Exhibit 10.1
EXECUTION COPY
AMENDMENT NO. 13 TO THE THIRD AMENDED AND
RESTATED
CREDIT AND REIMBURSEMENT AGREEMENT
Dated as of July 29, 2008
AMENDMENT NO. 13 TO THE THIRD AMENDED AND RESTATED CREDIT AND REIMBURSEMENT AGREEMENT (this Amendment) among The AES Corporation, a Delaware corporation (the Borrower), the Subsidiary Guarantors, the Bank Parties listed on the signature pages hereto, CITICORP USA, INC., as administrative agent (the Agent) and CITIBANK, N.A., as Collateral Agent, for the Bank Parties (the Collateral Agent).
PRELIMINARY STATEMENTS
(1) WHEREAS, the Borrower is party to a Third Amended and Restated Credit and Reimbursement Agreement dated as of March 17, 2004 (as amended, amended and restated, supplemented or otherwise modified up to the date hereof, the Existing Bank Credit Agreement; capitalized terms used herein but not defined shall be used herein as defined in the Credit Agreement) among the Subsidiary Guarantors, the Bank Parties, CITIGROUP GLOBAL MARKETS, INC., as Lead Arranger and Book Runner, BANC OF AMERICA SECURITIES LLC, as Lead Arranger and Book Runner and as Co-Syndication Agent (for the Initial Term Loan Facility), DEUTSCHE BANK SECURITIES INC., as Lead Arranger and Book Runner (for the Initial Term Loan Facility), UNION BANK OF CALIFORNIA, N.A., as Co-Syndication Agent (for the Initial Term Loan Facility) and as Lead Arranger and Book Runner and as Syndication Agent (for the Revolving Credit Facility), LEHMAN COMMERCIAL PAPER INC., as Co-Documentation Agent (for the Initial Term Loan Facility), UBS SECURITIES LLC, as Co-Documentation Agent (for the Initial Term Loan Facility), SOCIÉTÉ GÉNÉRALE, as Co-Documentation Agent (for the Revolving Credit Facility), CREDIT LYONNAISE NEW YORK BRANCH, as Co-Documentation Agent (for the Revolving Credit Facility), the Agent and the Collateral Agent; and
(2) WHEREAS, the Borrower and the Required Banks have agreed, subject to the terms and conditions hereinafter set forth, to amend and restate the Existing Bank Credit Agreement as set forth below (as amended and restated the Credit Agreement).
NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the sufficiency and receipt of all of which is hereby acknowledged, the parties hereto hereby agree as follows:
This Amendment is subject to the provisions of Section 10.05 of the Credit Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered by their respective proper and duly authorized officers as of the day and year first above written.
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THE AES CORPORATION, |
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as Borrower |
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By: |
/s/ Willard C. Hoagland |
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Title: |
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Address: |
4300 Wilson Boulevard |
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Arlington, VA 22203 |
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Fax: |
(703) 528-4510 |
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SUBSIDIARY GUARANTORS: |
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AES HAWAII MANAGEMENT COMPANY, INC., |
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as Subsidiary Guarantor |
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By: |
/s/ Willard C. Hoagland |
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Title: |
Treasurer |
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Address: |
4300 Wilson Blvd. |
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Fax: |
(703) 528-4510 |
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AES NEW YORK FUNDING, L.L.C., |
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as Subsidiary Guarantor |
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By: |
/s/ Willard C. Hoagland |
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Title: |
Treasurer |
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Address: |
4300 Wilson Blvd. |
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Fax: |
(703) 528-4510 |
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AES OKLAHOMA HOLDINGS, L.L.C., |
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as Subsidiary Guarantor |
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By: |
/s/ Willard C. Hoagland |
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Title: |
Treasurer |
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Address: |
4300 Wilson Blvd. |
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Fax: |
(703) 528-4510 |
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AES WARRIOR RUN FUNDING, L.L.C., |
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as Subsidiary Guarantor |
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By: |
/s/ Willard C. Hoagland |
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Title: |
Treasurer |
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Address: |
4300 Wilson Blvd. |
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Fax: |
(703) 528-4510 |
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AGENTS: |
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CITICORP USA, INC., |
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as Agent |
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By: |
/s/ Nietsche Rodricks |
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Title: |
Director |
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Address: |
388 Greenwich Street, 21st Floor |
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New York, NY 10013 |
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Fax: |
(212) 816-8098 |
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Attention: |
Nietzsche Rodricks |
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Email: |
oploanswebadmin@citigroup.com |
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CITIBANK N.A., |
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as Collateral Agent |
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By: |
/s/ Nietsche Rodricks |
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Title: |
Director |
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Address: |
388 Greenwich Street, 21st Floor |
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New York, NY 10013 |
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Fax: |
(212) 816-8098 |
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Attention: |
Nietzsche Rodricks |
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ABN AMRO BANK N.V. |
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as Lender |
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By: |
/S/ Scott Donaldson |
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Name: |
Scott Donaldson |
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Title: |
Director |
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By: |
/S/ Sanjay Remond |
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Name: |
Sanjay Remond |
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Title: |
Vice President |
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Pinehurst Trading, Inc. |
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as Lender |
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By: |
/S/ Tara E. Kenny |
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Name: |
Tara E. Kenny |
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Title: |
Assistant Vice President |
