

 

VITESSE CLO LTD.
By: TCW-WLA JV Venture LLC, its sub-adviser
By:   /s/ Jonathan R. Insull
  Name: Jonathan R. Insull
  Title: Managing Director
By:   /s/ John Hwang
  Name: John Hwang
  Title: Vice President

 

ATRIUM V
By: Credit Suisse Asset Management, LLC, as collateral manager, as a Lender             , as a Lender
By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


AUSTRALIANSUPER
By: Credit Suisse Asset Management, LLC, as sub-advisor to [illegible] Asset Management Pty Ltd. in the capacity as agent of and investment manager for AustralianSuper Pty Ltd. in its capacity as trustee of AustralianSuper, as a Lender
By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

Bentham Wholesale Syndicated

Loan Fund

By: Credit Suisse Asset Management, LLC, as Agent (Sub-advisor) to Challenger Investment Services Limited, the Responsible Entity for Bentham Wholesale Syndicated Loan Fund, as a Lender
By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

By: Credit Suisse Asset

Management, LLC, as investment advisor

IHC Health Services Inc., as a Lender
By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

Credit Suisse Asset Management,

LLC, as portfolio manager

Madison Park Funding IX, as a Lender
By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

Madison Park Funding V, Ltd.

By: Credit Suisse Asset

Management, LLC, as collateral manager             , as a Lender

By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

Madison Park Funding VI, Ltd.

By: Credit Suisse Asset

Management, LLC, as collateral manager             , as a Lender

By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

Madison Park Funding III, Ltd.

By: Credit Suisse Asset

Management, LLC, as collateral

manager             , as a Lender

By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

Madison Park Funding IV, Inc.

By: Credit Suisse Asset

Management, LLC, as collateral manager             , as a Lender

By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

Credit Suisse Asset Management, LLC

California State Teachers

Retirement System, as a Lender

By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

Credit Suisse Asset Management,

LLC, as investment advisor

 

IHC Pension Plan Directed Trust,

as a Lender

By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

Credit Suisse Asset Management, as portfolio manager

Madison Park Funding VIII, as a Lender

By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


APIDOS CLO IX, as a Lender
By: Its Collateral Manager CVC
Credit Partners, LLC
By:   /s/ Gretchen Bergstresser
  Name: Gretchen Bergstresser
  Title: Sr. MD & Sr. PM

1199 SEIU Health Care

Employees Pension Fund

By: Seix Investment Advisors

LLC, as Investment Manager

Anthem Health Plans, Inc.

By: Seix Investment Advisors

LLC, as Investment Manager

Baker Street Funding CLO

2005-1 Ltd.

By: Seix Investment Advisors

LLC, as Collateral Manager

Baker Street CLO II Ltd.

By: Seix Investment Advisors

LLC, as Collateral Manager

Baptist Health South Florida, Inc.

By: Seix Investment Advisors

LLC, as Advisor

Berea College

By: Seix Investment Advisors

LLC, as Investment Manager

Blue Cross of Idaho Health

Service, Inc.

By: Seix Investment Advisors

LLC, as Investment Manager

HC Capital Trust—The Fixed

Income Opportunity Portfolio

By: Seix Investment Advisors

LLC, as Portfolio Manager

Mountain View Funding CLO

2006-I, Ltd.

By: Seix Investment Advisors

LLC, as Collateral Manager

Mountain View CLO II Ltd.

By: Seix Investment Advisors

LLC, as Collateral Manager

Mountain View CLO III Ltd.

By: Seix Investment Advisors

LLC, as Collateral Manager

RidgeWorth Funds – High

Income Fund

By: Seix Investment Advisors

LLC, as Subadviser

RidgeWorth Funds—Seix

Floating Rate High Income Fund

By: Seix Investment Advisors

LLC, as Subadviser

RidgeWorth Funds—Seix

High Yield Fund

By: Seix Investment Advisors

LLC, as Subadviser

RidgeWorth Funds – Total

Return Bond Fund

By: Seix Investment Advisors

LLC, as Subadviser

Rochdale Fixed Income

Opportunities Portfolio

By: Seix Investment Advisors

LLC, as Subadviser

Seix Credit Opportunities Fund

Financing 1, Ltd.

By: Seix Investment Advisors

LLC, as Investment Manager

Seix Multi-Sector Absolute

Return Fund L.P.

By: Seix Multi-Sector Absolute

Return Fund GP LLC, in its

capacity as sole general partner

By: Seix Investment Advisors

LLC, its sole member

University of Rochester

By: Seix Investment Advisors

LLC, as Adviser

as Lenders
By:   /s/ George Goudelias
  Name: George Goudelias
  Title: Managing Director

Delaware Group Advisor Funds-

Delaware Diversified Income

Fund, as Lender

By:   /s/ Adam Brown
  Name: Adam Brown
  Title: Vice President

Delaware VIP Trust – Delaware

VIP Diversified Income Series, as a Lender

By:   /s/ Adam Brown
  Name: Adam Brown
  Title: Vice President

Optimum Trust—Optimum

Fixed Income Fund, as a Lender

By:   /s/ Adam Brown
  Name: Adam Brown
  Title: Vice President

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


As a Lender:

 

DWS Floating Rate Fund

By: Deutsche Investment Management

Americas, Inc.

Investment Advisor

By:   /s/ Eric S. Meyer
 

Eric S. Meyer, Managing

Director

By:   /s/ Antonio V. Versaci
  Name: Antonio V. Versaci
  Title: Director

 

As a Lender:

 

Flagship CLO VI

By: Deutsche Investment Management

Americas, Inc.

As Collateral Manager

 

By:   /s/ Eric S. Meyer
 

Eric S. Meyer, Managing

Director

 

By:   /s/ Antonio V. Versaci
  Name: Antonio V. Versaci
  Title: Director

 

Doral CLO I Ltd, Doral CLO II,

Ltd, and Doral Money, Inc.,

as Lender

By:   /s/ Dennis Talley
  Name: Dennis Talley
  Title: Managing Director

 

East West Bank, as a Lender
By:   /s/ Andrew Maria
  Name: Andrew Maria
  Title: Vice President

 

AGF Floating Rate

Income Fund, as a Lender

By: Eaton Vance Management as

Portfolio Manager

By   : /s/ Michael Botthof
  Name: Michael Botthof
  Title: Vice President

 

Eaton Vance CDO VII PLC,

as a Lender

By: Eaton Vance Management as

Interim Investment Advisor

By:   /s/ Michael Botthof
  Name: Michael Botthof
  Title: Vice President

 

Eaton Vance CDO VIII,

Ltd, as a Lender

By: Eaton Vance Management as

Investment Advisor

By:   /s/ Michael Botthof
 

Name: Michael Botthof

Title: Vice President

 

Eaton Vance Institutional

Senior Loan Fund, as a Lender

By: Eaton Vance Management as

Investment Advisor

By:   /s/ Michael Botthof
  Name: Michael Botthof
  Title: Vice President

 

Eaton Vance Limited

Duration Income Fund, as a Lender

By: Eaton Vance Management as

Investment Advisor

By:   /s/ Michael Botthof
 

Name: Michael Botthof

Title: Vice President

 

Eaton Vance Floating-Rate

Income Trust, as a Lender

By: Eaton Vance Management as

Investment Advisor

 
By:   /s/ Michael Botthof
  Name: Michael Botthof
  Title: Vice President

 

Eaton Vance Short Duration

Diversified Income Fund, as a Lender

By: Eaton Vance Management as

Investment Advisor

By:   /s/ Michael Botthof
  Name: Michael Botthof
  Title: Vice President

 

Eaton Vance Senior

Floating-Rate Trust, as a Lender

By: Eaton Vance Management as

Investment Advisor

By:   /s/ Michael Botthof
  Name: Michael Botthof
  Title: Vice President

 

Eaton Vance Senior

Income Trust, as a Lender

By: Eaton Vance Management as Investment Advisor
By:   /s/ Michael Botthof
 

Name: Michael Botthof

Title: Vice President

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


Eaton Vance VT Floating-Rate

Income Fund, as a Lender

By: Eaton Vance Management as

Investment Advisor

By:   /s/ Michael Botthof
 

Name: Michael Botthof

Title: Vice President

 

Eaton Vance CDO IX Ltd., as a Lender

By: Eaton Vance Management as

Investment Advisor

By:   /s/ Michael Botthof
 

Name: Michael Botthof

Title: Vice President

 

Eaton Vance CDO X PLC, as a

Lender

By: Eaton Vance Management as

Investment Advisor

By:   /s/ Michael Botthof
 

Name: Michael Botthof

Title: Vice President

 

Eaton Vance International

(Cayman Islands) Floating-Rate

Income Portfolio, as a Lender

By: Eaton Vance Management as Investment Advisor

By:   /s/ Michael Botthof
 

Name: Michael Botthof

Title: Vice President

 

Grayson & Co, as a Lender

By: Boston Management and

Research as Investment Advisor

By:   /s/ Michael Botthof
 

Name: Michael Botthof

Title: Vice President

 

