Exhibit 10.24
SECOND AMENDMENT TO
SECOND AMENDED & RESTATED CREDIT AGREEMENT
This Second Amendment to Second Amended & Restated Credit Agreement is
dated as of September 9, 1999 and is by and between Ply Gem Industries,
Inc., a Delaware corporation (the "Company"), the Designated Subsidiaries
party to the Credit Agreement (as defined below), the Banks party to the
Credit Agreement (as defined below) and Fleet National Bank, as the Agent
for the Banks (in such capacity, together with its successors in such
capacity, the "Agent").
The parties hereto mutually agree as follows:
1. Capitalized terms used herein and not expressly defined herein
shall have the respective meanings assigned thereto in that
certain Second Amended and Restated Credit Agreement dated as of
August 26, 1997, amended and restated as of December 30, 1998 and
amended as of April 22, 1999, among the Company, said Designated
Subsidiaries, said Banks and the Agent (the "Credit Agreement").
2. The following recitals are accurate:
WHEREAS, on or about the date of this Second Amendment to
Second Amended and Restated Credit Agreement, KBP Acquisition
Corp., Inc., a Delaware corporation ("KBP") and a wholly-owned
subsidiary of the Company, is being merged into Kroy Building
Products, Inc., a Delaware corporation ("Kroy") with the result
that Kroy shall thereupon become a wholly-owned Subsidiary of the
Company and the existing shareholders of Kroy shall receive the
agreed upon cash consideration in accordance with the Agreement
and Plan of Merger dated as of August 17, 1999 among the Company,
KBP, Kroy & Specialty Materials and Chemicals II Limited
Partnership, as Agent; and
WHEREAS, Nortek has caused one of its affiliates to loan
sufficient funds to KBP to provide the consideration to the
shareholders of Kroy in accordance with the above-referenced
Agreement and Plan of Merger, and
WHEREAS, Kroy is the account party on the Existing Kroy L/C
(as hereinafter defined); and
WHEREAS, the Company has requested the Banks to amend the
Credit Agreement to permit Fleet to issue a substitute letter of
credit in replacement of the Existing Kroy L/C; and
WHEREAS, such stand-by letter of credit will be used to
refinance the Existing Kroy L/C (as hereinafter defined); and
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WHEREAS, the Banks have agreed to amend the Credit Agreement
and Fleet has agreed to issue the requested stand-by letter of
credit for the account of the Company, in each case on the terms
and conditions of the Credit Agreement, as amended by this Second
Amendment to Second Amended and Restated Credit Agreement;
3. Subsection 1.1 of the Credit Agreement is hereby amended,
effective as of the date hereof, in the following respects:
(a) The definition of "Account Party" is deleted and replaced in
its entirety by the following definition:
""Account Party" shall mean with respect to (i) each
Company L/C, the Company or any Designated Subsidiary, as
the case may be, in its capacity as the Person for the
account of which such Company L/C is issued or deemed
issued, (ii) the Napco L/C, the Company, and (iii) the Kroy
L/C, the Company."
(b) The definition of "Commitment" is deleted and replaced in
its entirety by the following definition:
""Commitment" shall mean, as to any Bank, its
obligation to make or maintain Company Loans pursuant to
subsection 2.1 and participate in L/Cs in an aggregate
amount not to exceed at any one time outstanding the amount
set forth on Schedule I under the heading "Commitment", as
such amount may be adjusted from time to time pursuant to
subsection 2.6, 2.8 or 9.7; and, as to Fleet in its capacity
as issuing bank, its obligation to issue and maintain
Company L/Cs, the Napco L/C and the Kroy L/C in an aggregate
amount not to exceed at any time outstanding the Company L/C
Sublimit, the Napco Commitment and the Kroy Commitment,
respectively, as such amounts may be reduced from time to
time pursuant to subsection 2.6."
(c) The definition of "Company L/C" is deleted and replaced
in its entirety by the following definition:
""Company L/C" shall mean each Stand-by L/C and Trade L/C
issued or deemed issued under this Agreement for the
account of the Company or any Designated Subsidiary other
than the Napco L/C or the Kroy L/C."