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Transamerica Life Insurance Company |
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as Lender |
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By: |
/S/ John Bailey |
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Name: |
John Bailey |
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Title: |
Vice President |
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By: AllianceBernstein L.P., as Investment Advisor |
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as Lender |
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By: |
/s/ Michael E. Sohr |
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Name: |
Michael E. Sohr |
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Title: |
Senior Vice President |
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Account:
Alliance Capital Funding LLC
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AMMC CLO IV, LIMITED |
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By: |
American Money Management Corp., |
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as Collateral Manager |
as Lender
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By: |
/s/ Chester M. Eng |
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Name: |
Chester M. Eng |
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Title: |
Senior Vice President |
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AMMC CLO VI, LIMITED |
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By: |
American Money Management Corp., |
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as Collateral Manager |
as Lender
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By: |
/S/ Chester M. Eng |
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Name: |
Chester M. Eng |
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Title: |
Senior Vice President |
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Australia and New Zealand Banking Group Limited |
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as Lender |
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By: |
/s/ John W. Wade |
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Name: |
John W. Wade |
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Title: |
Deputy General Manager |
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Bank of America, N.A. |
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as Lender |
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By: |
/s/ Jacob Dowden |
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Name: |
Jacob Dowden |
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Title: |
Vice President |
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Ballantyne Funding LLC |
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as Lender |
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By: |
/s/ Michael Roof |
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Name: |
Michael Roof |
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Title: |
Vice President |
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BlackRock Limited Duration Income Trust |
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BlackRock Global Floating Rate Income Trust |
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BlackRock Floating Rate Income Strategies Fund, Inc. |
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Longhorn CDO (Cayman) LTD |
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Longhorn CDO III, LTD |
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Master Senior Floating Rate Trust |
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as Lender |
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By: |
/s/ AnnMarie Smith |
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Name: |
AnnMarie Smith |
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Title: |
Authorized Signatory |
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INWOOD PARK CDO LTD. |
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By: Blackstone Debt Advisors L.P. |
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as Collateral Manager |
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By: |
/s/ Dean T. Criares |
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Name: Dean T. Criares |
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Title: Authorized Signatory |
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LAFAYETTE SQUARE CDO
LTD. |
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By: |
/s/ Dean T. Criares |
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Name: Dean T. Criares |
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Title: Authorized Signatory |
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LOAN FUNDING VI LLC, |
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By: |
/s/ Dean T. Criares |
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Name: Dean T. Criares |
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Title: Authorized Signatory |
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MONUMENT PARK CDO LTD. |
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By: |
/s/ Dean T. Criares |
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Name: Dean T. Criares |
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Title: Authorized Signatory |
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UNION SQUARE CDO LTD. |
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By: |
/s/ Dean T. Criares |
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Name: Dean T. Criares |
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Title: Authorized Signatory |
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BNP PARIBAS |
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By: |
/s/ Francis J. Delaney |
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Name: |
Francis J. Delaney |
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Title: |
Managing Director |
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By: |
/s/ Denis OMeara |
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Name: |
Denis OMeara |
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Title: |
Managing Director |
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By: Callidus Debt Partners CLO Fund II, Ltd. By: Its Collateral Manager, Callidus Capital Management, LLC |
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as Lender |
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By: |
/s/ Ira Ginsburg |
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Name: |
Ira Ginsburg |
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Title: |
Principal |
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By: Callidus Debt Partners CLO Fund III, Ltd. By: Its Collateral Manager, Callidus Capital Management, LLC |
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as Lender |
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By: |
/s/ Ira Ginsburg |
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Name: |
Ira Ginsburg |
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Title: |
Principal |
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CALYON New York Branch |
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as Lender |
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By: |
/s/ Nina Eshoo |
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Name: |
Nina Eshoo |
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Title: |
Managing Director |
