1 EXHIBIT 10.24 THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT THIS THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") and limited conditional waiver (the "Waiver") are dated as of the 29th day of...
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EXHIBIT 10.24
THIRD AMENDMENT TO THIRD AMENDED
AND RESTATED CREDIT AGREEMENT
THIS THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT
AGREEMENT (this "Amendment") and limited conditional waiver (the "Waiver") are
dated as of the 29th day of December, 1997, and entered into among Clear Channel
Communications, Inc., a Texas corporation (herein, together with its successors
and assigns, called the "Company"), the Lenders (as defined in the Credit
Agreement as defined below), NATIONSBANK OF TEXAS, N.A., a national banking
association, as Administrative Lender for itself and the Lenders (the
"Administrative Lender"), THE FIRST NATIONAL BANK OF BOSTON, as Documentation
Agent, BANK OF MONTREAL, as Co-Syndication Agent and TORONTO DOMINION (TEXAS),
INC., as Co-Syndication Agent.
WITNESSETH:
WHEREAS, the Company, the Lenders and the Administrative Lender entered
into a Third Amended and Restated Credit Agreement, dated April 10, 1997 (as
amended, restated or otherwise modified from time to time, the "Credit
Agreement");
WHEREAS, the Company, the Lenders and the Administrative Lender entered
into a First Amendment to the Third Amended and Restated Credit Agreement, dated
as of September 17, 1997;
WHEREAS, the Company, the Lenders and the Administrative Lender entered
into a Second Amendment to the Third Amended and Restated Credit Agreement,
dated as of November 7, 1997;
WHEREAS, the Company has informed the Administrative Lender that an
Event of Default has been triggered under the Credit Agreement as a result of
its Restricted Subsidiaries incurring in excess of $20,000,000 in Indebtedness
in violation of Section 7.1(h) of the Credit Agreement and requested a Waiver of
the corresponding Event of Default pursuant to Sections 8.01 (a), 8.1(c) and
8.1(e) of the Credit Agreement;
WHEREAS, the Company has requested that the Credit Agreement be amended
to extend by one year the period during which a non-binding post-closing
syndication may occur;
WHEREAS, the Company has requested that the Credit Agreement be amended
to allow for an increase in the general Indebtedness basket from $20,000,000 to
$50,000,000;
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WHEREAS, the Lenders, the Administrative Lender and the Company have
agreed to amend the Credit Agreement and waive the Event of Default upon the
terms and conditions set forth below;
NOW, THEREFORE, for valuable consideration hereby acknowledged, the
Company, the Lenders and the Administrative Lender agree as follows:
SECTION 1. Definitions.
(a) In General. Unless specifically defined or redefined below,
capitalized terms used herein shall have the meanings ascribed thereto in the
Credit Agreement.
(b) Definition of Syndication Date. The definition of "Syndication
Date" is hereby amended and restated in its entirety as follows:
"Syndication Date" means the earlier of (a) the date notice is
delivered to Borrower informing Borrower that the Commitment has
increased to an amount not to exceed $2,000,000,000 and is available to
be drawn as designated by Borrower or (b) December 31, 1998; provided,
however, that no more than one such syndication shall occur during such
period.
SECTION 2. Section 5.13. Section 5.13 of the Credit Agreement is hereby
amended and restated in its entirety to read as follows:
Section 5.13 Syndication. The Borrower shall assist the
Administrative Lender and the Lenders in attempting to syndicate up to
an additional $250,000,000 in excess of $1,750,000,000; it being
understood that neither the Administrative Lender nor any Lender is
obligated to syndicate such additional $250,000,000 or participate or
obtain other lenders to participate in such syndication. The Borrower's
assistance shall include, without limitation, (a) providing all
information reasonably deemed necessary by the Administrative Lender
and its Affiliates to assist in such syndication, (b) making available
appropriate officers and representatives of the Borrower and its
Subsidiaries to participate in information meetings for potential
syndicate members and participants as the Administrative Lender and its
Affiliates may reasonably request, and (c) in assembling and updating
from time to time an information package for delivery to potential
syndicate members and participants (the "Syndication Book"). The
Borrower agrees it will be responsible for the contents of the
Syndication Book (insofar as information furnished by it is concerned)
and prior to dissemination by the Administrative Lender and its
Affiliates of the Syndication Book. The Borrower will notify
Administrative Lender and Lenders on or before December 31, 1998 of any
increase in the Commitment above $1,750,000,000 as a result of any
syndication.