(d) The definition of "Consolidated EBIT" is deleted and
replaced in its entirety by the following definition:
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""Consolidated EBIT" shall mean, for any period, the
sum of (a) Consolidated Net Income for such period, plus (b)
all taxes based upon income deducted in calculating such
Consolidated Net Income plus (c), to the extent deducted in
calculating Consolidated Net Income, Consolidated Interest
Expense and consolidated amortization of Debt Discount and
of expenses incurred in connection with the incurrence of
Indebtedness for such period, plus (d) all extraordinary
losses and the unusual losses set forth in clauses (i)
through (ix) below in each case to the extent deducted in
calculating Consolidated Net Income, plus (e) the amount of
the Nortek Administrative Fee and interest on Approved
Nortek Loans accrued during such period, minus (f) all
extraordinary gains and the unusual gains set forth in
clauses (i) through (ix) below in each case to the extent
included in calculating Consolidated Net Income: (i) gain or
loss arising from the sale, abandonment or other disposition
of any property or asset outside of the ordinary course of
business or realized on the disposition of a segment of a
business; (ii) gain or loss resulting from any
extinguishments of debt; (iii) gain or loss resulting from a
casualty, including but not limited to fire, earthquake or
hurricane; (iv) loss resulting from write-off of intangible
assets; (v) gain arising from the write-up in the book value
of any asset; (vi) provisions for plant closings and
realignment of operations or restructuring costs; (vii)
cumulative effects of changes in accounting principles;
(viii) losses from expropriation or condemnation; and (ix)
gain or loss arising from a change from FIFO to LIFO
inventory accounting, provided that for any portion of any
period ending on or before October 9, 1998, such amounts
shall be calculated on a pro forma basis giving effect to
the Napco Acquisition as though the Napco Acquisition had
occurred at the beginning of such period and for any period
ending on or prior to the effective date of the Second
Amendment, such amounts shall be calculated on a pro forma
basis giving effect to the Kroy Acquisition as though the
Kroy Acquisition had occurred at the beginning of such
period."
(e) The definition of "Consolidated EBITDA" is deleted and
replaced in its entirety by the following definition:
""Consolidated EBITDA" shall mean, for any period, the
sum of (a) Consolidated EBIT, plus (b) depreciation expense
plus (c) amortization expense, in each case of the Company
and its Subsidiaries determined on a consolidated basis in
accordance with GAAP for such period, provided that for any
portion of any period ending on or before October 9, 1998,
such amounts shall be calculated on a pro forma basis giving
effect to the Napco Acquisition as though the Napco
Acquisition had occurred at the beginning of such period and
for any period ending on or prior to the effective date of
the Second Amendment, such amount shall be calculated on a
pro forma basis giving effect to the Kroy Acquisition as
though the Kroy Acquisition had occurred at the beginning of
such period."
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(f) The definition of "Consolidated Interest Expense" is deleted
and replaced in its entirety by the following definition:
""Consolidated Interest Expense" shall mean, for any
period, (a) the aggregate amount of all interest charges
paid or accrued during such period (including imputed
interest on obligations consisting of Financing Leases and
all amounts accrued or paid pursuant to Hedge Agreements but
excluding amortization of Debt Discount and of expenses
incurred in connection with the incurrence of Indebtedness)
on Indebtedness of the Company and its consolidated
Subsidiaries, minus (b) the sum of (i) interest income and
(ii) all amounts received or receivable pursuant to Hedge
Agreements, in each case of the Company and its Subsidiaries
determined on a consolidated basis, provided that for any
portion of any period ending on or before October 9, 1998,
such amounts shall be calculated on a pro forma basis giving
effect to the Napco Acquisition as though the Napco
Acquisition had occurred at the beginning of such period and
for any period ending on or prior to the effective date of
the Second Amendment, such amount shall be calculated on a
pro forma basis giving effect to the Kroy Acquisition as
though the Kroy Acquisition had occurred at the beginning of
such period."