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CALYON New York Branch |
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as Lender |
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By: |
/s/ Gayer D. Bellamy Jr. |
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Name: |
Gayer D. Bellamy Jr. |
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Title: |
Director |
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Citicorp USA, Inc. |
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as Lender |
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By: |
/s/ Nietzsche Rodricks |
Nietzsche S. Rodricks |
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Name: |
Nietzsche Rodricks |
Director |
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Title: |
Vice President |
386 Greenwich St, 21st floor |
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New York, NY 10013 |
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(212) 816-8619 |
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CITIBANK, N.A. |
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as Lender |
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By: |
/s/ Brian Blessing |
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Name: |
Brian Blessing |
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Title: |
Attorney-In-Fact |
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COMMERZBANK AG, NEW YORK |
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By: |
/s/ Christopher Winthrop |
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Name: |
Christopher Winthrop |
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Title: |
Vice President |
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By: |
/s/ Michael Fruchter |
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Name: |
Michael Fruchter |
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Title: |
Vice President |
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CREDIT SUISSE, CAYMAN ISLANDS BRANCH, |
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By: |
/s/ Brian Caldwell |
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Name: |
BRIAN CALDWELL |
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Title: |
DIRECTOR |
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By: |
/s/ Morenkeji Ajayi |
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Name: |
MORENKEJI AJAYI |
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Title: |
ASSOCIATE |
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Atrium CDO |
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as Lender |
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By: |
/s/ Thomas Flannery |
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Name: |
Thomas Flannery |
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Title: |
Authorized Signatory |
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Atrium II |
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as Lender |
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By: |
/s/ Thomas Flannery |
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Name: |
Thomas Flannery |
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Title: |
Authorized Signatory |
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CSAM Funding I |
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as Lender |
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By: |
/s/ Thomas Flannery |
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Name: |
THOMAS FLANNERY |
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Title: |
AUTHORIZED SIGNATORY |
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CSAM Funding II |
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as Lender |
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By: |
/s/ Thomas Flannery |
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Name: |
Thomas Flannery |
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Title: |
Authorized Signatory |
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CSAM Funding III |
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as Lender |
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By: |
/s/ Thomas Flannery |
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Name: |
Thomas Flannery |
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Title: |
Authorized Signatory |
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First Daninion Funding III |
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as Lender |
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By: |
/s/ Thomas Flannery |
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Name: |
Thomas Flannery |
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Title: |
Authorized Signatory |
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Madison Park Funding II |
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as Lender |
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By: |
/s/ Thomas Flannery |
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Name: |
Thomas Flannery |
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Title: |
Authorized Signatory |
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Madison Park Funding III |
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as Lender |
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By: |
/s/ Thomas Flannery |
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Name: |
Thomas Flannery |
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Title: |
Authorized Signatory |
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Madison Park Funding V |
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as Lender |
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By: |
/s/ Thomas Flannery |
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Name: |
Thomas Flannery |
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Title: |
Authorized Signatory |
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DEUTSCHE BANK TRUST COMPANY AMERICAS
as Lender
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By: |
/s/ Marcus M. Tarkington |
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Name: |
Marcus M. Tarkington |
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Title: |
Director |
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By: |
/s/ Keith C. Braun |
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Name: |
Keith C. Braun |
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Title: |
Managing Director |
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Fidelity Advisor Series 1: Fidelity Advisor Floting Rate High Income Fund
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as Lender |
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By: |
/s/ Peter L. Lydecker |
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Name: |
Peter L. Lydecker |
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Title: |
Assistant Treasurer |
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Ballyrock CLO II Limited
By: BALLYROCK Investment Advisors LLC, as Collateral Manager
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as Lender |
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By: |
/s/ Lisa Rymut |
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Name: |
Lisa Rymut |
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Title: |
Assistant Treasurer |
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GOLDMAN SACHS
CREDIT PARTNERS, L.P.
