20120111Amended Credit Agreement Filing.pdf

p ! I Aii 10: 02
~~~'V'STA.
Corp.
720
: Jean D. Jewell, Secretar
Case No. A VU-U-1O-01
We are submitting the following information in compliance with the Commssion's Order No.
32096 under Case No. A VU-U-10-01 for the sale of $600,000,000 various debt arangements.
On December 14, 2011, Avista Corporation (Avista Corp. or the Company) amended its $400.0 millon
commtted line of credit agreement with varous ban. The commtted line of credit was origially
entered into on Febru 11, 2011.
Amendments to the commtted line of credit include an extension ofthe expiration date to Februar 10,
2017 from Febru 11, 2015 and revised pricing terms. The following is a sum ofthe amended
pricing term based on the Company's curent pricing level:
Eurodollar Margin 0.875%1.30%
Letter of Credit Paricipation Fee 0.875%1.0%
The amended commtted line of credit is secured by $400.0 million of non-transferable First Mortgage
Bonds of the Company issued to the agent banle Such First Mortgage Bonds would only become due and
payable in the event, and then only to the extent, that the Company defaults on its obligations under the
commtted line of credit.
The amended commtted line of credit agreement contains customa covenants and default provisions,
including a covenant not to permt the ratio of "consolidated total debt" to "consolidated total
capitalization" of A vista Corporation to be greater tha 65 percent at the end of any fiscal quaer.
Please contact Damien Lysiak at [phone] if you have any questions.
Sincerely,~~~
Diane C. Thoren
Treasurer
'!
FIRST AMENDMENT TO CREDIT AGREEMENT AN WAIVER THEREUNER
This First Amendment to Credit Agreement and Waiver Thereunder (this
"Amendmenf'), dated as of December 14,201 I, is entered into by AVISTA CORPORATION, a
Washington corporation (the "Borrower"), the financial institutions identified on the signature
pages hereof as "Continuing Lenders" (the "Continuing Lenders"), the financial institutions
identified on the signature pages hereof as "Exiting Lenders" (the "Exiting Lenders"), the
financial institutions identified on the signatue pages hereof as "New Lenders" (the "New
Lenders" and, together with the Continuing Lenders and the Exiting Lenders, the "Lenders"),
WELLS FARGO BAN, NATIONAL ASSOCIATION, as an Issuing Ban, and UNION
BAN, N.A., as Administrative Agent (the "Administrative Agenf') and an Issuing Banle
Recitals
A. The paries hereto, other than the New Lenders, are pary to a Credit Agreement
dated as of Februar 11,201 I (the "Credit Agreemenf'). Tenus defined in the Credit Agreement
and not otherwise defined herein have the same respective meanings when used herein, and the "-
provisions of Section 1.02 ofthe Credit Agreement are incorporated herein by reference.
B. The Borrower, the Continuing Lenders and the New Lenders wish to revise the
pricing terms of the Credit Agreement, extend the Expiration Date pursuant to Section 2.20 of
the Credit Agreement and restate Schedule 2.01 to the Credit Agreement, and the Lenders wish
to waive certain requirements of Section 2.20 of the Credit Agreement. Accordingly, for good
and valuable considerátion, the receipt and suffciency of which are hereby acknowledged, the
Borrower, the Lenders, the Issuing Bans and the Administrative Agent hereby agree as set forth
below.
SECTION 1. Amendments to Credit Agreement. Subject to satisfaction of the
conditions precedent set forth in Section 3 of this Amendment, the Borrower, the Continuing
Lenders and the New Lenders hereby agree that the Credit Agreement is amended as set forth
below.