(g) The definition of "Consolidated Net Income" is deleted and
replaced in its entirety by the following definition:
""Consolidated Net Income" shall mean, for any period,
the amount which, in conformity with GAAP, would be set
opposite the caption "net income" (or any like caption) on a
consolidated statement of income of the Company and its
consolidated Subsidiaries for such period; provided that for
any portion of any period ending on or before October 9,
1998, such amounts shall be calculated on a pro forma basis
giving effect to the Napco Acquisition as though the Napco
Acquisition had occurred at the beginning of such period and
for any period ending on or prior to the effective date of
the Second Amendment, such amounts shall be calculated on a
pro forma basis giving effect to the Kroy Acquisition as
though the Kroy Acquisition had occurred at the beginning of
such period; and provided, further, that neither the Nortek
Administrative Fee nor interest on Approved Nortek Loans
shall be deducted from the income of the Company and such
Subsidiaries for the purpose of determining "net income"."
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(h) The definition of "Consolidated Net Worth" is deleted and
replaced in its entirety by the following definition:
""Consolidated Net Worth" shall mean, at a particular
date (a) all amounts which would, in conformity with GAAP,
be included under stockholders' equity on a consolidated
balance sheet of the Company and its consolidated
Subsidiaries at such date, plus (b) any unrealized losses to
the extent reflected in the calculation of stockholders'
equity, plus (c) all accrued and unpaid liabilities in
respect of the Nortek Administrative Fee or any Approved
Nortek Loans, minus (d) the sum of (i) any unrealized gains
to the extent reflected in the calculation of shareholders'
equity, and (ii) any investments made by the Company or any
of its Subsidiaries in Nortek or any of its Subsidiaries
(other than Subsidiaries consisting of the Company or any of
its Subsidiaries).
(i) The definition of "Facilities" is deleted and replaced in
its entirety by the following definition:
""Facilities" shall mean the Company Facility, the Napco
Facility and the Kroy Facility."
(j) The definition of "L/Cs' is deleted and replaced in its
entirety by the following definition:
""L/Cs" shall mean the Company L/C, the Napco L/C and the
Kroy L/C."
(k) The definition of "Material Operating Subsidiaries" is
deleted and replaced in its entirety by the following
definition:
""Material Operating Subsidiaries" shall mean (a)
each Designated Subsidiary; (b)any Subsidiary of the Company
other than (i) Napco and its Subsidiaries, (ii) Peachtree
and its Subsidiaries, (iii) Thermal-Gard and its
Subsidiaries and (iv) Kroy and its Subsidiaries, which
conducts business operations and is material to the
operations of the business of the Company and its
Subsidiaries taken as a whole; and (c) each Subsidiary of
the Company which the Company designates as a Material
Operating Subsidiary."
(l) The definition of "Specified Company L/C Obligations" is
deleted and replaced in its entirety by the following
definition:
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""Specified Company L/C Obligations" at any date shall
mean the sum of (a) the aggregate undrawn amount of all
letters of credit as to which the Company or any Subsidiary
is an account party at such date excluding (i) the Fifth
Third Letters of Credit, the First American Letter of
Credit, the Napco L/C, and the Kroy L/C and (ii) any
renewals, extensions and replacements of any of the Fifth
Third Letters of Credit, the First American Letter of
Credit, the Napco L/C or the Kroy L/C, plus (b) the amount
of all Unpaid Drawings in respect of Company L/Cs."
4. The following definitions are added to subsection 1.1 of the
Credit Agreement each at the location in subsection 1.1 necessary
to place such definition in alphabetical order with the existing
definitions therein.
(a) ""Approved Company Loans" shall mean loans by the Company to
any of its Subsidiaries which are subordinated to the
Obligations on the following basis: such Subsidiary shall
not make, and the Company shall not demand or receive,
payment of any amount on account of such loan if such
Subsidiary would be prohibited from making a distribution to
the Company pursuant to Section 6.5 hereof."
(b) ""Approved Nortek Loans" shall mean loans by Nortek or any
of its Subsidiaries (other than the Company and its
Subsidiaries) to the Company or any of its Subsidiaries
which are subordinated to the Obligations on the following
basis: the Company or such Subsidiary shall not make, and
neither Nortek nor any of its Subsidiaries shall demand or
receive, payment of any amount on account of such loan if
and to the extent that the Company or such Subsidiary would
be prohibited from making a distribution to Nortek pursuant
to Section 6.5 hereof."