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as Lender |
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By: |
/s/ Andrew Caditz |
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Name: |
Andrew Caditz |
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Title: |
Authorized Signatory |
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MAGMA CDO LTD. |
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as Lender |
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By: |
/s/ Kaitlin Trinh |
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Name: |
Kaitlin Trinh |
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Title: |
Director |
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AVALON CAPITAL LTD. 3 |
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By: |
INVESCO Senior Secured
Management, Inc. |
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By: |
/s/ Thomas Ewald |
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Name: |
Thomas Ewald |
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Title: |
Authorized Signatory |
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BELHURST CLO LTD. |
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By: |
INVESCO Senior Secured
Management, Inc. |
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By: |
/s/ Thomas Ewald |
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Name: |
Thomas Ewald |
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Title: |
Authorized Signatory |
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CHAMPLAIN CLO, LTD. |
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By: |
INVESCO Senior Secured
Management, Inc. |
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as Lender |
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By: |
/s/ Thomas Ewald |
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Name: |
Thomas Ewald |
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Title: |
Authorized Signatory |
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DIVERSIFIED CREDIT PORTFOLIO LTD. |
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By: |
INVESCO Senior Secured
Management, Inc. |
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By: |
/s/ Thomas Ewald |
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Name: |
Thomas Ewald |
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Title: |
Authorized Signatory |
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KATONAH V, LTD. |
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By: |
INVESCO Senior Secured
Management, Inc. |
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By: |
/s/ Thomas Ewald |
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Name: |
Thomas Ewald |
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Title: |
Authorized Signatory |
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NAUTIQUE FUNDING LTD. |
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By: |
INVESCO Senior Secured
Management, Inc. |
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By: |
/s/ Thomas Ewald |
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Name: |
Thomas Ewald |
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Title: |
Authorized Signatory |
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SAGAMORE CLO LTD. |
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By: |
INVESCO Senior Secured
Management, Inc. |
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By: |
/s/ Thomas Ewald |
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Name: |
Thomas Ewald |
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Title: |
Authorized Signatory |
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SARATOGA CLO I, LIMITED |
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By: |
INVESCO Senior Secured
Management, Inc. |
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By: |
/s/ Thomas Ewald |
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Name: |
Thomas Ewald |
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Title: |
Authorized Signatory |
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WASATCH CLO LTD |
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By: |
INVESCO Senior Secured
Management, Inc. |
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By: |
/s/ Thomas Ewald |
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Name: |
Thomas Ewald |
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Title: |
Authorized Signatory |
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JPMorgan Chase Bank, N.A.