(a) The definition of "Applicable Rate" In Section 1.01 of the Credit
Agreement is amended in full to read as follows:
"'Applicable Rate' shall mean, on any date with respect to the
Facilty Fee, Eurodollar Loans, ABR Loans or the LC Participation Fee, the rate
per anum set forth in the following table in the 'Facility Fee,' 'Eurodollar
Margin,' 'ABR Margin' or 'LC Paricipation Fee' column, as applicable, for the
Pricing Level in effect for such date.
uS_SW _601583151 v5
Eurodollar LC Partcipation
Pricing Level Facilty Fee Margin ABRMargin Fee
I 0.100%0.775%0.000%0.775%
II 0.125%0.875%0.000%0.875%
II 0.175%0.950%0.000%0.950%
iv 0.200%1.050%0.050%1.050%
V 0.250%1.250%0.250%1.250%
VI 0.300%1.450%0.450%1.450%
For puroses of deternig which Pricing Level is applicable in the foregoing
table, the following rules will apply:
'Pricing Level I' wil be applicable at any date if, at such date, the Senior
Debt Rating is Fift Lowest Investment Grade or higher;
'Pricing Level II' wil be applicable at any date if, at such date, the Senior
Debt Rating is Fourh Lowest Investment Grade and Pricing Level I is not
applicable;
"Pricing Level IIl' wil be applicable at any date if, at such date, the
Senior Debt Rating is Third Lowest Investment Grade and neither Pricing
Level I nor Prcing Level II is applicable;
'Pricing Level IV' wil be applicable at any date if, at such date, the Senior
Debt Rating is Second Lowest Investment Grade and none of Pricing
Level I, Pricing Level II or Pricing Level III is applicable;
'Pricing Level V' wil be applicable at any date if, at such date, the Senior
Debt Rating is Lowest Investment Grade and none of Pricing Level I,
Pricing Level II, Pricing Level III or Pricing Level IV is applicable;
'Pricing Level VI' wil be applicable at any date if, at such date, (i) the
Senior Debt Rating is Highest Non-Investment Grade or lower or (ii) there
is no applicable Senior Debt Rating."
(b) The definition of "Expiration Date" In Section 1.01 of the Credit
Agreement is amended in full to read as follows:
'''Expiration Date' shall mean Februar 10,2017."
(c) Schedule 2.01 to the Credit Agreement is amended in full to be in the form
attached hereto as Schedule 2.01.
SECTION 2. Waivers. Subject to satisfaction of the conditions precedent set forth in
Section 3 of this Amendment, the Lenders hereby waive (a) the notice provided for in Section
2.20(a) of the Credit Agreement with respect to extension of the Expiration Date, (b) the
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provisions of Section 2.20(f) of the Credit Agreement, to the extent different from the provisions
of Section 5 hereof, and (c) the condition specified in Section 4.03(a) of the Credit Agreement
that no Loan be outstanding on the date of extension of the Expiration Date pursuant to Section
2.20.
SECTION 3. Conditions Precedent. This Amendment shall become effective on the date
(the "Effective Date"), not later than December 30,2011, on which all of the conditions set forth
below have been fulfilled.