MET Investors Series Trust

-Met/Eaton Vance Floating Rate

Portfolio, as a Lender

By: Eaton Vance Management as

Investment Sub-Advisor

By:   /s/ Michael Botthof
 

Name: Michael Botthof

Title: Vice President

 

Pacific Life Funds-PL

Floating Rate Loan Fund, as a Lender

By: Eaton Vance Management as

Investment Sub-Advisor

By:   /s/ Michael Botthof
 

Name: Michael Botthof

Title: Vice President

 

Pacific Select Fund Floating

Rate Loan Portfolio, as a Lender

By: Eaton Vance Management as

Investment Sub-Advisor

By:   /s/ Michael Botthof
 

Name: Michael Botthof

Title: Vice President

 

Senior Debt Portfolio, as a Lender

By: Boston Management and Research as

Investment Advisor

By:   /s/ Michael Botthof
 

Name: Michael Botthof

Title: Vice President

 

Wells Capital Management Inc.

on behalf of a/c 83292600 (WFA

Income Opportunities), as a Lender

By:   /s/ Phil Susser
 

Name: Phil Susser

Title: Portfolio Manager

 

Wells Capital Management Inc.

on behalf of a/c 83294500, as a Lender

By:   /s/ Phil Susser
 

Name: Phil Susser

Title: Portfolio Manager

 

Wells Capital Management Inc.

on behalf of a/c 83294700 (WFA

Util High Income Fund), as a Lender

By:   /s/ Phil Susser
 

Name: Phil Susser

Title: Portfolio Manager

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


Federated Bank Loan Core Fund,

as a Lender

By:   /s/ B. Anthony Delserone, Jr.
  Name: B. Anthony Delserone, Jr.
  Title: Vice President

 

Advance Series Trust – AST FI

Pyramis Asset

Allocation Portfolio, by: Pyramis Global

Advisors LLC as Investment

Manager, as a Lender

By:   /s/ Susanne Riche
  Name: Susanne Riche
  Title: Director

 

Ballyrock CLO 2006-1 Limited,

By: Ballyrock

Investment Advisors LLC, as

Collateral

Manager, as a Lender

By:   /s/ Lisa Rymut
  Name: Lisa Rymut
  Title: Assistant Treasurer

 

Ballyrock CLO 2006-2 Limited,

By: Ballyrock

Investment Advisors LLC, as

Collateral

Manager, as a Lender

By:   /s/ Lisa Rymut
  Name: Lisa Rymut
  Title: Assistant Treasurer

 

Ballyrock CLO III Limited,

By: Ballyrock

Investment Advisors LLC, as

Collateral

Manager, as a Lender

By:   /s/ Lisa Rymut
  Name: Lisa Rymut
  Title: Assistant Treasurer

 

Fidelity Advisors Series I:

Fidelity Advisors

Floating Rate High Income

Fund, as a Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Authorized Signatory

 

Fidelity Advisors Series I:

Fidelity Advisors High

Income Fund, as a Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Deputy Treasurer

 

Fidelity Advisors Series II:

Fidelity Advisors

Strategic Income Fund, as a

Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Deputy Treasurer

 

Fidelity Central Investment

Portfolios LLC:

Fidelity Floating Rate Central

Fund, as a Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Deputy Treasurer

 

Fidelity Central Investment

Portfolios LLC:

Fidelity Specialized High

Income Central Fund, as a Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Deputy Treasurer

 

Fidelity Central Investment

Portfolios LLC:

Fidelity High Income Central

Fund 1, as a Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Deputy Treasurer

 

Fidelity Income Fund:

Fidelity

Total Bond Fund, as a Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Deputy Treasurer

 

Fidelity School Street Trust:

Fidelity Strategic

Income Fund, as a Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Deputy Treasurer

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


Fidelity Summer Street Trust:

Fidelity Focused

High Income Fund, as a Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Deputy Treasurer

 

Fidelity Floating Rate High

Income Investment Trust, for

Fidelity Investments Canada

ULC as Trustee of Fidelity

Floating Rate High Income

Investment Trust, as a Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Deputy Treasurer

 

Fidelity Summer Street Trust:

Fidelity Series Floating Rate

High Income Fund, as a Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Deputy Treasurer

 

Illinois Municipal Retirement

Fund, By: Pyramis Global

Advisors Trust Company, as

Investment Manager Under

Power of Attorney, as a Lender

By:   /s/ Susanne Riche
  Name: Susanne Riche
  Title: Director

 

Pyramis Floating Rate High

Income Commingled Pool, By:

Pyramis Global Advisors Trust

Company as Trustee, as a Lender

By:   /s/ Susanne Riche
  Name: Susanne Riche
  Title: Director

 

Pyramis High Yield Bond

Commingled Pool, By: Pyramis

Global Advisors Trust Company

as Trustee, as a Lender

By:   /s/ Susanne Riche
  Name: Susanne Riche
  Title: Director

 

Variable Insurance Products

Fund V: Strategic Income

Portfolio, as a Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Deputy Treasurer

 

Variable Insurance Products

Fund: High Income Portfolio, as

a Lender

By:   /s/ Joe Zambello
  Name: Joe Zambello
  Title: Deputy Treasurer

 

Fifth Third Bank, as a Lender
By:   /s/ Janice Baughman
  Name: Janice Baughman
  Title: Vice President

 

Fountain Court Master

Fund, as a Lender

By:   /s/ Adam Brown
  Name: Adam Brown
  Title: Vice President

 

Macquarie / First Trust Global

Infrastructure / Utilities

Dividend & Income Fund, as a Lender

By:   /s/ Adam Brown
  Name: Adam Brown
  Title: Vice President

 

Four Corners CLO

2005-I, Ltd., as a Lender

By:   /s/ Adam Brown
  Name: Adam Brown
  Title: Vice President

 

FRANKLIN CLO V, LTD., as a Lender
By:   /s/ David Ardini
 

Name: David Ardini, Franklin

Advisers, Inc. as Collateral Manager

  Title: Vice President

 

COA Caerus CLO Ltd., as

Lender, as a Lender

By: FS COA Management LLC, as

Portfolio Manager

By:   /s/ David Nadeau
  Name: David Nadeau
  Title: Partner

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


Fraser Sullivan CLO II,

Ltd., as Lender, as a Lender

By: WCAS Fraser Sullivan Investment Management, LLC, as Collateral Manager

By:   /s/ David Nadeau
  Name: David Nadeau
  Title: Partner

 

Fraser Sullivan CLO VII

Ltd., as a Lender

By: FS COA Management, LLC, as Portfolio Manager

By:   /s/ David Nadeau
  Name: David Nadeau
  Title: Partner

 

Fraser Sullivan CLO V

Ltd., as Lender, as a Lender

By: WCAS Fraser Sullivan Investment Management, LLC, as Portfolio Manager

By:   /s/ David Nadeau
  Name: David Nadeau
  Title: Partner

 

Fraser Sullivan CLO VI,

Ltd., as a Lender

By: FS COA Management, LLC,

as Portfolio Manager

By:   /s/ David Nadeau
  Name: David Nadeau
  Title: Partner

 

FSC VII LOAN FUNDING

(CBNA) LLC, as a Lender

By: Citibank, N.A.

By:   /s/ Tina Tran
  Name: Tina Tran
  Title: Associate Director

 

Global Leveraged Capital Credit

Opportunity Fund I

By, Global Leveraged Capital

Management, LLC, as a Lender

By:   /s/ Michael Ferris
  Name: Michael Ferris
  Title: Managing Director

 

ABS Loans 2007 Limited, a

subsidiary of Goldman Sachs

Institutional Funds II PLC,

as a Lender

By:   /s/ Sheenagh Carroll
  Title: Authorised Signatory
By:   /s/ Sinead Murphy
  Name: Sinead Murphy
  Title: Authorised Signatory

 

Argo Re Ltd.

by Goldman Sachs Asset

Management, L.P. solely

as its investment manager and not

as principal, as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

Factory Mutual Insurance

Company

by Goldman Sachs Asset

Management, L.P. solely

as its investment manager and not

as principal,

as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

First Plaza Group Trust II

by Goldman Sachs Asset Management, L.P. solely

as its investment manager and not as principal,

as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

GOLDMAN SACHS ASSET MANAGEMENT

CLO, PUBLIC LIMITED COMPANY

By: Goldman Sachs Asset Manager, L.P., as

Manager,

as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


Goldman Sachs Collective Trust

High Yield

Implementation Vehicle by The

Goldman Sachs Trust Company, NA,

as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

Goldman Sachs Trust on behalf of

the Goldman Sachs High Yield Fund

by Goldman Sachs Asset

Management, L.P. as investment advisor,

as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

Goldman Sachs Strategic Income

Fund by The Goldman Sachs Trust

Company, NA,

as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

Goldman Sachs Trust on behalf of

the Goldman Sachs High Yield

Floating Rate Fund

by Goldman Sachs Asset

Management, L.P. as

investment advisor and not as principal,

as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

Lyondell Master Trust

by Goldman Sachs Asset

Management, L.P. solely

as its investment advisor and not as

principal,

as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

MeadWestvaco Corporation

Master Retirement Trust

by Goldman Sachs Asset

Management, L.P. solely

as its investment advisor and not as principal,

as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

Northrop Grumman Pension

Master Trust

by Goldman Sachs Asset

Management, L.P. solely

as its investment advisor and not as principal,

as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

The Regents of the University of

California

by Goldman Sachs Asset

Management, L.P. solely

as its investment advisor and not as principal,

as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

Torus Insurance Holdings Limited

by Goldman Sachs Asset

Management, L.P. solely

as its investment advisor and not as principal,

as a Lender

By:   /s/ Kaidi Huang
  Name: Kaidi Huang
  Title: VP

 