as Lender
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By: |
/s/ Juan Javellana |
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Name: |
Juan Javellana |
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Title: |
Vice President |
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KDPAM for The Boeing
Company Employee Retirement |
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as Lender |
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By: |
/s/ Kathy A. News |
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Name: |
Kathy A. News |
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Title: |
Sr. Portfolio Manager |
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Re: AES Corporation
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KDPAM for Veronica Atkins Marital Trust |
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as Lender |
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By: |
/s/ Kathy A. News |
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Name: |
Kathy A. News |
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Title: |
Sr. Portfolio Manager |
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LEHMAN COMMERCIAL PAPER INC. |
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as Lender |
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By: |
/s/ Randall Beaunfeld |
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Name: |
Randall Beaunfeld |
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Title: |
Authorized Signatory |
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56
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Apostle Loomis Sayles Credit Opportunities Fund |
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as Lender |
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By: |
Please See Following Page |
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Name: |
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Title: |
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57
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APOSTLE LOOMIS SAYLES
CREDIT OPPORTUNITIES FUND, |
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For
Loomis, Sayles & Company, L.P., |
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By: |
Loomis,
Sayles & Company, Incorporated, |
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By: |
/s/ John R. Bell |
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Name: |
John R. Bell |
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Title: |
Vice President |
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58
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Apostle Loomis Sayles Senior Loan Fund |
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as Lender |
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By: |
Please See Following Page |
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59
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APOSTLE LOOMIS SAYLES
SENIOR LOAN FUND, |
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By: |
Loomis,
Sayles & Company, L.P., |
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By: |
Loomis,
Sayles & Company, Incorporated, |
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By: |
/S/ John R. Bell |
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Name: |
John R. Bell |
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Title: |
Vice President |
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60
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Loomis Sayles Leveraged Senior Loan Fund Ltd. |
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as Lender |
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By: |
Please See Following Page |
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Name: |
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Title: |
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61
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LOOMIS SAYLES LEVERAGED
SENIOR LOAN FUND LTD. |
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By: |
Loomis,
Sayles & Company, L.P., |
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By: |
Loomis,
Sayles & Company, Incorporated, |
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By: |
/s/ Kevin J. Perry |
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Name: |
Kevin J. Perry |
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Title: |
Vice President |
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62
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The Loomis Sayles Senior Loan Fund, LLC |
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as Lender |
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By: |
Please See Following Page |
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Name: |
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Title: |
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63
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THE LOOMIS SAYLES SENIOR LOAN FUND, LLC |
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By Loomis Sayles and Company, L.P. |
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its manager |
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By Loomis Sayles and Company, Inc. |
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its general partner |
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/s/ Kevin J. Perry |
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By: |
Kevin J. Perry |
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Title: |
Vice President |
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64
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The Loomis Sayles Senior Loan Fund II LLC |
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as Lender |
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By: |
Please See Following Page |
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Name: |
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Title: |
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65
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THE LOOMIS SAYLES SENIOR LOAN FUND II LLC |
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By: Loomis, Sayles & Company, L.P., Its Managing Member |
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By: Loomis, Sayles & Company, Inc., Its General Partner |
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/s/ Kevin J. Perry |
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By: |
Kevin J. Perry |
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Title: |
Vice President |
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66
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Natixis Loomis Sayles Senior Loan Fund |
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as Lender |
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By: |
Please See Following Page |
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Name: |
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Title: |
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67
NATIXIS LOOMIS SAYLES
SENIOR LOAN FUND,
As Lender
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By: |
Loomis, Sayles and Company, L.P., |
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Its Manager |
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By: |
Loomis, Sayles and Company, Inc., |
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Its General Partner |
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By: |
/s/ John R. Bell |
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Name: |
John R. Bell |
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Title: |
Vice President |
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68
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Indosuez Capital Funding VI, LTD |
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By: |
Lyon Capital Management
LLC |
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Lyon Capital Management LLC
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as Lender |
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By: |
/s/ Sophie A. Venon |
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Name: |
Sophie A. Venon |
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Title: |
Portfolio Manager |
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69
LCM I LIMITED PARTNERSHIP
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By: |
Lyon Capital Management LLC, |
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As Collateral Manager |
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LYON CAPITAL MANAGEMENT LLC
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as Lender |
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By: |
/S/ Sophie A. Venon |
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Name: |
Sophie A. Venon |
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Title: |
Portfolio Manager |
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70
LCM II LIMITED PARTNERSHIP
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By: |
Lyon Capital Management LLC, |
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As Collateral Manager |
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LYON CAPITAL MANAGEMENT LLC
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as Lender |
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By: |
/S/ Sophie A. Venon |
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Name: |
Sophie A. Venon |
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Title: |
Portfolio Manager |
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71
LCM III, Ltd.
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By: |
Lyon Capital Management LLC, |
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As Collateral Manager |
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LYON CAPITAL MANAGEMENT LLC
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as Lender |
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By: |
/S/ Sophie A. Venon |
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Name: |
Sophie A. Venon |
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Title: |
Portfolio Manager |
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72
LCM IV, Ltd.