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SECTION 3. Section 7.1(h). Section 7.1(h) of the Credit Agreement is
hereby amended and restated in its entirety to read as follows:
(a) Indebtedness (in addition to the Indebtedness otherwise
permitted pursuant to this Section 7.1) of its Restricted Subsidiaries
not to exceed $50,000,000 in aggregate principal amount outstanding at
any time; and
SECTION 4. Limited Conditional Waiver. The Company's request for a
limited conditional waiver of its violation of Section 7.1(h) of the Credit
Agreement caused by the incurrence of approximately $26,000,000 of Indebtedness
by its Restricted Subsidiaries as a result of the Indebtedness of ▇▇▇▇▇ Media
resulting from its acquisitions and the related Events of Default pursuant to
Sections 8.1(a), 8.1(c) and 8.01(e) of the Credit Agreement are hereby granted
on a one-time only basis subject to the conditions precedent stated below.
SECTION 5. Conditions Precedent. This Third Amendment shall not be
effective until the Administrative Lender shall have received executed signature
pages from the Company, the Administrative Lender and Determining Lenders.
SECTION 6. Representations and Warranties. The Company represents and
warrants to the Lenders and the Administrative Lender that (a) this Third
Amendment constitutes its legal, valid, and binding obligation, enforceable in
accordance with the terms hereof (subject as to enforcement of remedies to any
applicable bankruptcy, reorganization, moratorium, or other laws or principles
of equity affecting the enforcement of creditors' rights generally), (b) there
exists no Default or Event of Default under the Credit Agreement other than as
identified herein, (c) its representations and warranties set forth in the
Credit Agreement and other Loan Documents are true and correct on the date
hereof, (d) it has complied with all agreements and conditions to be complied
with by it under the Credit Agreement and the other Loan Documents by the date
hereof, and (e) the Credit Agreement, as amended hereby, and the other Loan
Documents remain in full force and effect.
SECTION 7. Entire Agreement; Ratification. THE CREDIT AGREEMENT AND
THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND
MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL
AGREEMENT OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE
PARTIES. EXCEPT AS MODIFIED OR SUPPLEMENTED HEREBY, THE CREDIT AGREEMENT, THE
OTHER LOAN DOCUMENTS AND ALL OTHER DOCUMENTS AND AGREEMENTS EXECUTED IN
CONNECTION THEREWITH SHALL CONTINUE IN FULL FORCE AND EFFECT.
SECTION 8. Counterparts. This Third Amendment may be executed in any
number of counterparts, all of which taken together shall constitute one and the
same instrument. In making
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proof hereof, it shall not be necessary to produce or account for any
counterpart other than one signed by the party against which enforcement is
sought.
SECTION 9. GOVERNING LAW. THIS THIRD AMENDMENT SHALL BE CONSTRUED IN
ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, BUT GIVING EFFECT TO
THE FEDERAL LAWS OF THE UNITED STATES.
SECTION 10. CONSENT TO JURISDICTION. THE COMPANY HEREBY IRREVOCABLY
SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL OR TEXAS
STATE COURT SITTING IN DALLAS IN ANY ACTION OR PROCEEDING ARISING OUT OF OR
RELATING TO ANY LOAN DOCUMENTS AND THE COMPANY IRREVOCABLY AGREES THAT ALL
CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN
ANY SUCH COURT AND IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE
AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURT
OR THAT SUCH COURT IS AN INCONVENIENT FORUM. NOTHING HEREIN SHALL LIMIT THE
RIGHT OF THE ADMINISTRATIVE LENDER OR ANY LENDER TO BRING PROCEEDINGS AGAINST
THE COMPANY IN THE COURTS OF ANY OTHER JURISDICTION. ANY JUDICIAL PROCEEDING BY
THE COMPANY AGAINST THE ADMINISTRATIVE LENDER OR ANY LENDER OR ANY AFFILIATE OF
THE ADMINISTRATIVE LENDER OR ANY LENDER INVOLVING, DIRECTLY OR INDIRECTLY, ANY
MATTER IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH ANY LOAN PAPER
SHALL BE BROUGHT ONLY IN A COURT IN DALLAS, TEXAS.