Golub Capital Senior Loan Opportunity Fund, Ltd., as a Lender
By:   GC Advisors LLC, as agent
By:   /s/ Michael C. Loehrke
  Name: Michael C. Loehrke
  Title: Authorized Signatory

 

Golub Capital Management CLO 2007-1, Ltd., as a Lender
By:   Golub Capital LLC, as Collateral Manager
By:   /s/ Michael C. Loehrke
  Name: Michael C. Loehrke
  Title: Authorized Signatory

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


Golub Capital Funding CL0-8,

Ltd., as a Lender

By: Golub Capital Partners Management Ltd., as Collateral Manager

By:   /s/ Michael C. Loehrke
  Name: Michael C. Loehrke
  Title: Authorized Signatory

 

Golub Capital Partners CLO 10,

Ltd., as a Lender

By: GC Advisors LLC, its agent

By:   /s/ Michael C. Loehrke
  Name: Michael C. Loehrke
  Title: Authorized Signatory

 

Golub Capital Partners CLO 11,

Ltd., as a Lender

By: GC Advisors LLC, as agent

By:   /s/ Michael C. Loehrke
  Name: Michael C. Loehrke
  Title: Authorized Signatory

 

Golub Capital Partners CLO 12,

Ltd., as a Lender

By:   GC Advisors LLC, as agent
By:   /s/ Michael C. Loehrke
  Name: Michael C. Loehrke
  Title: Authorized Signatory

 

Benjamin Loan Funding

LLC, as a Lender

By:   Citibank N.A.
By:   /s/ Tina Tran
  Name: Tina Tran
  Title: Associate Director

 

BLACKSTONE / GSO

SECURED TRUST LTD

By: GSO / Blackstone Debt Funds Management

LLC as Investment Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

BLACKSTONE / GSO SENIOR

FLOATING

RATE TERM FUND

By: GSO / Blackstone Debt Funds Management

LLC as Investment Adviser, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

CALLIDUS DEBT PARTNERS

CLO FUND V,

LTD

By: GSO / Blackstone Debt Funds Management

LLC as Collateral Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

CALLIDUS DEBT PARTNERS

CLO FUND VI,

LTD.

By: OSO / Blackstone Debt Funds Management

LLC as Collateral Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

CALLIDUS DEBT PARTNERS

CLO FUND

VII, LTD.

By: GSO / Blackstone Debt Funds Management

LLC as Collateral Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

CENTRAL PARK CLO, LTD.

By: GSO / Blackstone Debt Funds Management

LLC as Collateral Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

CHELSEA PARK CLO LTD.

By: GSO/BLACKSTONE Debt Funds Management

LLC as Portfolio Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


COLUMBUS PARK CDO LTD.

By: GSO / Blackstone Debt Funds Management

LLC as Portfolio Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

GALE FORCE 3 CLO, LTD.

By: GSO/BLACKSTONE Debt Funds Management

LLC as Collateral Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

GALE FORCE 4 CLO, LTD.

By: GSO/BLACKSTONE Debt Funds Management

LLC as Collateral Servicer, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

GALE FORCE 2 CLO, LTD.

By: GSO/BLACKSTONE Debt Funds Management

LLC as Collateral Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

INWOOD PARK CDO LTD.

By: Blackstone Debt Advisors L.P.

as Collateral Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

LAMP FUNDS (IRE) 1PLC IN

RESPECT OF

ITS LAMP SUB-FUND

BLACKSTONE/GSO

SENIOR FLOATING RATE

CORPORATE

LOAN FUND, as Assignee

By: GSO / Blackstone Debt Funds Management

LLC as Investment Manager

By: The Bank of New York Mellon Trust Company,

National Association as Sub Custodian,

as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory
By:   /s/ Yvette Haynes
  Name: Yvette Haynes
  Title: VP

 

MAPS CLO FUND II, LTD.

By: GSO / Blackstone Debt Funds Management

LLC as Collateral Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

PROSPECT PARK CDO LTD.

By: Blackstone Debt Advisors L.P.

as Collateral

Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

RIVERSIDE PARK CLO LTD.

By: GSO/BLACKSTONE Debt Funds Management

LLC as Collateral Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

SUN LIFE ASSURANCE

COMPANY of

CANADA (US)

By: GSO/BLACKSTONE CP Holdings LP

as Sub-Advisor, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

SUNSUPER POOLED

SUPERANNUATION TRUST

By: GSO Capital Partners LP, its Investment

Manager, as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


TRIBECA PARK CLO LTD.
By: GSO/BLACKSTONE Debt Funds Management
LLC as Portfolio Manager, as a Lender
By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

UNITED HEALTHCARE INSURANCE COMPANY

By: GSO Capital Advisors LLC as Manager,

as a Lender

By:   /s/ Daniel H. Smith
  Name: Daniel H. Smith
  Title: Authorized Signatory

 

Halcyon Structured Asset Management Long Secured/Short Unsecured 2007-1 Ltd.
Halcyon Structured Asset Management Long Secured/Short Unsecured 2007-2 Ltd.
Halcyon Structured Asset Management Long Secured/Short Unsecured 2007-3 Ltd.
Halcyon Loan Investors CLO I Ltd.
Halcyon Loan Investors CLO II Ltd.
as a Lender
By:   /s/ James W. Sykes
  Name: James W. Sykes
  Title: Managing Principal

 

Harch CLO III, Limited, as a Lender
By:   /s/ James DiDonato
  Name: James DiDonato
  Title: Portfolio Manager

 

Each of the persons listed on Annex A, Severally but not jointly, as a Lender

By: Wellington Management Company, LLP, as

its Investment Adviser

By:   /s/ Donald M. Caiazza
  Name: Donald M. Caiazza
  Title: Vice President and Counsel

 

ANNEX A

Global Indemnity (Cayman) Limited

Safety Insurance Company

Stellar Performer Global Series W—Global Credit
SunAmerica Senior Floating Rate Fund, Inc.
The Hartford Floating Rate Fund
The Hartford Floating Rate High Income Fund
The Hartford Inflation Plus Fund
The Hartford Short Duration Fund
The Hartford Strategic Income Fund
The Hartford Unconstrained Bond Fund
The Hartford World Bond Fund
U.A.I. (Luxembourg) Investment S.a.r.l.
UMC Benefit Board, Inc.
Aberdeen Loan Funding,
Ltd, as a Lender
By: Highland Capital Management, L.P. As Collateral Manager
By:   /s/ Carter Chism
  Name: Carter Chism
  Title: Authorized Signatory

 

Brentwood CLO, Ltd., as a Lender
By: Highland Capital Management, L.P., As Collateral Manager
By:   /s/ Carter Chism
  Name: Carter Chism
  Title: Authorized Signatory

 

Eastland CLO, Ltd., as a Lender
By: Highland Capital Management, L.P., As Collateral Manager
By:   /s/ Carter Chism
  Name: Carter Chism
  Title: Authorized Signatory

 

Grayson CLO, Ltd., as a Lender
By: Highland Capital Management, L.P. As Collateral Manager
By:   /s/ Carter Chism
  Name: Carter Chism
  Title: Authorized Signatory

 

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


Hewett’s Island CLO
I-R, Ltd., as a Lender
By: Acis Capital Management, LP, its Collateral Manager
By: Acis Capital Management GP, LLC, its general partner
By:   /s/ Carter Chism
  Name: Carter Chism
  Title: Authorized Signatory

 

Highland Credit

Opportunities CDO, Ltd., as a Lender

By: Highland Capital Management L.P., As Collateral Manager
By:   /s/ Carter Chism
  Name: Carter Chism
  Title: Authorized Signatory

 

Red River CLO, Ltd, as a Lender
By: Highland Capital Management, L.P. As Collateral Manager
By:   /s/ Carter Chism
  Name: Carter Chism
  Title: Authorized Signatory

 

Red River CLO II Ltd, as a Lender
By: Highland Capital Management, L.P.; As Collateral Manager
By:   /s/ Carter Chism
  Name: Carter Chism
  Title: Authorized Signatory

 

Westchester CLO, Ltd., as a Lender
By: Highland Capital Management, L.P. As Collateral Manager
By:   /s/ Carter Chism
  Name: Carter Chism
  Title: Authorized Signatory