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By: |
Lyon Capital Management LLC, |
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As Collateral Manager |
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LYON CAPITAL MANAGEMENT LLC
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as Lender |
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By: |
/S/ Sophie A. Venon |
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Name: |
Sophie A. Venon |
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Title: |
Portfolio Manager |
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73
LCM V Ltd.
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By: |
Lyon Capital Management LLC, |
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As Collateral Manager |
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LYON CAPITAL MANAGEMENT LLC
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as Lender |
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By: |
/S/ Sophie A. Venon |
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Name: |
Sophie A. Venon |
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Title: |
Portfolio Manager |
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74
LCM VI, Ltd.
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By: |
Lyon Capital Management LLC, |
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As Collateral Manager |
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LYON CAPITAL MANAGEMENT LLC
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as Lender |
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By: |
/S/ Sophie A. Venon |
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Name: |
Sophie A. Venon |
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Title: |
Portfolio Manager |
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75
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MERRILL LYNCH CAPITAL CORPORATION |
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as Lender |
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By: |
/s/ Carol J.E. Feeley |
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Name: |
Carol J.E. Feeley |
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Title: |
Vice President |
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76
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Monumental Life Insurance Company |
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as Lender |
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By: |
/s/ John Bailey |
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Name: |
John Bailey |
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Title: |
Vice President |
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77
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MORGAN STANLEY BANK |
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as Lender |
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By: |
/s/ Daniel Twenge |
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Name: |
Daniel Twenge |
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Title: |
Authorized Signatory |
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78
Flatiron CLO 2007-1 Ltd.
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By: |
New York Life Investment Management LLC, |
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as Collateral Manager and Attorney-In-Fact |
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as Lender |
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By: |
/s/ F. David Melka |
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Name: |
F. David Melka |
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Title: |
Director |
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79
MainStay Floating Rate Fund,
a series of Eclipse Funds, Inc.
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By: |
New York Life Investment Management LLC, |
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as Investment Manager |
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as Lender |
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By: |
/s/ F. David Melka |
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Name: |
F. David Melka |
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Title: |
Director |
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80
MainStay VP Floating Rate Portfolio,
a series of MainStay VP Series Fund, Inc.
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By: New York Life Investment Management LLC |
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as Lender |
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By: |
/s/ F. David Melka |
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Name: |
F. David Melka |
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Title: |
Director |
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81
New York Life Insurance and Annuity Corporation
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By: |
New York Life Investment Management LLC, |
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Its Investment Manager |
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as Lender |
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By: |
/s/ F. David Melka |
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Name: |
F. David Melka |
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Title: |
Director |
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82
NYLIM Flatiron CLO 2003-1 Ltd.
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By: |
New York Life Investment Management LLC, |
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as Collateral Manager and Attorney-In-Fact |
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as Lender |
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By: |
/s/ F. David Melka |
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Name: |
F. David Melka |
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Title: |
Director |
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83
NYLIM Flatiron CLO 2003-1 Ltd.
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By: |
New York Life Investment Management LLC, |
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as Collateral Manager and Attorney-In-Fact |
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as Lender |
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By: |
/s/ F. David Melka |
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Name: |
F. David Melka |
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Title: |
Director |
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84
NYLIM Flatiron CLO 2005-1 Ltd.
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By: |
New York Life Investment Management LLC, |
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as Collateral Manager and Attorney-In-Fact |
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as Lender |
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By: |
/s/ F. David Melka |
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Name: |
F. David Melka |
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Title: |
Director |
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85
By: Mitsubishi UFJ Trust & Banking Corporation as Trustee
By: Nomura Corporate Research & Asset Management Inc.