(c) ""Available Kroy Commitment" shall mean, as to each Bank, at
a particular time, an amount equal to the difference between
(a) such Bank's Kroy Commitment at such time and (b) the
aggregate unpaid principal amount at such time of such
Bank's Commitment Percentage of Bank L/C Obligations to the
extent arising solely from the issuance of the Kroy L/C."
(d) ""Existing Kroy L/C" shall mean the stand-by letter of
credit issued by Xxxxxx Trust and Savings Bank to Firstar
Trust Company, as trustee under the Trust Indenture dated as
of June 1, 1998 between the City of York, Nebraska and said
trustee for the account of Kroy, in the amount of
$5,653.699."
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(d) ""Kroy" shall mean Kroy Building Products, Inc., a Delaware
corporation.
(e) ""Kroy Acquisition" shall mean the transaction described in
the fourth "WHEREAS" clause in paragraph 2, above."
(f) ""Kroy Commitment" shall mean, as to any Bank, that portion
of its Commitment set forth on Schedule I under the heading
"Kroy commitment" opposite such Bank's name, as such amount
may be adjusted from time to time pursuant to subsection
2.6, 2.8 or 9.7."
(g) ""Kroy Facility" shall mean, at any time, the aggregate
amount of the Banks' Kroy Commitments."
(h) ""Kroy L/C" shall mean a Stand-by L/C issued under this
Agreement for the account of the Company in substitution for
the Existing Kroy L/C."
5. Subsection 2.1(c)(i)(B) is hereby deleted and replaced in its
entirety with the following language:
"(B) L/Cs. Upon the execution and delivery by the Company or
a Designated Subsidiary, as the case may be, to Fleet of an
Application for a Company L/C, the Napco L/C or the Kroy
L/C, and upon payment by the Company to Fleet of the
standard charges and fees then customarily imposed by Fleet
in connection with such Application (which have been
supplied to the Company) for the sole account of Fleet,
Fleet shall from time to time on any Business Day, subject
to the terms and conditions of this Agreement and in
reliance on the agreements of the other Banks set forth in
subsection 2.19(c), in a timely manner in accordance with
its standard operating procedures, issue Company L/Cs for
the account of the Company or any Designated Subsidiary, in
each case in an aggregate face amount up to the Available
Company L/C Commitment as then in effect and issue the Napco
L/C for the account of the Company in a face amount equal to
the Available Napco Commitment as then in effect and issue
the Kroy L/C for the account of the Company in a face amount
equal to the Available Kroy Commitment then in effect, in
each case with a term selected by the Company or such
Designated Subsidiary, as the case may be, which shall not
exceed one year plus renewals as provided therein, in the
case of Stand-by L/Cs except that the Kroy L/C may expire on
June 15, 2001 plus renewals as provided therein, and 180
days in the case of Trade L/Cs, and which shall expire in
either case no later than 30 days prior to the Termination
Date. The Agent shall notify each Bank of the issuance of an
L/C hereunder, and Fleet will be deemed to have sold and
transferred an undivided interest and participation in
respect of each L/C issued by it and each Bank hereunder
will be deemed to have purchased and received, without
further action on the part of any party, an undivided
interest and participation in such L/C, based on such Bank's
Commitment Percentage of such L/C. The Company may only
request the issuance of one Stand-by L/C under the Napco
Facility or the Kroy L/C Facility."
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6. Subsection 2.1(c)(D)(iii) is hereby deleted and replaced in its
entirety with the following language:
"(iii) If, notwithstanding the other provisions of
this subsection 2.1(c), on the Termination Date there are
outstanding any L/Cs which have not expired or been
terminated with the consent of the Company, the applicable
Account Party and the respective beneficiaries thereof, then
this Agreement (including, without limitation, this
subsection 2.1(c) and subsection 2.22) and the respective
rights, obligations and covenants of the Company, the
Designated Subsidiaries, Fleet and the Banks under this
Agreement shall remain in full force and effect until the
date on which the last of the L/Cs expires or is terminated
with the consent of the Company, the applicable Account
Party and the respective beneficiaries thereof and all
payments made or to be made by Fleet under the L/Cs are paid
or reimbursed in full by the Company or one or more of the
Designated Subsidiaries, in the case of Company L/Cs, or by
the Company, in the case of the Napco L/C or the Kroy L/C,
except that Fleet's Commitment shall terminate on the
Termination Date."