(a) The Administrative Agent shall have received all of the following, each
dated the Effective Date (unless otherwse specified below), in form and substance satisfactory to
the Administrative Agent and in the number of originals requested thereby:
the Issuing Ban;
(i) this Amendment, duly executed by the Borrower, the Lenders and
(ii) evidence that the Borrower has fuished to the trutee under the
First Mortgage the evidence of extension contemplated by Article I, Section 1, subsection (II)(h)
of the Supplemental Indentue;
(iii) opinions of Davis Wright Tremaine LLP, counsel to the Borrower,
Hawley Troxell Enns & Hawley LLP, Idao counsel to the Borrower, and Crowley Fleck PLLP,
Montana counel to the Borrower (or such other firm or firms approved by the Administrative
Agent), each addressed to the Administrative Agent, the Lenders and the Issuing Bans (or, in
the case of the latter two opinions, addressed to Davis Wright Tremaine LLP), with respect to
such matters relating to (A) the Borrower, (B) ths Amendment and each Commitment Extension
Supplement delivered pursuant hereto (the "Amendment Documents") and (C) the Loan
Documents as amended by the Amendment Documents as the Administrative Agent or any
Lender or Issuing Ban may reasonably request (the Borrower hereby instrcting each such
counsel to deliver its opinion to the Admnistrative Agent);
(iv) evidence satisfactory to the Administrative Agent that the
Borrower has obtained all consents and approvals of, and ha made all filings and registrations
with, any Governental Authority required in order to consumate the Transactions (as defined
in Section 4(b) hereof), in each case without the imposition of any condition that, in the
judgment of the Administrative Agent, could adversely affect the rights or interests of the
Lenders, the Issuing Bans or the Administrative Agent under any of the Amendment
Documents or the Loan Documents as amended thereby;
(v) a copy of the aricles of incorporation of the Borrower (as most
recently amended and restated), including all amendments thereto, certified as ofa recent date by
the Secretar of State of the State of Washington;
(vi) certificates, each dated as of a recent date, from the appropriate
Governental Authorities of the States of Washington, Idaho, Montana and Oregon as to the
good standing of the Borrower to do business in those states;
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(vii) a certificate of the Secretar or Assistat Secretar of the Borrower
certifyig (A) that attached thereto is a tre and complete copy of the restated aricles of
incorporation and the bylaws of the Borrower as in effect on the Effective Date of this
Amendment and at all times since a date prior to the date of the resolutions described in clause
(B) below, (B) that attached thereto is a tre and complete copy of resolutions duly adopted by
the board of directors of the Borrower authorizing the Tranactions, and that such resolutions
have not been modified, rescinded or amended and are in full force and effect, (C) that the
aricles of incorporation of the Borrower have not been amended since the date of the last
amendment thereto shown on the certification with respect thereto furnished puruant to clause
(v) above and (D) as to the incumbency and specimen signatue of each offcer executing any
Amendment Document or any other document delivered in connection therewith on behalf of the
Borrower;
(vii) a certificate of another offcer of the Borrower as to the
incumbency and specimen signature of the Secretar or Assistant Secretar executing the
certificate provided pursuant to clause (vii) above;
(ix) a certificate of a Financial Officer of the Borrower certifying that
the representations and waranties set fort in Sections 4(f) and (g) of this Amendment are true
and correct;
(x) an endorsement or other wrtten assurance, dated as of a recent
date, provided by First American Title Insurce Company confirming that title insurance policy
number NSL 3l426-SEA issued thereby, including all endorsements thereto (collectively the
"Title Policy"), (A) insures the Lien of the First Mortgage (including as modified by the
Supplemental Indentue) securng the First Mortgage Bond, in each case with the Expiration
Date extended to Februar 10, 2017, (B) insures the trtee under the First Mortgage as the
insured pary and (C) insures the Borrower's title to the real property subject to .the Lien of the
First Mortgage, and the validity and first priority of the Lien of the First Mortgage (subject to
Liens permtted to exist by the terms of the First Mortgage), in an amount not less than
$785,000,000, certified by a Financial Officer of the Borrower;
(xi) a Commitment Extension Supplement with respect to each
Additional Commitment Lender, duly executed by such Additional Commitment Lender, the
Borrower and each Issuing Ban;
(xii) an Administrative Questionnaire, duly executed by each New
Lender; and
(xiii) such other docuents as the Administrative Agent or any Lender,
or legal counsel to any of them, may reasonably request.
(b) All fees payable by the Borrower to the Administrative Agent, the "Co-
Lead Arangers" identified on the cover page of the Credit Agreement, the Issuing Banks, the
Lenders or any of their respective Affiliates on or prior to the Effective Date with respect to this
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~.
Amendment, and all amounts payable by the Borrower pursuant to Section 10.05 of the Credit
Agreement for which invoices have been delivered to the Borrower on or prior to the Effective
Date, shall have been paid in full or arangements satisfactory to the Administrative Agent shall
have been made to cause them to be paid in full.