 

HillMark Funding, Ltd., as a Lender
By: HillMark Capital Management, L.P., as Collateral Manager,
as Lender
By:   /s/ Mark Gold
  Name: Mark Gold
  Title: CEO

 

Stoney Lane Funding I,

Ltd., as a Lender

By: HillMark Capital Management, L.P., as Collateral Manager,

as Lender

By:   /s/ Mark Gold
  Name: Mark Gold
  Title: CEO

 

1776 CLO I, Ltd., as a Lender
By:   /s/ Ron Polye
  Name: Ron Polye
  Title: Authorized Officer

 

ING Prime Rate Trust
By: ING Investment Management Co. LLC,

as its investment manager

ING Senior Income Fund
By: ING Investment Management Co. LLC,

as its investment manager

ING (L) Flex- Senior Loans
By: ING Investment Management Co. LLC,

as its investment manager

ING Investment Management CLO III, LTD.
By: ING Alternative Asset Management LLC,

as its investment manager

ING Investment Management CLO IV, LTD.
By: ING Alternative Asset Management LLC,

as its investment manager

ING Investment Management CLO V, LTD.
By: ING Alternative Asset Management LLC,

as its investment manager

ING IM CLO 2011-1, Ltd.
By: ING Alternative Asset Management LLC,

as its portfolio manager

Phoenix CLO I, LTD.
By: ING Alternative Asset Management LLC,

as its investment manager

Phoenix CLO II, LTD.
By: ING Alternative Asset Management LLC,

as its investment manager

Phoenix CLO III, L TD.
By: ING Alternative Asset Management LLC,

as its investment manager

ING IM CLO 2012-1, Ltd.
By: ING Alternative Asset Management LLC,

as its portfolio manager as Lenders

By:   /s/ Kelly T. Byrne
  Name: Kelly T. Byrne
  Title: Vice President

 

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


 

AVALON IV CAPITAL LTD
By: Invesco Senior Secured Management, Inc.
As Asset Manager, as a Lender
By:   /s/ Thomas Ewald
  Name: Thomas Ewald
  Title: Authorized Signatory

 

Children’s Healthcare

of Atlanta Inc., as a Lender

By: Highland Capital Management, L.P.
As Investment Manager
By:   /s/ Carter Chism
  Name: Carter Chism
  Title: Authorized Signatory

 

HUDSON CANYON FUNDING II, LTD
By: INVESCO Senior Secured Management, Inc.
As Collateral Manager & Attorney InFact, as a Lender
By:   /s/ Thomas Ewald
  Name: Thomas Ewald
  Title: Authorized Signatory

 

Invesco Van Kampen Senior Income Trust
By: Invesco Senior Secured
Management, Inc. as Sub-Adviser, as a Lender
By:   /s/ Thomas Ewald
  Name: Thomas Ewald
  Title: Authorized Signatory

 

LIMEROCK CLO I
By: Invesco Senior Secured Management, Inc.
As Investment Manager, as a Lender
By:   /s/ Thomas Ewald
  Name: Thomas Ewald
  Title: Authorized Signatory

 

Medical Liability Mutual Insurance Company
By: Invesco Advisers, Inc.
as Investment Manager, as a Lender
By:   /s/ Thomas Ewald
  Name: Thomas Ewald
  Title: Authorized Signatory

 

MSIM Peconic Bay, Ltd.
By: Invesco Senior Secured Management, Inc.
As Collateral Manager, as a Lender
By:   /s/ Thomas Ewald
  Name: Thomas Ewald
  Title: Authorized Signatory

 

NAUTIQUE FUNDING LTD.
By: INVESCO Senior Secured Management, Inc.
As Collateral Manager, as a Lender
By:   /s/ Thomas Ewald
  Name: Thomas Ewald
  Title: Authorized Signatory

 

PowerShares Senior Loan Portfolio.
By: Invesco Senior Secured Management, Inc.
As Collateral Manager, as a Lender
By:   /s/ Thomas Ewald
  Name: Thomas Ewald
  Title: Authorized Signatory

 

QUALCOMM GLOBAL TRADING PTE. LTD
By: Invesco Senior Secured Management, Inc.
as Investment Manager, as a Lender
By:   /s/ Thomas Ewald
  Name: Thomas Ewald
  Title: Authorized Signatory

 

Qualcomm Global Trading Inc.
By: Credit Suisse Asset Management, LLC, as investment manager, as a Lender
By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


Madison Park Funding IV, Ltd.
By: Credit Suisse Asset Management, LLC, as authorized manager, as a Lender
By:   /s/ David H. Lerner
  Name: David H. Lerner
  Title: Authorized Signatory

 

WASATCH CLO LTD
By: INVESCO Senior Secured Management, Inc. As Portfolio Manager,
as a Lender
By:   /s/ Thomas Ewald
  Name: Thomas Ewald
  Title: Authorized Signatory

 

BABSON CLO LTD. 2005-I

BABSON CLO LTD. 2005-II

BABSON CLO LTD. 2006-II

BABSON MID-MARKET CLO LTD. 2007-II

BABSON CLO LTD. 2011-I

BABSON CLO LTD. 2012-II

CLEAR LAKE CLO, LTD.

SAPPHIRE VALLET CDO I. LTD

ST. JAMES RIVER CLO, LTD., as Lenders

By: Babson Capital Management LLC as Collateral Manager
By:   /s/ Andrew Mees
  Name: Andrew Mees
  Title: Director

 

MASSACHUSETTS MUTUAL LIFE

INSURANCE COMPANY

C.M. LIFE INSURANCE

COMPANY, as Lenders

By: Babson Capital Management LLC as Investment Adviser
By:   /s/ Andrew Mees
  Name: Andrew Mees
  Title: Director

 

DIAMOND LAKE CLO, LTD.,

as a Lender

By: Babson Capital Management LLC as Collateral Servicer
By:   /s/ Andrew Mees
  Name: Andrew Mees
  Title: Director

 

Advanced Series Trust – AST High Yield Portfolio
By Prudential Investment Management, Inc. as investment advisor
By:   /s/ [illegible]
  Name:
  Title: Vice President

 

J.P Morgan Whitefriars Inc., as a Lender
By:   /s/ Jeffrey Panzo
  Name: Jeffrey Panzo
  Title: Attorney-in-fact

 

Kingsland III, Ltd., as a Lender
By: Kingsland Capital Management, LLC, as Manager
By:   /s/ Katherine Kim
  Name: Katherine Kim
  Title: Authorized Signatory

 

Kingsland IV Ltd., as a Lender

By: Kingsland Capital

Management, LLC, as Manager

By:   /s/ Katherine Kim
  Name: Katherine Kim
  Title: Authorized Signatory

 

Kingsland V Ltd., as a Lender
By: Kingsland Capital Management, LLC, as Manager
By:   /s/ Katherine Kim
  Name: Katherine Kim
  Title: Authorized Signatory

 

Kingsland II Ltd., as a Lender
By: Kingsland Capital Management, LLC, as Manager
By:   /s/ Katherine Kim
  Name: Katherine Kim
  Title: Authorized Signatory

 

KKR CORPORATE CREDIT PARTNERS L.P,

as a Lender

By:   /s/ Jeffrey Smith
  Name: Jeffrey Smith
  Title: Authorized Signatory

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


KKR FLOATING RATE FUND L.P, as a Lender
By:   /s/ Jeffrey Smith
  Name: Jeffrey Smith
  Title: Authorized Signatory

 

Maryland State Retirement and Pension System, as a Lender
By:   /s/ Jeffrey Smith
  Name: Jeffrey Smith
  Title: Authorized Signatory

 

Oregon Public Employees Retirement Fund, as a Lender
By:   /s/ Jeffrey Smith
  Name: Jeffrey Smith
  Title: Authorized Signatory

 

KLS Diversified Master Fund L.P., as a Lender

By KLS Diversified Asset Management LP

/s/ Michael Zarrilli
  Name: Michael Zarrilli
  Title: COO

 

Land Bank of Taiwan, as a Lender
By:   /s/ Henry Leu
  Name: Henry Leu
  Title: General Manager

 

APOSTLE LOOMIS SAYLES CREDIT OPPORTUNITES FUND,

As Lender

By: Loomis, Sayles & Company, L.P.,

Its Investment Manager

By: Loomis, Sayles & Company, Incorporated,

Its General Partner

By:   /s/ Mary McCarthy
  Name: Mary McCarthy
  Title: 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/ Mary McCarthy
  Name: Mary McCarthy
  Title: Vice President

 

GUIDEMARK OPPORTUNISTIC FIXED INCOME FUND

As Lender

By: Loomis, Sayles & Company, L.P., Sub-Advisor

By: Loomis, Sayles & Company, Incorporated.