7. The next-to-last sentence of Section 2.2 is deleted and replaced
in its entirety with the following language:
"EachNote shall (a) be dated the date of its issuance,
payable with respect to principal as set forth in subsection
2.9, and (c) bear interest on the unpaid principal amount
thereof from time-to-time outstanding until payment in full
of the principal amount thereof at the applicable interest
rate per annum determined as provided in subsection 2.10."
8. Section 2.6 is hereby deleted and replaced in its entirety with
the following language:
"2.6 Termination or Reduction of Commitments.(a) Optional.
The Company shall have the right, upon not less than three
Business Days' notice to the Agent, to terminate the Company
Commitments, the Napco Commitments or the Kroy Commitments
or, from time to time, to reduce the amount of the Company
Commitments, the Napco Commitments or the Kroy Commitments,
provided that no such reduction or termination shall be
permitted if, after giving effect thereto, and to any
prepayments of the Company Loans and any payments or
reimbursements in respect of Company L/Cs, the Napco L/C or
the Kroy L/C, as the case may be, by the Company or any
Designated Subsidiary made on the effective date of such
reduction or termination, the then outstanding principal
amount of the Company Loans and Bank L/C Obligations arising
with respect to the Company L/Cs, the Napco L/C and/or the
Kroy L/C, as the case may be, would exceed the amount of the
Company Commitments, the Napco Commitments or the Kroy
Commitments, respectively, then in effect. The aggregate
amount of all reductions indicated on the same notice
delivered under this subsection shall be in an amount of (i)
$5,000,000 or a whole multiple of $1,000,000 in excess
thereof or (ii) (in the case of a termination) the aggregate
amount of the Company Commitment, the Napco Commitments
and/or the Kroy Commitments, as the case may be, then in
effect, and shall reduce permanently in accordance with the
allocations set forth in such notice the amount of the
Company Commitments, Napco Commitments and/or the Kroy
Commitments then in effect. The Commitments once terminated
or reduced may not be reinstated.
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(b) Mandatory. After giving effect to the Company Loans
made on or before the Second Closing Date and the issuance
of the Napco L/C and the Kroy L/C, upon each repayment or
prepayment of the Company Loans, upon each drawing under the
Napco L/C or the Kroy L/C and payment by the Company of
amounts due hereunder in respect of such drawing and upon
the expiration or termination of such Napco L/C or Kroy L/C,
the aggregate Company Commitments, or the Napco Commitments
or the Kroy Commitments, as applicable, of the Banks shall
be automatically and permanently reduced, on a pro rata
basis, by an amount equal to the amount by which the
aggregate Company Commitments, the Napco Commitments or the
Kroy Commitments, respectively, immediately prior to such
reduction exceed the aggregate unpaid principal amount or
face amount, as the case may be, of the Company Loans and
the Company L/C Sublimit and the remaining face amount, if
any, of the Napco L/C and/or the Kroy L/C and the
outstanding principal amount, if any, of any Unpaid Drawings
in respect of the Napco L/C and/or the Kroy L/C immediately
after giving effect to any such drawing and payment,
expiration or termination, respectively. The Commitments
once terminated or reduced may not be reinstated."
9. Subsection 2.22(f) is hereby deleted and replaced in its entirety
with the following language:
"(f) In the event that the credit rating of Fleet is
downgraded to less than "A-" by Standard & Poor's, a
division of The XxXxxx-Xxxx Companies, Inc. or any successor
to the rating agency business thereof and such down-grading
will cause the Company or any Designated Subsidiary to incur
any additional expense or otherwise be adversely affected,
the Company or any Designated Subsidiary may replace any L/C
issued or deemed issued by Fleet with an L/C issued by any
Bank or any other banks, in each case with a credit rating
of "A-" or better, provided that any such letter of credit
shall not be entitled to the benefits of this Agreement and,
to the extent such letter of credit replaces a Company L/C
shall constitute Specified Company L/C Obligations (to the
extent provided in the definition thereof), with the effect
of reducing the Available Company L/C Commitment (in
accordance with the definition thereof), and, to the extent
such letter of credit replaces the Napco L/C or the Kroy
L/C, shall have the effect of terminating the Available
Napco Commitment or the Available Kroy Commitment, as the
case may be, in full."