(c) All legal matters incident to the Amendment Documents, the Loan
Documents as amended thereby and the Trasactions shall be reasonably satisfactory to the
Admnistrative Agent, the Lenders, the Issuing Bans and their respective legal counsel.
SECTION 4. Representations and Waranties. In order to induce the Lenders, the
Issuing Ban and the Adminstrative Agent to enter into this Amendment, the Borrower
represents and warrants to them as set fort below.
(a) The Borrower has the corporate power and authority (i) to execute and
deliver the Amendment Documents, (ii) to perform its obligations under the Amendment
Documents and under the Loan Documents as amended thereby and (ii) to borrow Loans and
procure the issuace of Letters of Credit.
(b) The execution and delivery of the Amendment Documents by the
Borrower, the performance by the Borrower of its obligations under the Amendment Documents
and the Loan Documents as amended thereby, and the borrowing of Loans and procurement of
Letters of Credit under the Credit Agreement as amended hereby (collectively the
"Transactions"), (i) have been duly authorized by all requisite corporate and, if required,
stockholder action and (ii) wil not (A) violate any provision oflaw, statute, rule or regulation the
violation of which could reasonably be expected to impair the validity or enforceability of any
Amendment Document or any Loan Document as amended thereby or materially impair the
rights of or benefits available to the Lenders, the Issuing Bans or the Administrative Agent
under any Amendment Document or any Loan Document as amended thereby, (B) vioiàte any
provision of the certificate or aricles of incorporation or other constitutive documents or bylaws
of the Borrower or any Signficant Subsidiar, (C) violate any order of any Goveinental
Authority the violation of which could reasonably be expected to impair the validity or
enforceabilty of any Amendment Document or any Loan Document as amended thereby or
materially impair the rights of or benefits available to the Lenders, the Issuing Bans or the
Administrative Agent under any Amendment Document or any Loan Document as amended
thereby, (D) violate any provision of any indenture or other material agreement or instrent
evidencing or relating to borrowed money to which the Borrower or any Signifcant Subsidiar is
a pary or by which any of them or any of their property is or may be bound, in a manner that
could reasonably be expected to impair the validity or enforceabilty of any Amendment
Document or any Loan Document as amended thereby or materially impair the rights of or
benefits available to the Lender, the Issuing Bans or the Administrative Agent under any
Amendment Document or any Loan Document as amended thereby, (E) be in conflict with,
result in a breach of or constitute (alone or with notice or lapse of time or both) a default under
any such indenture, agreement or other instrent in a maner that could reasonably be expected
to impair the validity or enforceabilty of any Amendment Document or any Loan Document as
amended thereby or materially impair the rights of or benefits available to the Lenders, the
Issuing Bans or the Administrative Agent under any Amendment Document or any Loan
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Document as amended thereby or (F) result in the creation or imposition under any such
indentue, agreement or other instrent of any Lien upon or with respect to any property or
assets now owned or hereafer acquired by the Borrower.
( c) This Amendment has been duly executed and delivered by the Borrower
and constitutes, and each other Amendment Document when executed and delivered by the
Borrower wil constitute, a legal, valid and binding obligation of the Borrower enforceable
agaist the Borrower in accordace with its term.
(d) No action, consent or approval of, registration or filing with or any other
action by any Goverental Authority is or will be requied in connection with the Transactions,
except such as have been made or obtained an are in full force and effect.
(e) The First Mortgage constitutes a valid and perfected first-priority Lien on
the collateral purported to be encumbered thereby (subject to Liens permitted to exist by the
terms of the First Mortgage), enforceable against all third parties in all jursdictions, and secures
the payment of all obligations of the Borrower under the First Mortgage Bond, and the
execution, delivery and performance of this Amendment and the other Amendment Documents
do not adversely affect the Lien of the First Mortgage.
(f) The representations and waranties set fort in the Credit Agreement and
in each other Loan Document are true and correct in all material respects on and as of the
Effective Date after giving effect to the Amendment Documents, except to the extent such
representations and waranties expressly relate to an earlier date.