Its General Partner

By:   /s/ Mary McCarthy
  Name: Mary McCarthy
  Title: Vice President

 

INDIANA UNIVERSITY

As Lender

By: Loomis, Sayles & Company, L.P.,

Its Investment Adviser

By: Loomis, Sayles & Company, Incorporated,

Its General Partner

By:   /s/ Mary McCarthy
  Name: Mary McCarthy
  Title: Vice President

 

LITMAN GREGORY MASTERS ALTERNATIVE STRATEGIES FUND

As Lender

By: Loomis, Sayles & Company, L.P.,

As Sub-advisor for Litman Gregory

Fund Advisors, LLC

By:   /s/ Mary McCarthy
  Name: Mary McCarthy
  Title: Vice President

 

LOOMIS SAYLES CLO I, LTD

As Lender

By: Loomis, Sayles & Company, L.P.,

Its Collateral Manager

By: Loomis Sayles & Company, Incorporated,

Its General Partner

By:   /s/ Mary McCarthy
  Name: Mary McCarthy
  Title: Vice President

 

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


THE LOOMIS SAYLES

SENIOR LOAN FUND, LLC,

As Lender

By: Loomis, Sayles & Company, L.P.,

Its Managing Member

By: Loomis, Sayles & Company, Incorporated.

Its General Partner

By:   /s/ Mary McCarthy
  Name: Mary McCarthy
  Title: Vice President

 

LOOMIS SAYLES ABSOLUTE STRATEGIES BOND FUND

A Sub-Fund of Natixis International Funds (Lux) I,

As Lender

By: Loomis, Sayles & Company, L.P.,

Its Investment Manager

By: Loomis, Sayles & Company, Incorporated,

Its General Partner

By:   /s/ Mary McCarthy
  Name: Mary McCarthy
  Title: Vice President

 

LOOMIS SAYLES ABSOLUTE STRATEGIES TRUST,

As Lender

By: Loomis, Sayles & Company, LLC.,

as Trustee of Loomis Sayles Absolute Strategies Trust

By:   /s/ Mary McCarthy
  Name: Mary McCarthy
  Title: Vice President

 

LOOMIS SAYLES

ABSOLUTE STRATEGIES FUND,

As Lender

By: Loomis, Sayles & Company, L.P.,

Its Investment Manager

By: Loomis, Sayles & Company, Incorporated,

Its General Partner

By:   /s/ Mary McCarthy
  Name: Mary McCarthy
  Title: Vice President

 

NATIXIS 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/ Mary McCarthy
  Name: Mary McCarthy
  Title: Vice President

 

PRINCIPAL FUNDS, INC -

GLOBAL MULTI STRATEGY FUND,

As Lender

By: Loomis, Sayles & Company, L.P.,

Its Sub-Advisor

By: Loomis, Sayles & Company, Incorporated,

Its General Partner

By:   /s/ Mary McCarthy
  Name: Mary McCarthy
  Title: Vice President

 

LATITUDE CLO II, LTD, as a Lender
By:   /s/ Kirk Wallace
  Name: Kirk Wallace
  Title: Senior Vice President

 

LATITUDE CLO III, LTD, as a Lender
By:   /s/ Kirk Wallace
  Name: Kirk Wallace
  Title: Senior Vice President

 

Four Corners CLO III, LTD, as a Lender
By:   /s/ Adam Brown
  Name: Adam Brown
  Title: Vice President

 

Macquarie Income Opportunities Fund, as a Lender
By:   /s/ Adam Brown
  Name: Adam Brown
  Title: Vice President

 

Macquarie Master Diversified Fixed Interest Fund, as a Lender
By:   /s/ Adam Brown
  Name: Adam Brown
  Title: Vice President

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


GANNETT PEAK CLO I, LTD., as a Lender

By: THL Credit Senior Loan Strategies LLC, as Manager

By:   /s/ Kathleen A. Zarn
 

Name: Kathleen A. Zarn

Title: Vice President

 

ILLINOIS STATE BOARD OF INVESTMENT, as a Lender

By: THL Credit Senior Loan Strategies LLC,

as Investment Manager

By:   /s/ Kathleen A. Zarn
 

Name: Kathleen A. Zarn

Title: Vice President

 

THL Credit Bank Loan Select Master Fund, a Class of The THL Credit Bank Loan Select Series Trust I, as a Lender

By: THL Credit Senior Loan Strategies LLC, as Investment Manager

By:   /s/ Kathleen A. Zarn
 

Name: Kathleen A. Zarn

Title: Vice President

 

MCDONNELL LOAN OPPORTUNITY LTD., as a Lender

By: THL Credit Senior Loan Strategies LLC, as Investment Manager

By:   /s/ Kathleen A. Zarn
  Name: Kathleen A. Zarn
  Title: Vice President

 

General American Life Insurance Company, as a Lender
By:   /s/ Matthew J. McInerny
 

Name: Matthew J. McInerny

Title: Managing Director

 

The Metropolitan Life Insurance Company, as a Lender
By:   /s/ Matthew J. McInerny
 

Name: Matthew J. McInerny

Title: Managing Director

 

JERSEY STREET CLO, LTD.,

By its Collateral Manager, Massachusetts Financial Services Company, as a Lender

By:   /s/
  As authorized representative and not individually

 

Venture IX CDO, Limited, as a Lender

By: its investment advisor, MJX Asset Management LLC

By:   /s/ John P. Calaba
 

Name: John P. Calaba

Title: Managing Director

 

Venture V CDO, Limited, as a Lender

By: its investment advisor, MJX Asset Management, LLC

By:   /s/ John P. Calaba
 

Name: John P. Calaba

Title: Managing Director

 

Venture VI CDO, Limited, as a Lender

By: its investment advisor, MJX Asset Management, LLC

By:   /s/ John P. Calaba
 

Name: John P. Calaba

Title: Managing Director

 

Venture VII CDO, Limited, as a Lender

By: its investment advisor, MJX Asset Management, LLC

By:   /s/ John P. Calaba
 

Name: John P. Calaba

Title: Managing Director

 

Venture VII CDO, Limited, as a Lender

By: its investment advisor, MJX Asset Management, LLC

By:   /s/ John P. Calaba
 

Name: John P. Calaba

Title: Managing Director

 

Venture X CLO, Limited, as a Lender

By: its investment advisor, MJX Asset Management, LLC

By:   /s/ John P. Calaba
 

Name: John P. Calaba

Title: Managing Director

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


AAA Life Insurance Company, as a Lender

By: Neuberger Berman Fixed Income LLC as collateral manager

By:   /s/ Colin Donlan
 

Name: Colin Donlan

Title: Authorized Signatory

 

LightPoint CLO V, Ltd., as a Lender

By: Neuberger Berman Fixed Income LLC as collateral manager

By:   /s/ Colin Donlan
 

Name: Colin Donlan

Title: Authorized Signatory

 

LightPoint CLO VII, Ltd., as a Lender

By: Neuberger Berman Fixed Income LLC as collateral manager

By:   /s/ Colin Donlan
 

Name: Colin Donlan

Title: Authorized Signatory

 

LightPoint CLO VIII, Ltd., as a Lender

By: Neuberger Berman Fixed Income LLC as collateral manager

By:   /s/ Colin Donlan
 

Name: Colin Donlan

Title: Authorized Signatory

 

Neuberger Berman Strategic Income Fund., as a Lender

By: Neuberger Berman Fixed Income LLC as collateral manager

By:   /s/ Colin Donlan
 

Name: Colin Donlan

Title: Authorized Signatory

 

Neuberger Berman High Yield Bond Fund., as a Lender

By: Neuberger Berman Fixed Income LLC as collateral manager

By:   /s/ Colin Donlan
 

Name: Colin Donlan

Title: Authorized Signatory

 

Pacific Beacon Life Reassurance Inc., as a Lender

By: Neuberger Berman Fixed Income LLC as collateral manager

By:   /s/ Colin Donlan
 

Name: Colin Donlan

Title: Authorized Signatory

 

Virtus Senior Floating Rate Fund, as a Lender
By:   /s/ Kyle Jennings
 

Name: Kyle Jennings

Title: Managing Director

 

Automobile Club of Southern California Life Insurance Company., as a Lender

By: Neuberger Berman Fixed Income LLC as collateral manager

By:   /s/ Colin Donlan
 

Name: Colin Donlan

Title: Authorized Signatory

 

Future Fund Board of Guardians, as a Lender

By: Oak Hill Advisors, L.P., as its Investment Manager

By:   /s/ Glenn R. August
 

Name: Glenn R. August

Title: Authorized Signatory

 

Oak Hill Credit Partners V, Limited, as a Lender

By: Oak Hill Advisors, L.P., as Portfolio Manager

By:   /s/ Glenn R. August
 

Name: Glenn R. August

Title: Authorized Signatory

 

OHA CREDIT PARTNERS VI, LTD., as a Lender

By: Oak Hill Advisors, L.P. as its portfolio manager

By:   /s/ Glenn R. August
  Name: Glenn R. August
  Title: Authorized Signatory

 

OHA Finlandia Credit Fund, as a Lender
By:   /s/ Glenn R. August
 

Name: Glenn R. August

Title: Authorized Signatory

 