10. Subsection 6.1(b) is hereby deleted and replaced in its entirety
with the following language:
"(b) (i) Indebtedness of the Company to any Subsidiary,
and of any Subsidiary to the Company, any other subsidiary,
so long as such Indebtedness remains subordinated to the
Obligations under the Loan Documents on terms and conditions
satisfactory to the Banks and (ii) Approved Company Loans."
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11. Subsection 6.1(f) is hereby deleted and replaced in its entirety
with the following language:
"(f) (i) unsecured subordinated Indebtedness of the
Company, provided that such Indebtedness is on such terms
and pursuant to such documentation as the Required Banks
shall approve, which approval shall not be unreasonably
withheld and (ii) Approved Nortek Loans."
12. Subsection 6.7(e)(ii)(A) is deleted and replaced in its entirety
by the following language:
"(A) $50,000,000 in the aggregate during any fiscal year of
the Company (plus, in the case of the 1999 fiscal year, the
amount, if any, by which the Company's investment in Peachtree,
Thermal-Gard and Kroy exceeds $50,000,000)."
13. Section 6.8 is amended by adding at the end thereof the following
language:
"(c) prepaying any Approved Nortek Loans if permitted to do
so pursuant to the subordination provisions thereof."
14. Section 6.10 is amended by adding at the end of clause (a) after
"...Subsidiaries..." the following language:
"(exclusive of any Approved Nortek Loans)"
15. Section 6.11 is amended by adding to clause (b) immediately after
..."Interest Expense..." the following language:
"(exclusive of interest on any Approved Nortek Loans)"
16. Section 9.14 of the Credit Agreement entitled "Governing Law;
Consent to Jurisdiction; Waiver of Trial by Jury" is by this
reference fully incorporated herein.
17. Schedule 1 to the Credit Agreement is deleted and replaced in its
entirety with Schedule 1 to this Second Amendment.
18. Paragraph 4 of Exhibit D to the Credit Agreement is amended by
changing the first line thereof to read:
"As additional security for the payment of and performance of all
our present and future ...".
19. The Credit Agreement, amended as set forth above, is hereby
ratified, approved and confirmed and shall remain in full force
and effect.
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20. Effective on the date of this Second Amendment, the Notes
outstanding prior to such date shall be surrendered by the
holders thereof for cancellation and new Notes reflecting the
increased maximum amount of the Obligations shall be concurrently
executed and delivered by the Company and the Designated
Subsidiaries to the Banks.
21. The Company and the Designated Subsidiaries represent and warrant
that each of the representations and warranties in Section 3 of
the Credit Agreement is accurate and complete as of the date
hereof and that no Default or Event of Default exists under any
of the Loan Documents. The Company and the Designated
Subsidiaries represent and covenant that none of the Company and
the Designated Subsidiaries has any claim, defense or setoff to
any of its obligations under any of the Loan Documents.
22. On the date of this Second Amendment to Second Amended and
Restated Credit Agreement the Company shall pay to the Agent for
the pro rata account of the Banks an amendment fee equal to .065%
of the Commitment.
23. This Second Amendment to Second Amended and Restated Credit
Agreement shall be governed by and construed and interpreted in
accordance with the laws of the State of New York.
24. This Second Amendment to Second Amended and Restated Credit
Agreement may be executed by one or more of the parties on any
number of separate counterparts and all of said counterparts
taken together shall be deemed to constitute one and the same
instrument.
25. A set of the copies of this Second Amendment to Second Amended
and Restated Credit Agreement signed by all of the parties shall
be lodged with the Company and the Agent.
