Settlement Option. The undersigned Existing Term Lender hereby irrevocably and unconditionally approves of, and consents to, the Amendment and having 100% of the outstanding principal amount of the Original Initial Term Loans held by such Existing Term Lender repaid on the Fourth Amendment Effective Date and to purchase by assignment Tranche B Term Loans in a like principal amount. By choosing this option, each undersigned Existing Term Lender hereby acknowledges and agrees that the Administrative Agent may, in its sole discretion, elect not to allocate Tranche B Term Loans to such Existing Term Lender or to allocate less than 100% of the principal amount of such Existing Term Lender’s Original Initial Term Loans in Tranche B Term Loans. PARK AVENUE INSTITUTIONAL ADVISERS CLO LTD. 2016-1 By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director If a second signature is necessary: By: Name: Title: Name of Fund Manager (if any): Exhibit A [Form of Lender Signature Page to Amendment] The undersigned, a Lender holding Original Initial Term Loans (“you”), hereby consents to the Fourth Amendment to that certain First Lien Credit Agreement, dated as of August 20, 2015 (as amended, amended and restated, supplemented or otherwise modified prior to the date hereof, including by an Increase Supplement dated as of November 30, 2015, by the First Amendment to First Lien Credit Agreement dated as of November 30, 2015, by an Increase Supplement dated as of October 5, 2016, by the Second Amendment to First Lien Credit Agreement dated as of October 5, 2016, by an Increase Supplement dated as of January, 31, 2017 and by the Third Amendment to First Lien Credit Agreement dated as of January, 31, 2017, the “Existing First Lien Credit Agreement”), among LBM BORROWER, LLC, a Delaware limited liability company (the “Borrower”), LBM MIDCO, LLC, a Delaware limited liability company (“Holding”), the Lenders party hereto and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”) and as Collateral Agent (in such capacity, the “Collateral Agent”) and the Lenders party thereto, which is proposed to be dated on or around August, 14 2017 and to be entered into among the Borrower, Holding, the several banks and financial institutions parties thereto as Lenders and the Administrative Agent (the “Amendment”) and to the attachment of this Existing Term Lender Signature Page to the Amendment. Capitalized terms used and not otherwise defined herein sh...
Settlement Option. The Company and the Trust Designee may select a settlement option as provided in the Policies at the time of distribution.
Settlement Option. Hereby (i) elects to have the full amount (or such lesser amount allocated to such Converting Lender by the Lead Arrangers) of the outstanding Existing Term Loans of such Repricing Participating Lender repaid or purchased and agrees to promptly (but in any event, on or prior to the date that is 30 days following the Amendment No. 1 Effective Date) purchase (via assignment and assumption) an equal amount of Tranche B-1 Term Loans and (ii) represents and warrants to the Term Administrative Agent that it has the organizational power and authority to execute, deliver and perform its obligations under this Tranche B-1 Participation Notice and the Amendment (including, without limitation, with respect to any exchange contemplated hereby) and has taken all necessary corporate and other organizational action to authorize the execution, delivery and performance of this Tranche B-1 Participation Notice and the Amendment. [Signature Page Follows] Very truly yours, By: Name: Title: By: Name: Title: Schedule 1.1(c) TRANCHE B-1 TERM LOANS Lender Commitment Royal Bank of Canada $ 35,194,792.51 Converting Lenders $ 757,817,707.52 TOTAL $ 793,012,500.03
Settlement Option. Computations The 1983 Group Annuity Mortality Table with interest at three percent (3%) per year, compounded annually, is used to compute all guaranteed settlement option factors, values, and benefits under this Contract. Available Settlement Options The available settlement options are set out below. Option A Income for a Fixed Period We will make periodic payments for a fixed period. The first payment will be paid as of the last day of the initial Payment Interval. The maximum time over which payments will be made by us or money will be held by us is thirty (30) years. The Option A Table applies to this Option.
Settlement Option. If the Annuitant is living on the Maturity Date, payment must be made in accordance with Option 4 under ANNUITY OPTIONS unless you elect another form of Annuity Option and furnish us a qualified election which meets the requirements of Section 417 of the Code. AMENDMENT Notwithstanding any provision to the contrary in this contract or the qualified pension or profit-sharing plan of which this contract is a part, we reserve the right to amend or modify the contract or any rider or endorsement thereto, to the extent necessary to comply with any law, regulation or other requirement in order to establish or maintain the qualified status of the plan. Any such amendment or modification may be made retroactively effective if necessary or appropriate to conform to the conditions imposed by such law, regulation or other requirement. THE TRAVELERS LIFE AND ANNUITY COMPANY /s/ GEOXXX X XXXXXXX President TAX LAW QUALIFICATION RIDER This rider is made a part of this contract as its Contract Date in order to comply with the tax rules under Section 72(s) of the Code for required distributions upon the death of any contract owner. The provisions in this rider supersede any contrary provisions in the contract. The following conditions, restrictions and limitations must apply to maintain the tax qualified status of your Annuity.