Attorney In Fact
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Nomura Bond & Loan Fund |
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as Lender |
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By: |
/s/ Richard W. Stewart |
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Name: |
Richard W. Stewart |
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Title: |
Managing Director |
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86
Nomura Corporate Research
and Asset Management Inc.
as
Collateral Manager
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Clydesdale CLO 2003 Ltd. |
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as Lender |
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By: |
/s/ Richard W. Stewart |
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Name: |
Richard W. Stewart |
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Title: |
Managing Director |
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87
Nomura Corporate Research
and Asset Management Inc.
as
Investment Manager
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Clydesdale CLO 2005, Ltd. |
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as Lender |
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By: |
/s/ Richard W. Stewart |
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Name: |
Richard W. Stewart |
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Title: |
Managing Director |
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88
Nomura Corporate Research
and Asset Management Inc.
as
Investment Manager
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Clydesdale CLO 2007, Ltd. |
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as Lender |
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By: |
/s/ Richard W. Stewart |
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Name: |
Richard W. Stewart |
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Title: |
Managing Director |
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89
Nomura Corporate Research
and Asset Management Inc.
as
Investment Manager
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NCRAM Loan Trust |
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as Lender |
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By: |
/s/ Richard W. Stewart |
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Name: |
Richard W. Stewart |
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Title: |
Managing Director |
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90
Nomura Corporate Research
and Asset Management Inc.
as
Investment Manager
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NCRAM Senior Loan Trust 2005 |
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as Lender |
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By: |
/s/ Richard W. Stewart |
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Name: |
Richard W. Stewart |
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Title: |
Managing Director |
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91
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Addison CDO, Limited |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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92
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American Scandia Trust High Yield Portfolio |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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93
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DELANO Company |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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94
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Fairway Loan Funding Company |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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95
|
Loan Funding III LLC |
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By: |
Pacific Investment Management
Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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96
|
Mayport CLO Ltd. |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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97
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Met Investors Series Trust PIMCO Total Return Portfolio |
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By: |
Pacific Investment
Management Company LLC, as its |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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98
|
Pacific Select Managed Bond Fund |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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99
|
PVIT High Yield Bond Portfolio |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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100
|
PIMCO GIS High Yield Bond Fund |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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101
|
PIMCO High Yield Fund |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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102
|
PIMCO Floating Income Fund |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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103
|
PIMCO Corporate Opportunity Fund |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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104
|
PIMCO Floating Rate Income Fund |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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105
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PIMCO Floating Rate Strategy Fund |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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106
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PIMCO Cayman Global High Income Fund |
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By: |
Pacific Investment Management
Company, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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107
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PIMCO Corporate Income Fund |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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108
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PIMCO Global High Yield Strategy Fund |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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109
|