SECTION 11. WAIVER OF JURY TRIAL. THE COMPANY, THE
ADMINISTRATIVE LENDER AND EACH LENDER HEREBY WAIVES TRIAL BY JURY IN ANY
JUDICIAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER (WHETHER
SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF, RELATED TO,
OR CONNECTED WITH ANY LOAN PAPER OR THE RELATIONSHIP ESTABLISHED THEREUNDER.
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THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, this Third Amendment to Third Amended and Restated
Credit Agreement is executed as of the date first set forth above.
CLEAR CHANNEL COMMUNICATIONS, INC.
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Title: CFO
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NATIONSBANK OF TEXAS, N.A.,
Individually and as Administrative Lender
/s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
----------------------
By: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
Its: Vice President
▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
Title: Vice President
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BANKBOSTON, N.A., formerly
known as THE FIRST NATIONAL
BANK OF BOSTON, as a Lender
and as Documentation Agent
By:
---------------------------------
Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Director
▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇ ▇▇▇▇▇
Title: Vice President
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BANK OF MONTREAL, as a Lender and as Co-
Syndication Agent
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇
Title: Director
▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇ ▇▇▇▇▇▇▇▇▇
Title: Associate
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TORONTO DOMINION (TEXAS), INC., as a
Lender and as Co-Syndication Agent
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇ ▇▇▇▇▇▇
Title: Vice President
Houston Agency
▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇ ▇▇▇▇▇▇▇
Title:
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ABN AMRO BANK, N.V., HOUSTON AGENCY
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇
Title: Group Vice President
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇
---------------------------------
Name: ▇▇▇▇▇ ▇. ▇▇▇
Title: Vice President
▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇. ▇▇▇▇▇▇ ▇. ▇▇▇▇
Title: Group Vice President
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BANK BRUSSELS ▇▇▇▇▇▇▇,
New York Branch
By:
---------------------------------
Name:
Title:
By:
---------------------------------
Name:
Title:
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇ Hallsteen
Title: Vice President
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BANK OF HAWAII
By: /s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Title:
-▇▇-
▇▇
▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ - ▇▇▇▇▇▇ ▇▇▇▇▇▇
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
---------------------------------
Name:
Title:
Corporate Banking, ▇-▇, ▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇
Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Vice President
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▇▇
▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇.
---------------------------------
Name: ▇▇▇▇▇▇ ▇▇▇▇, ▇▇.
Title: Senior Vice President
▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇ ▇▇▇▇
Title:
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▇▇
▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Authorized Signatory
▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Relationship Manager
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NATEXIS BANQUE BFCE, (formerly known as
Banque Francaise Du Commerce Exterieur)
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇ ▇▇▇▇▇▇
Title: Vice President
By: /s/ ▇▇▇▇ ▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇ ▇▇▇▇▇
Title: Associate
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title:
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BANQUE PARIBAS
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇ ▇▇▇▇▇▇
Title: Vice President
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Managing Director
▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇
▇▇▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
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BARCLAYS BANK PLC
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Associate Director
BZW Division
▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
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CREDIT AGRICOLE INDOSUEZ
(f/k/a Caisse Nationale De
Credit Agricole)
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇ ▇▇▇▇▇▇
Title: Senior Vice President
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇, F.V.P.
---------------------------------
Name: ▇▇▇▇▇ ▇▇▇▇▇, F.V.P.
Title: Head of Corporate Banking
▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇ ▇▇▇▇▇▇▇
Title: Vice President
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THE CHASE MANHATTAN BANK, N.A.
By:
---------------------------------
Name:
Title:
▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇ ▇▇▇▇▇▇
Title: Managing Director
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CIBC INC.
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇ ▇▇▇▇▇
Title: EXECUTIVE DIRECTOR, CIBC
▇▇▇▇▇▇▇▇▇▇▇ Corp., AS AGENT
▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇ ▇▇▇▇▇
Title: EXECUTIVE DIRECTOR, CIBC
▇▇▇▇▇▇▇▇▇▇▇ Corp., AS AGENT
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COMPAGNIE FINANCIERE DE CIC ET DE
L'UNION EUROPEENNE
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇▇▇ ▇▇▇▇
Title: Vice President
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇
Title: Vice President
▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇
Title: Vice President
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CORESTATES BANK, N.A.