Settlement Option. ¨ to deem prepaid 100% of the outstanding principal amount of the Existing Term Loans held by such Lender (or such lesser amount allocated to such Lender by the Administrative Agent) with proceeds of a new Extension Term Loan in a like principal amount. Assignment Settlement Option ¨ to have 100% of the outstanding principal amount of the Existing Term Loans held by such Lender prepaid on the Extension Amendment Effective Date and to purchase by assignment new Extension Term Loans in a like principal amount (or such lesser amount allocated to such Lender by the Administrative Agent).
Settlement Option. The Insurer has the option to pay to the Insured the full amount of the Insurer’s liability under Section 2, or any lesser amount for which the claim can be settled, plus costs and expenses incurred to date. The Insurer will then give up the conduct of the defence or proceedings. The Insurer will not be liable for any further costs or expenses after this.
Settlement Option. The undersigned Existing Term Lender hereby irrevocably and unconditionally approves of, and consents to, the Amendment and having 100% of the outstanding principal amount of the Original Initial Term Loans held by such Existing Term Lender repaid on the Fourth Amendment Effective Date and to purchase by assignment Tranche B Term Loans in a like principal amount. By choosing this option, each undersigned Existing Term Lender hereby acknowledges and agrees that the Administrative Agent may, in its sole discretion, elect not to allocate Tranche B Term Loans to such Existing Term Lender or to allocate less than 100% of the principal amount of such Existing Term Lender’s Original Initial Term Loans in Tranche B Term Loans.
Settlement Option. The undersigned Existing Term Lender hereby irrevocably and unconditionally approves of, and consents to, the Amendment and having 100% of the outstanding principal amount of the Original Initial Term Loans held by such Existing Term Lender repaid on the Fourth Amendment Effective Date and to purchase by assignment Tranche B Term Loans in a like principal amount. By choosing this option, each undersigned Existing Term Lender hereby acknowledges and agrees that the Administrative Agent may, in its sole discretion, elect not to allocate Tranche B Term Loans to such Existing Term Lender or to allocate less than 100% of the principal amount of such Existing Term Lender’s Original Initial Term Loans in Tranche B Term Loans. XX Xxxxxxxxx Floating Rate Income Fund Mackenzie Strategic Bond Fund Mackenzie Canadian All Cap Balanced Fund Mackenzie Income Fund Manulife Sentinel Income (33) Fund UT Great-West Life Income Fund 6.06M London Life Income Fund 2.26XX Xxxxxxxxx Canadian Growth Balanced Fund Mackenzie Canadian Large Cap Balanced Fund Xxxxxxxxx Xxx Canadian Balanced Fund Great West Life Growth & Income Fund 6.05M London Life Growth & Income Fund 2.27XX Xxxxxxxxx Ivy Global Balanced Fund Mackenzie Cundill Canadian Balanced Fund Mackenzie Canadian Short Term Income Fund Mackenzie Strategic Income Fund XX Xxxxxxxxx Strategic Income Fund Mackenzie Floating Rate Income Fund Mackenzie Global Tactical Bond Fund Mackenzie Global Strategic Income Fund Mackenzie Unconstrained Fixed Income Fund Mackenzie Unconstrained Bond ETF Mackenzie Floating Rate Income ETF Mackenzie Core Plus Canadian Fixed Income ETF By: /s/ Movin Mokbel Name: Movin Mokbel Title: VP, Investments If a second signature is necessary: By: /s/ Xxxxxxxxxx Xxxxxxx Name: Xxxxxxxxxx Xxxxxxx Title: VP, Investments Name of Fund Manager (if any): Mackenzie Financial Corporation Exhibit A [Form of Lender Signature Page to Amendment] The undersigned, a Lender holding Original Initial Term Loans (“you”), hereby consents to the Fourth Amendment to that certain First Lien Credit Agreement, dated as of August 20, 2015 (as amended, amended and restated, supplemented or otherwise modified prior to the date hereof, including by an Increase Supplement dated as of November 30, 2015, by the First Amendment to First Lien Credit Agreement dated as of November 30, 2015, by an Increase Supplement dated as of October 5, 2016, by the Second Amendment to First Lien Credit Agreement dated as of October 5, 2016, by an Increase Sup...
Settlement Option. If the Annuitant is living on the Maturity Date, payment must be made in accordance with Option 4 under ANNUITY OPTIONS unless you elect another form of Annuity Option and furnish us a qualified election which meets the requirements of Section 417 of the Code. AMENDMENT Notwithstanding any provision to the contrary in this contract or the qualified pension or profit-sharing plan of which this contract is a part, we reserve the right to amend or modify the contract or any rider or endorsement thereto, to the extent necessary to comply with any law, regulation or other requirement in order to establish or maintain the qualified status of the plan. Any such amendment or modification may be made retroactively effective if necessary or appropriate to conform to the conditions imposed by such law, regulation or other requirement. THE TRAVELERS LIFE AND ANNUITY COMPANY /s/ M.A XXXXXXXXX President TL-22150 TLAC Ed. 04-97