OHA Intrepid Leveraged Loan Fund, Ltd., as a Lender

By: Oak Hill Advisors, L.P., as its Portfolio Manager

By:   /s/ Glenn R. August
 

Name: Glenn R. August

Title: Authorized Signatory

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


OHA Park Avenue CLO I, Ltd.,

as a Lender

By: Oak Hill Advisors, L.P., as Investment Manager
By:   /s/ Glenn R. August
  Name: Glenn R. August
  Title: Authorized Signatory
 

Oregon Public Employees

Retirement Fund, as a Lender

By: Oak Hill Advisors, L.P., as its Investment Manager
 
By:   /s/ Glenn R. August
  Name: Glenn R. August
  Title: Authorized Signatory
 

ACE Tempest Reinsurance Ltd.,

as a Lender

By: Oaktree Capital Management,

L.P. Its: Investment Manager

 
By:   /s/ Atif Chaudhry
  Name: Atif Chaudhry
  Title: Vice President
 
By:   /s/ Desmund Shirazi
  Name: Desmund Shirazi
  Title: Managing Director
 

Arch Investment Holdings IV Ltd.,

as a Lender

By: Oaktree Capital Management,

L.P. Its: Investment Manager

 
By:   /s/ Atif Chaudhry
  Name: Atif Chaudhry
  Title: Vice President
 
By:   /s/ Desmund Shirazi
  Name: Desmund Shirazi
  Title: Managing Director
 

Oaktree Senior Loan Fund, L.P.

as a Lender

By: Oaktree Senior Loan Fund GP, L.P. Its: General Partner, By: Oaktree Fund GP IIA, LLC Its: General Partner, By: Oaktree Fund GP II, L.P. Its: Managing Member
 
By:   /s/ Atif Chaudhry
  Name: Atif Chaudhry
  Title: Vice President
 
By:   /s/ Desmund Shirazi
  Name: Desmund Shirazi
  Title: Managing Director
 

The Public Education Employees

Retirement System of Missouri,

as a Lender

By: Oaktree Capital Management, L.P. Its: Investment Manager
 
By:   /s/ Atif Chaudhry
  Name: Atif Chaudhry
  Title: Vice President
 
By:   /s/ Desmund Shirazi
  Name: Desmund Shirazi
  Title: Managing Director
 

The Public School Retirement

System of Missouri, as a Lender

By: Oaktree Capital Management,

L.P. Its: Investment Manager

 
By:   /s/ Atif Chaudhry
  Name: Atif Chaudhry
  Title: Vice President
 
By:   /s/ Desmund Shirazi
  Name: Desmund Shirazi
  Title: Managing Director
 
OCTAGON INVESTMENT PARTNERS IX, LTD.
By: Octagon Credit Investors, LLC as Manager
OCTAGON INVESTMENT PARTNERS X, LTD.

By: Octagon Credit Investors, LLC

as Collateral Manager

OCTAGON INVESTMENT PARTNERS XI, LTD.
By: Octagon Credit Investors, LLC as Collateral Manager
OCTAGON INVESTMENT PARTNERS XII, LTD.
By: Octagon Credit Investors, LLC as Collateral Manager
HAMLET II, LTD.
By: Octagon Credit Investors, LLC as Portfolio Manager
US Bank N.A., solely as trustee of the DOLL Trust (for Qualified Institutional Investors only), (and not in its individual capacity)
By: Octagon Credit Investors, LLC as Portfolio Manager
Octagon Delaware Trust 2011
By: Octagon Credit Investors, LLC as Portfolio Manager
Octagon Emigrant Senior Secured Loan Trust
By: Octagon Credit Investors, LLC as Portfolio Manager
Octagon Paul Credit Fund Series I, Ltd.
By: Octagon Credit Investors, LLC as Portfolio Manager
Octagon Senior Secured Credit Master Fund Ltd.
By: Octagon Credit Investors, LLC as Investment Manager, as a Lender
 
By:   /s/ Michael B. Nechamkin
  Name: Michael B. Nechamkin
  Title: Senior Portfolio Manager

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


OCP CLO 2012-1, LTD
By: Onex Credit Partners, LLC, as Portfolio Manager as a Lender
 
By:   /s/ Paul Travers
 

Name: Paul Travers

Title: Portfolio Manager

 
HarbourView CLO 2006-1, as a Lender
 
By:   /s/ Jason Reuter
  Name: Jason Reuter
  Title: AVP
Brown Brothers Harriman & Co. acting as agent for OppenheimerFunds, Inc.
 
Oppenheimer Master Loan Fund, LLC, as a Lender
 
By:   /s/ Jason Reuter
  Name: Jason Reuter
  Title: AVP

Brown Brothers Harriman & Co.

acting as agent for OppenheimerFunds, Inc.

 
Oppenheimer Senior Floating Rate Fund, as a Lender
 
By:   /s/ Jason Reuter
  Name: Jason Reuter
  Title: AVP
Brown Brothers Harriman & Co. acting as agent for OppenheimerFunds, Inc.
 
Intel Corporation SERPLUS Plan by Goldman Sachs Asset Managerment, L.P. solely as its investment advisor and not as principal, as a Lender
 
By:   /s/ Kadi Huang
  Name: Kadi Huang
  Title: VP
 
TRALEE CDO I LTD, as a Lender
By: Par-Four Investment Management, LLC As Collateral Manager
 
By:   /s/ Joseph Matteo
  Name: Joseph Matteo
  Title: Authorized Signatory
 
Arch Investment Holdings III Ltd., as a Lender
By: PineBridge Investments LLC As Collateral Manager
 
By:   /s/ Thomas Brandt
 

Name: Thomas Brandt

Title: Managing Director

 
Fire and Police Pension Fund, San Antonio, as a Lender
By: PineBridge Investments LLC Its Investment Manager
 
By:   /s/ Thomas Brandt
  Name: Thomas Brandt
  Title: Managing Director
 
Galaxy XI CLO, Ltd., as a Lender
By: PineBridge Investments LLC As Collateral Manager
 
By:   /s/ Thomas Brandt
  Name: Thomas Brandt
  Title: Managing Director
 
Galaxy XII CLO, Ltd., as a Lender
By: PineBridge Investments LLC As Collateral Manager
 
By:   /s/ Thomas Brandt
  Name: Thomas Brandt
  Title: Managing Director
 
PineBridge Bank Loan Fund Ltd., as a Lender
By: PineBridge Investments LLC Its Investment Manager
 
By:   /s/ Thomas Brandt
  Name: Thomas Brandt
  Title: Managing Director
 
Saturn CLO, Ltd., as a Lender
By: PineBridge Investments LLC Its Collateral Manager
 
By:   /s/ Thomas Brandt
  Name: Thomas Brandt
  Title: Managing Director
 
JNL/PPM America Floating Rate Income Fund, a series of the JNL Series Trust, as a Lender
 
By:   /s/ David C. Wagner
  PPM America, Inc., as sub-adviser
  Name: David C. Wagner
  Title: Managing Director

 

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


PPM GRAYHAWK CLO, LTD., as a Lender
By:   /s/ David C. Wagner
  PPM America, Inc., as Collateral Manager
 

Name: David C. Wagner

Title: Managing Director

 

Pramerica Loan Opportunities Limited

By: Pramerica Investment

Management, a trading name of

Prudential Investment

Management, Inc., as Investment

Manager

By:   /s/ [illegible]
 

Name:

Title: Vice President

 

Advanced Series Trust – AST Prudential Core Bond Portfolio

By: Prudential Investment Management, Inc., as investment advisor

By:   /s/ [illegible]
 

Name:

Title: Vice President

 

Dryden XI – Leveraged Loan CDO 2006

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

By:   /s/ [illegible]
 

Name:

Title: Vice President

 

Dryden XVI – Leveraged Loan CDO 2006

By: Prudential Investment

Management, Inc., as Collateral

Manager

By:   /s/ [illegible]
 

Name:

Title: Vice President

 

Dryden XVIII Leveraged Loan 2007 Ltd.

By: Prudential Investment

Management, Inc., as Collateral

Manager

By:   /s/ [illegible]
 

Name:

Title: Vice President

 

Dryden XXI Leveraged Loan CDO LLC

By: Prudential Investment

Management, Inc., as Collateral

Manager

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

Dryden IX – Senior Loan Fund 2005 p.l.c.