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Vice President
▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Vice President
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CREDIT SUISSE FIRST BOSTON
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Vice President
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Director
Eleven Madison Avenue
19th Floor
New York, New York 10010-3629
Attn: ▇▇▇ ▇▇▇▇▇▇▇
Title: Managing Director
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CRESTAR BANK
By: /s/ J. ▇▇▇▇ ▇▇▇▇▇▇▇
---------------------------------
Name: J. ▇▇▇▇ ▇▇▇▇▇▇▇
Title: Vice President
▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇ ▇▇▇▇▇▇▇
Title: Vice President
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THE DAI-ICHI KANGYO BANK, LTD.
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Vice President
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Vice President
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FIRST UNION NATIONAL BANK
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇ ▇▇▇▇▇▇
Title: Senior Vice President
Capital Markets Group - Communications
One First Union Center
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
Attn: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
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FLEET BANK, N.A.
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
Mail Stop NYNYS16K
1185 Avenue of the ▇▇▇▇▇▇▇▇
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Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
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29
THE FUJI BANK, LIMITED
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ III
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Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ III
Title: Vice President & Manager
One Houston Center
Suite 4100
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Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ III
Title: Vice President and Manager
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30
HIBERNIA NATIONAL BANK
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
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Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
Title: Vice President
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Attn: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
Title: Vice President
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31
INDUSTRIAL BANK OF JAPAN
By: /s/ ▇▇▇▇▇ ▇▇▇▇
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Name: ▇▇▇▇▇ ▇▇▇▇
Title: Vice President
1251 Avenue of the Americas
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Attn: ▇▇▇▇ ▇▇▇▇
Title:
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32
KEY CORPORATE CAPITAL INC.
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
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Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Vice President
Media & Telecommunications Finance
Division
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Attn: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Assistant Vice President
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33
THE LONG-TERM CREDIT BANK OF JAPAN,
LIMITED, NEW YORK BRANCH
By:
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Name:
Title:
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34
MELLON BANK, N.A.
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
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Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Vice President
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Attn: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Vice President
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35
MICHIGAN NATIONAL BANK
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
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Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Vice President
Specialty Industries 10-36
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Attn: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Vice President
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36
THE MITSUBISHI TRUST AND BANKING
CORPORATION
By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
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Name: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Senior Vice President
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Attn: ▇▇▇▇▇ ▇▇▇▇▇▇
Title: Vice President
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37
PNC BANK, NATIONAL ASSOCIATION
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
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Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Vice President
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Attn: ▇▇▇▇ ▇▇▇▇▇▇
Title: Vice President
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38
THE ROYAL BANK OF SCOTLAND, PLC
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
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Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Title: Vice President
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Attn: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Title: Vice President
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39
THE SANWA BANK, LIMITED
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇
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Name: ▇▇▇▇ ▇▇▇▇▇▇
Title: Assistant Vice President
▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Tower
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Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Vice President
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40
SOCIETE GENERALE
By: /s/ ▇▇▇▇ ▇▇▇▇▇
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Name: ▇▇▇▇ ▇▇▇▇▇
Title: Vice President
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Attn: ▇▇▇▇ ▇▇▇▇▇
Title:
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41
THE SUMITOMO BANK, LIMITED
By: /s/ ▇▇▇▇▇ ▇▇▇▇
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Name: ▇▇▇▇▇ ▇▇▇▇
Title: Joint General Manager
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Attn: ▇▇▇▇▇▇ ▇▇▇▇▇
Title:
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42
SUNTRUST BANK, CENTRAL FLORIDA, N.A.
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇
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Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Vice President
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Attn: ▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: First Vice President
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43
THE TOYO TRUST & BANKING COMPANY,
LTD., NEW YORK BRANCH
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
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Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
Title: Vice President
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
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Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Vice President
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▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇, N.A.
By: /s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇
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Name: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Title: Vice President
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Attn: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇
Title: Vice President
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45
WACHOVIA BANK OF GEORGIA, N.A.
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
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Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
Title: Senior Vice President
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28th Floor, Mail Code 370
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Attn: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Vice President
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