Southport CLO, Limited |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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110
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Waveland INGOTS, LTD. |
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By: |
Pacific Investment
Management Company LLC, |
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By: |
/s/ Arthur Y. D. Ong |
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Arthur Y. D. Ong |
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Senior Vice President |
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111
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DRYDEN
V-LEVERAGED LOAN CDO 2003 |
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Prudential Investment Management, Inc., as Collateral Manager
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By: |
/s/ William Pappas |
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Name: |
William Pappas |
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Title: |
Vice President |
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112
Loan Funding V. LLC
as Lender
Prudential Investment Management, Inc., as Portfolio Manager
|
By: |
/S/ William Pappas |
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Name: |
William Pappas |
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Title: |
Vice President |
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113
DRYDEN VII - LEVERAGED LOAN CDO 2004
as Lender
Prudential Investment Management, Inc., as Collateral Manager
|
By: |
/S/ William Pappas |
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Name: |
William Pappas |
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Title: |
Vice President |
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114
Dryden XVI - Leveraged Loan CDO 2006
as Lender
Prudential Investment Management, Inc., as Collateral Manager
|
By: |
/S/ William Pappas |
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Name: |
William Pappas |
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Title: |
Vice President |
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115
Ameriprise Certificate Company
as Lender
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By: |
/S/ Robin C. Stancil |
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Name: |
Robin C. Stancil |
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Title: |
Assistant Vice President |
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116
|
RiverSource Life Insurance |
|
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Company |
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as Lender |
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By: |
/S/ Robin C. Stancil |
|
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Name: |
Robin C. Stancil |
|
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Title: |
Assistant Vice President |
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117
|
RiverSource Bond Series, Inc. |
|
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as Lender |
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By: |
/S/ Robin C. Stancil |
|
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Name: |
Robin C. Stancil |
|
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Title: |
Assistant Vice President |
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118
|
Ameriprise Financial, Inc. |
|
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as Lender |
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By: |
/S/ Robin C. Stancil |
|
|
|
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Name: |
Robin C. Stancil |
|
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Title: |
Assistant Vice President |
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119
|
Centurion CDO VI, Ltd. |
|
|
By: RiverSource Investments, |
|
|
LLC as Collateral Manager |
|
|
as Lender |
|
|
By: |
/S/ Robin C. Stancil |
|
|
|
|
Name: |
Robin C. Stancil |
|
|
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Title: |
Director of Operations |
|
120
|
Centurion CDO VII, Ltd. |
|
|
By: RiverSource Investments, |
|
|
LLC as Collateral Manager |
|
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as Lender |
|
|
By: |
/S/ Robin C. Stancil |
|
|
|
|
Name: |
Robin C. Stancil |
|
|
|
Title: |
Director of Operations |
|
121
|
Centurion CDO 8,
Limited |
|
|
as Lender |
|
|
By: |
/S/ Robin C. Stancil |
|
|
|
|
Name: |
Robin C. Stancil |
|
|
|
Title: |
Director of Operations |
|
122
|
Centurion CDO 9, Ltd. |
|
|
as Lender |
|
|
By: |
/s/ Robin C. Stancil |
|
|
|
|
Name: |
Robin C. Stancil |
|
|
|
Title: |
Director of Operations |
|
123
|
Cent CDO 10, Ltd. |
|
|
as Lender |
|
|
By: |
/s/ Robin C. Stancil |
|
|
|
|
Name: |
Robin C. Stancil |
|
|
|
Title: |
Director of Operations |
|
124
|
Cent CDO XI, Limited |
|
|
as Lender |
|
|
By: |
/s/ Robin C. Stancil |
|
|
|
|
Name: |
Robin C. Stancil |
|
|
|
Title: |
Director of Operations |
|
125
|
Cent CDO 12 Limited |
|
|
as Lender |
|
|
By: |
/s/ Robin C. Stancil |
|
|
|
|
Name: |
Robin C. Stancil |
|
|
|
Title: |
Director of Operations |
|
126
|
Cent CDO 14 Limited |
|
|
as Lender |
|
|
By: |
/s/ Robin C. Stancil |
|
|
|
|
Name: |
Robin C. Stancil |
|
|
|
Title: |
Director of Operations |
|
127
|
Sequils Centurion V,
Ltd. |
|
|
as Lender |
|
|
By: |
/s/ Robin C. Stancil |
|
|
|
|
Name: |
Robin C. Stancil |
|
|
|
Title: |
Director of Operations |
|
128
|
Société Générale |
|
|
as Lender |
|
|
By: |
/s/ Yao Wang |
|
|
|
|
Name: |
Yao Wang |
|
|
|
Title: |
Vice President |
|
129
|
Stanfield Amage CLO
Ltd. |
|
|
as Lender |
|
|
By: |
/s/ David Frey |
|
|
|
|
Name: |
David Frey |
|
|
|
Title: |
Managing Director |
|
130
|
Stanfield/RMF Transatlantic CDO Ltd. By: Stanfield Capital
Partners LLC |
|
|
as Lender |
|
|
By: |
/s/ David Frey |
|
|
|
|
Name: |
David Frey |
|
|
|
Title: |
Managing Director |
|
131
T. Rowe Price
Institutional Floating Rate Fund
|
as Lender |
|
|
By: |
/s/ Justin Gerbereux |
|
|
|
|
Name: |
Justin Gerbereux |
|
|
|
Title: |
Portfolio Manager |
|
132
UBS AG, Stamford Branch
|
|
|
|
as Lender |
|
|
By: |
/s/ Douglas Gervolino |
|
|
|
|
Name: |
Douglas Gervolino |
|
|
|
Title: |
Director |
|
|
By: |
/s/ Leslie Evans |
|
|
|
|
Name: |
Leslie Evans |
|
|
|
Title: |
Associate Director |
|
133
|
Union Bank of California, N.A. |
|
|
as Lender |
|
|
By: |
/s/ Susan K. Johnson |
|
|
|
|
Name: |
Susan K. Johnson |
|
|
|
Title: |
Vice President |
|
134
ANNEX A