By: Prudential Investment

Management, Inc., Collateral

Manager

By:   /s/ [illegible]
 

Name:

Title: Vice President

 

Dryden XXII Senior Loan Fund

By: Prudential Investment

Management, Inc., as Collateral

Manager

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

Gateway CLO Limited

By: Prudential Investment

Management, Inc., as Collateral

Manager

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

ING Life Insurance and Annuity Company

By: Prudential Investment

Management, Inc. as Investment

Advisor

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

Kayne Anderson Infrastructure

Income Fund, L.P., as a Lender

By: Kayne Anderson Capital

Advisors L.P., its General Partner

By:   /s/ Paul Stapleton
  Name: Paul Stapleton
  Title: Chief Financial Officer

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


North Dakota State Investment Board

By: Prudential Investment

Management, Inc. As Investment

Advisor

By:   //s/ [illegible]
  Name:
  Title: Vice President

 

Pension Benefit Guaranty Corporation

By: Prudential Investment

Management, Inc. as investment

advisor

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

Prudential Bank Loan Fund of the Prudential Trust Company Collective Trust

By: Prudential Investment

Management, Inc. As Investment

Advisor

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

Prudential High Yield Fund of the Prudential Trust Company Collective Trust

By: Prudential Investment

Management, Inc. as investment

advisor

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

Prudential High Yield Fund Inc.

By: Prudential Investment

Management, Inc. as investment

advisor

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

Prudential Investment Portfolios,

Inc. 14 – Prudential Floating Rate Income Fund

By: Prudential Investment

Management, Inc. as Investment

Advisor

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

Prudential Total Return Bond Fund, Inc.

By: Prudential Investment

Management, Inc. as investment

advisor

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

Specialized Investment

Management SICAV – SIF

Corporate Loan Master Fund

By: Zaisgroup International LLP,

as Investment Advisor

By: Pramerica Investment

Management Limited, as Portfolio

Advisor

By: Pramerica Investment

Management (a trading name of

Prudential Investment

Management, Inc.) as Sub-Advisor

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

The Prudential Series Fund –

Conservative Balanced Portfolio

By: Prudential Investment

Management, Inc. As Investment

Advisor

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

The Prudential Series Fund –

Flexible Managed Portfolio

By: Prudential Investment

Management, Inc. As Investment

Advisor

By:   /s/ [illegible]
  Name:
  Title: Vice President

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


The Prudential Series Fund – High Yield Bond Portfolio
By: Prudential Investment Management, Inc. as investment advisor
By:   /s/ [illegible]
  Name:
  Title: Vice President

 

Virginia College Savings Plan
By: Prudential Investment Management, Inc. as Investment Advisor
By:   /s/ [illegible]
  Name:
  Title: Vice President

 

PUTNAM FLOATING RATE INCOME FUND
By:   /s/ Beth Mazor
  Name: Beth Mazor
  Title: V.P.

 

PUTNAM ABSOLUTE RETURN 300 FUND
By Putnam Investment Management, LLC
By:   /s/ Kevin Parnell
  Name: Kevin Parnell
  Title: Manager

 

PUTNAM FUNDS TRUST, on behalf of its series, PUTNAM ABSOLUTE RETURN 500 FUND by Putnam Investment Management, LLC
By:   /s/ Suzanne Deshaies
  Name: Suzanne Deshaies
  Title: VP

 

RAYMOND JAMES BANK, N.A., as a Lender
By:   /s/ Scott G. Axelrod
  Name: Scott G. Axelrod
  Title: Vice President

 

Chatham Light II CLO, Limited, as a Lender
By: Sankaty Advisors, LLC as Collateral Manager
By:   /s/ Andrew S. Viens
  Name: Andrew S. Viens
  Title: Sr. Vice President of Operations

 

Community Insurance Company, as a Lender
By: Sankaty Advisors, LLC as Investment Manager
By:   /s/ Andrew S. Viens
  Name: Andrew S. Viens
  Title: Sr. Vice President of Operations

 

Qantas Superannuation Plan, as a Lender
By: Sankaty Advisors, LLC as Investment Manager
By:   /s/ Andrew S. Viens
  Name: Andrew S. Viens
  Title: Sr. Vice President of Operations

 

Race Point VI CLO, Ltd., as a Lender
By: Sankaty Advisors, LLC as Asset Manager
By:   /s/ Andrew S. Viens
  Name: Andrew S. Viens
  Title: Sr. Vice President of Operations

 

Race Point V CLO, Limited, as a Lender
By: Sankaty Advisors, LLC Its Asset Manager
By:   /s/ Andrew S. Viens
  Name: Andrew S. Viens
  Title: Sr. Vice President of Operations

 

Sankaty High Income Partnership, L.P, as a Lender
By: Sankaty Advisors, LLC as Investment Advisor
By:   /s/ Andrew S. Viens
  Name: Andrew S. Viens
  Title: Sr. Vice President of Operations

 

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


WellPoint, Inc., as a Lender
By: Sankaty Advisors, LLC as Investment Adviser
By:   /s/ Andrew S. Viens
  Name: Andrew S. Viens
  Title: Sr. Vice President of Operations

 

Each of the persons listed on Annex A, Severally but not jointly, as a Lender
By: Wellington Management Company, LLP, as its Investment Adviser
By:   /s/ Donald M. Caiazza
  Name: Donald M. Caiazza
  Title: Vice President and Counsel

 

ANNEX A
Global Indemnity (Cayman) Limited
Safety Insurance Company
Stellar Performer Global Series W – Global Credit
SunAmerica Senior Floating Rate Fund, Inc.
The Hartford Floating Rate Fund
The Hartford Floating Rate High Income Fund
The Hartford Inflation Plus Fund
The Hartford Short Duration Fund
The Hartford Strategic Income Fund
The Hartford Unconstrained Bond Fund
The Hartford World Bond Fund
U.A.I. (Luxembourg) Investment S.a.r.l.
UMC Benefit Board, Inc.
SANDELMAN FINANCE 2006-2, LTD.
By: Mercer Park, LP

As Collateral Manager

as a Lender

By:   /s/ Andrew C. Curtis
  Name: Andrew C. Curtis
  Title: PM

 

1199 SEIU Health Care Employees Pension Fund
By: Seix Investment Advisors LLC, as Investment Manager
Anthem Health Plans, Inc.
By: Seix Investment Advisors LLC, as Investment Manager
Baker Street Funding CLO 2005-1 Ltd.
By: Seix Investment Advisors LLC, as Collateral Manager
Baker Street CLO II Ltd.
By: Seix Investment Advisors LLC, as Collateral Manager
Baptist Health South Florida, Inc.
By: Seix Investment Advisors LLC, as Advisor
Berea College
By: Seix Investment Advisors LLC, as Investment Manager
Blue Cross of Idaho Health Service, Inc.
By: Seix Investment Advisors LLC, as Investment Manager
HC Capital Trust—The Fixed Income Opportunity Portfolio
By: Seix Investment Advisors LLC, as Portfolio Manager
Mountain View Funding CLO 2006-I, Ltd.
By: Seix Investment Advisors LLC, as Collateral Manager
Mountain View CLO II Ltd.
By: Seix Investment Advisors LLC, as Collateral Manager
Mountain View CLO III Ltd.
By: Seix Investment Advisors LLC, as Collateral Manager
RidgeWorth Funds—High Income Fund
By: Seix Investment Advisors LLC, as Subadviser
RidgeWorth Funds—Seix Floating Rate High Income Fund

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


By: Seix Investment Advisors LLC, as Subadviser

 

RidgeWorth Funds—Seix High Yield Fund

By: Seix Investment Advisors LLC, as Subadviser

RidgeWorth Funds – Total Return Bond Fund

By: Seix Investment Advisors LLC, as Subadviser

Rochdale Fixed Income Opportunities Portfolio

By: Seix Investment Advisors LLC, as Subadviser

Seix Credit Opportunities Fund Financing 1, Ltd.

By: Seix Investment Advisors LLC, as Investment Manager

Seix Multi-Sector Absolute Return Fund L.P.

By: Seix Multi-Sector Absolute Return Fund GP LLC, in its capacity as sole general partner

By: Seix Investment Advisors LLC, its sole member

University of Rochester

By: Seix Investment Advisors LLC, as Adviser

as Lenders

By:   /s/ George Goudelias
 

Name: George Goudelias

Title: Managing Director

 

Credos Floating Rate Fund, L.P.

By: Shenkman Capital Management, Inc., as Investment Manager

By:   /s/ Richard H. Weinstein
 

Name: Richard H. Weinstein

Title: Chief Operating Officer

 

Four Points Multi-Strategy Master Fund Inc.

(LOAN ACCOUNT)

By: Shenkman Capital Management, Inc., as Investment Manager

By:   /s/ Richard H. Weinstein
 

Name: Richard H. Weinstein

Title: Chief Operating Officer

 

Highmark Inc.

(Shenkman – BANK LOAN ACCOUNT)

By: Shenkman Capital Management, Inc., as Investment Manager

By:   /s/ Richard H. Weinstein
 

Name: Richard H. Weinstein

Title: Chief Operating Officer

 

Kentucky Retirement Systems

(Shenkman – Insurance Fund Account)

By: Shenkman Capital Management, Inc., as Investment Manager

By:   /s/ Richard H. Weinstein
 

Name: Richard H. Weinstein

Title: Chief Operating Officer

 

Kentucky Retirement Systems

(Shenkman- PENSION Account)

By: Shenkman Capital Management, Inc., as Investment Manager

By:   /s/ Richard H. Weinstein
 

Name: Richard H. Weinstein

Title: Chief Operating Officer

 

Slater Mill Loan Fund, LP

By: Shenkman Capital Management, Inc., as Collateral Manager

By:   /s/ Richard H. Weinstein
 

Name: Richard H. Weinstein

Title: Chief Operating Officer

 

Westbrook CLO, Ltd.