IN WITNESS WHEREOF each of the parties hereto has caused this Second
Amendment to Second Amended and Restated Credit Agreement to be duly
executed by its duly authorized officer as of the date first set forth
above.
BORROWER:
PLY GEM INDUSTRIES, INC.
By:_____________________
Title:
DESIGNATED SUBSIDIARIES:
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SNE ENTERPRISES, INC.
By:______________________
Title:
VARIFORM, INC.
By:_______________________
Title:
GREAT LAKES WINDOW, INC.
By:________________________
Title:
AGENT:
FLEET NATIONAL BANK,
as Agent and as a Bank
By:________________________
Title:
BANKS:
BANK OF MONTREAL
By:________________________
Title:
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EUROPEAN AMERICAN BANK
By:_______________________
Title:
CITIZENS BANK OF RHODE IS
By:______________________
Title:
SOVEREIGN BANK
By:_______________________
Title:
ERSTE BANK
By:_______________________
Titlr
By:_______________________
Title:
13
SCHEDULE I
COMMITMENTS AND APPLICABLE LENDING OFFICES
Name of Initial Lender Commitment Company Kroy Napco Domestic Lending Office Eurodollar Lending Office
Percentage Commintment Commitment Commitment and Address for Notices
Fleet National Bank 30.992931 $28,274,302.67 $1,752,247.06 $1,619,908.42 00 Xxxx 00xx Xxxxxx 00 Xxxx 00xx Xxxxxx
Xxx Xxxx, XX 00000 Xxx Xxxx, XX 00000
ATTN: Xxxxx Xxxx ATTN: Xxxxx Xxxx
Fax: (000) 000-0000 Fax: (000) 000-0000
Bank of Montreal 28.000000 26,230,463.81 1,625,584.08 1,502,811.59 000 Xxxx Xxxxxx 000 Xxxx Xxxxxx
00xx Xxxxx 00xx Xxxxx
Xxx Xxxx, XX 00000 Xxx Xxxx, XX 00000
ATTN: Xxxxxx Xxxxxxxxxx ATTN: Xxxxxx Xxxxxxxxxx
Fax: (000) 000-0000 Fax: (000) 000-0000
Citizens Bank of RI 8.215022 7,494,418.75 464,452.62 429,374.74 Xxx Xxxxxxxx Xxxxx Xxx Xxxxxxxx Xxxxx
Xxxxxxxxxx, XX 00000 Xxxxxxxxxx, XX 00000
ATTN: Xxxxxxx XxXxxxxx ATTN: Xxxxxxx XxXxxxxx
Fax: (000) 000-0000 Fax: (000) 000-0000
Sovereign Bank 8.566908 7,815,438.10 484,347.19 447,766.81 00 Xxxxxxxxx Xxxxxx 00 Xxxxxxxxx Xxxxxx
Xxxxx 000 Xxxxx 000
Xxxxxxxxxx, XX 00000 Xxxxxxxxxx, XX 00000
ATTN: Xxxxxx Xxxxx ATTN: Xxxxxx Xxxxx
Fax: (000) 000-0000 Fax: (000) 000-0000
Erste Bank 8.092563 7,382,701.58 457,529.15 422,974.15 000 Xxxx Xxxxxx 000 Xxxx Xxxxxx
Xxxx Xxxxxx Xxxxxxxx Xxxx Xxxxxx Building
32nd Floor 32nd Floor
New York, NY 10017 Xxx Xxxx, XX 00000
ATTN: Xxxx Xxxxxxxxxx ATTN: Xxxx Xxxxxxxxxx
Fax: (000) 000-0000 Fax: (000) 000-0000
European American Bank 15.379999 14,030,900.09 869,538.90 803,866.79 000 Xxxxxxx Xxxxxx 000 Xxxxxxx Xxxxxx
00xx Xxxxx 00xx Xxxxx
Xxx Xxxx, XX 00000 Xxx Xxxx, XX 00000
ATTN: Xxxxxxx Xxxxx ATTN: Xxxxxxx Xxxxx
Fax: (000) 000-0000 Fax: (000) 000-0000
TOTALS 100% $91,220,225.00 $5,653,699.00 $5,226,702.50