By: Shenkman Capital Management, Inc., as Investment Manager

By:   /s/ Richard H. Weinstein
 

Name: Richard H. Weinstein

Title: Chief Operating Officer

 

ECP CLO 2008-1 LTD, as a Lender

By: Silvermine Capital Management LLC As Portfolio Manager

By:   /s/ Joshua Cringle
 

Name: Joshua Cringle

Title: Analyst

 

ECP CLO 2013-3 LTD, as a Lender

By: Silvermine Capital Management

By:   /s/ Joshua Cringle
 

Name: Joshua Cringle

Title: Analyst

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


ECP CLO 2012-4 LTD, as a Lender

By: Silvermine Capital Management

By:   /s/ Joshua Cringle
 

Name: Joshua Cringle

Title: Analyst

 

GREENS CREEK FUNDING LTD., as a Lender

By: Silvermine Capital Management LLC As Investment Manager

By:   /s/ Joshua Cringle
 

Name: Joshua Cringle

Title: Analyst

 

O’Leary Floating Rate Portfolio, as a Lender
By:   /s/ Rick Brown
 

Name: Rick Brown

Title: Senior Portfolio Manager

 

Stifel Bank & Trust, as a Lender
By:   /s/ John H. Phillips
 

Name: John H. Phillips

Title: Executive Vice President

 

JHF II-Multi Sector Bond Fund, as a Lender
By:   /s/ Adam Shapiro
 

Name: Adam Shapiro

Title: General Counsel

 

Libra Global Limited, as a Lender
By:   /s/ Adam Shapiro
 

Name: Adam Shapiro

Title: General Counsel

 

Stone Harbor Global Funds PLC – Stone Harbor Leveraged Loan Portfolio, as a Lender
By:   /s/ Adam Shapiro
 

Name: Adam Shapiro

Title: General Counsel

 

TETON FUNDING, LLC, as a Lender

By: SunTrust Bank, its Manager

By:   /s/ Douglas Weltz
 

Name: Douglas Weltz

Title: Director

 

Municipal Employees’ Annuity and Benefit Fund of Chicago (Symphony), as a Lender

By: Symphony Asset Management LLC

By:   /s/ James Kim
 

Name: James Kim

Title: Co-Head of Credit Research

 

Nuveen Diversified Dividend & Income Fund, as a Lender

By: Symphony Asset Management LLC

By:   /s/ James Kim
 

Name: James Kim

Title: Co-Head of Credit Research

 

Nuveen Floating Rate Income Fund, as a Lender

By: Symphony Asset Management LLC

By:   /s/ James Kim
 

Name: James Kim

Title: Co-Head of Credit Research

 

Nuveen Floating Rate Income Opportunity Fund, as a Lender

By: Symphony Asset Management LLC

By:   /s/ James Kim
 

Name: James Kim

Title: Co-Head of Credit Research

 

Nuveen Senior Income Fund, as a Lender

By: Symphony Asset Management LLC

By:   /s/ James Kim
 

Name: James Kim

Title: Co-Head of Credit Research

 

Nuveen Tax Advantaged Total Return Strategy Fund, as a Lender

By: Symphony Asset Management LLC

By:   /s/ James Kim
 

Name: James Kim

Title: Co-Head of Credit Research

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


Nuveen Credit Strategies Income Fund, as a Lender
By: Symphony Asset Management LLC
By:   /s/ James Kim
  Name: James Kim
  Title: Co-Head of Credit Research

 

Nuveen Short Duration Credit Opportunities Fund, as a Lender
By: Symphony Asset Management LLC
By:   /s/ James Kim
  Name: James Kim
  Title: Co-Head of Credit Research

 

Principal Funds Inc,—Diversified Real Asset Fund, as a Lender
By: Symphony Asset Management LLC
By:   /s/ James Kim
  Name: James Kim
  Title: Co-Head of Credit Research

 

SSF Trust, as a Lender
By: Symphony Asset Management LLC
By:   /s/ James Kim
  Name: James Kim
  Title: Co-Head of Credit Research

 

Symphony Credit Opportunities Fund LTD., as a Lender
By: Symphony Asset Management LLC
By:   /s/ James Kim
  Name: James Kim
  Title: Co-Head of Credit Research

 

Symphony CLO IX, Limited Partnership, as a Lender
By: Symphony Asset Management LLC
By:   /s/ James Kim
  Name: James Kim
  Title: Co-Head of Credit Research

 

Symphony Senior Loan Fund, L.P., as a Lender
By: Symphony Asset Management LLC
By:   /s/ James Kim
  Name: James Kim
  Title: Co-Head of Credit Research

 

Each of the persons listed on Annex A, Severally but not jointly, as a Lender
By: Wellington Management Company, LLP, as its Investment Adviser
By:   /s/ Donald M. Caiazza
  Name: Donald M. Caiazza
  Title: Vice President and Counsel

 

ANNEX A

Global Indemnity (Cayman) Limited

Safety Insurance Company

Stellar Performer Global Series W – Global Credit
SunAmerica Senior Floating Rate Fund, Inc.
The Hartford Floating Rate Fund
The Hartford Floating Rate High Income Fund
The Hartford Inflation Plus Fund
The Hartford Short Duration Fund
The Hartford Strategic Income Fund
The Hartford Unconstrained Bond Fund
The Hartford World Bond Fund
U.A.I. (Luxembourg) Investment S.a.r.l.
UMC Benefit Board, Inc.
Wells Capital Management Inc. on behalf of Silverado CLO 2006 LTD, as a Lender
By:   /s/ Phil Susser
  Name: Phil Susser
  Title: Portfolio Manager

 

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement


Wells Capital Management Inc. on behalf of 16959701, as a Lender
By:   /s/ Phil Susser
  Name: Phil Susser
  Title: Portfolio Manager

 

Wells Capital Management Inc. on behalf of 13923601, as a Lender
By:   /s/ Phil Susser
  Name: Phil Susser
  Title: Portfolio Manager

 

Wells Capital Management Inc. on behalf of a/c 13702900, as a Lender
By:   /s/ Phil Susser
  Name: Phil Susser
  Title: Portfolio Manager

 

Wells Capital Management Inc. on behalf of a/c 22952000, as a Lender
By:   /s/ Phil Susser
  Name: Phil Susser
  Title: Portfolio Manager

 

Wells Capital Management Inc. on behalf of 83292500 (Wells Fargo Advantage High Yield), as a Lender
By:   /s/ Phil Susser
  Name: Phil Susser
  Title: Portfolio Manager

 

Wells Capital Management Inc. on behalf of 18325402, as a Lender
By:   /s/ Phil Susser
  Name: Phil Susser
  Title: Portfolio Manager

 

Wells Capital Management Inc. on behalf of 23928601, as a Lender
By:   /s/ Phil Susser
  Name: Phil Susser
  Title: Portfolio Manager

 

Wells Capital Management Inc. on behalf of 23960800, as a Lender
By:   /s/ Phil Susser
  Name: Phil Susser
  Title: Portfolio Manager

 

Wells Capital Management Inc. on behalf of a/c 16463700, as a Lender
By:   /s/ Phil Susser
  Name: Phil Susser
  Title: Portfolio Manager

 

Wells Fargo Bank, National Association, as a Lender
By:   /s/ Jill Hamilton
  Name: Jill Hamilton
  Title: Vice President

 

OCEAN TRAILS CLO I, as a Lender
By: West Gate Horizons Advisors LLC, as Investment Manager
By:   /s/ Bradley Bryan
  Name: Bradley Bryan
  Title: Senior Credit Analyst

 

OCEAN TRAILS CLO II, as a Lender
By: West Gate Horizons Advisors LLC, as Investment Manager
By:   /s/ Bradley Bryan
  Name: Bradley Bryan
  Title: Senior Credit Analyst

 

WG HORIZONS CLO I, as a Lender
By: West Gate Horizons Advisors LLC, as Investment Manager
By:   /s/ Bradley Bryan
  Name: Bradley Bryan
  Title: Senior Credit Analyst

 

WhiteHorse IV Ltd
By: WhiteHorse Capital Partners, L.P.
Title: Investment Manager
By: WhiteRock Asset Advisor, LLC
Title: General Partner,
as a Lender
By:   /s/ Jarred Worley
  Name: Jarred Worley
  Title: Manager

 

WhiteHorse III Ltd
By: WhiteHorse Capital Partners, L.P.
Title: Collateral Manager
By: WhiteRock Asset Advisor, LLC
Title: Collateral Manager,
as a Lender
By:   /s/ Jarred Worley
  Name: Jarred Worley
  Title: Manager

 

Signature Page to

Amendment No. 1 to Senior Secured Term Loan Agreement