(g) No Default or Event of Default has occurred and is continuing either
before or after giving effect to the Amendment Documents.
SECTION 5. Assignent of Loans, LC Disbursements and LC Paricipations to Reflect
Revised Commitments.
(a) On the Effective Date, each Additional Commitment Lender shall
purchase, as an assignent from the Exiting Lenders, such portions of the Exiting Lenders'
Commitments, Loan, unreimbursed LC Disburements and paricipations in Letters of Credit
outstanding at such time such that, after giving effect to such assignents, the respective
aggregate amount of Commitments, Loan, uneimbursed LC Disbursements and participations
in Letters of Credit of each Additional Commitment Lender shall be equal to its Pro Rata Share
(determined by reference to Schedule 2.01 attached hereto) of the aggregate Commitments,
Loans, unreimbursed LC Disbursements and participations in Letters of Credit outstanding. The
purchase price for the Commitments, Loans, uneimbursed LC Disbursements and paricipations
in Letters of Credit so assigned shall be the sum of (i) the principal amount of the Loans and
uneimbursed LC Disbursements so assigned plus the amount of accrued and unpaid interest
thereon as of the date of assignent, (ii) the amount of accrued and unpaid LC Participation Fees
as of the date of assignent on the paricipations in Letters of Credit so assigned and (ii) the
amount of accrued and unpaid Facilty Fees as of the date of assignent on the Commitments so
assigned. Each Additional Commitment Lender shall pay the aggregate purchase price payable
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by it to the Administrative Agent on the Effective Date, and the Administrative Agent shall
promptly forward to each Exiting Lender the porton thereof payable to it. Upon payment of the
applicable amounts to the Exiting Lenders, the Exiting Lenders shall automatically be deemed to
have sold and made the applicable assignents to the Additional Commitment Lenders and shall
be released from their respective obligations under the Loan Documents, and the Additional
Commitment Lenders shall automatically be deemed to have purchased and accepted such
assignents from the Exiting Lenders and, in the case of each Additional Commtment Lender
not already a Lender under the Credit Agreement, shall become pares to the Credit Agreement
and, to the extent of the interests assigned thereto, have the rights and obligations of Lenders
under the Credit Agreement and the other Loan Documents.
(b) Without limiting the foregoing, upon the effectiveness of the assignents
contemplated by clause (a) above, (i) each Exiting Lender shall be discharged fromIts
Commitment and other obligations (other than the retu of its Note) under the Credit Agreement
and shall no longer be a Lender thereunder, (ii) the Borrower, the Administrative Agent and the
Issuing Bans shall be deemed to have consented to the assignents effected pursuant to clause
(a) above, and (iii) the Administrative Agent shall record the Commitments, Loans and LC
Disbursements of each Additional Commitment Lender and each Exiting Lender as provided in
Section 10.04 of the Credit Agreement to reflect such assignents.
SECTION 6. Effect of Amendment on Interest and Fee Rates. Changes in interest rates
and fee rates effected by ths Amendment shall apply with respect to interest and fees accruing
on or after the Effective Date, and interest rates and fee rates in effect before the Effective Date
shall apply with respect to interest and fees accrued before the Effective Date.
SECTION 7. Reference to and Effect on Loan Documents.
(a) On and after the effective date of this Amendment, each reference in the
Credit Agreement to "this Agreement," "hereunder," "hereof," "herein" or words of like import
referrng to the Credit Agreement, and each reference in the other Loan Documents to "the
Credit Agreement," "thereunder," "thereof," "therein" or words of like import referrng to the
Credit Agreement, shall mean and be a reference to the Credit Agreement as amended by this
Amendment.
(b) Except as specifically amended above, the Credit Agreement and the other
Loan Documents shall remain in full force and effect and are hereby ratified and confirmed.
Without limiting the generality of the foregoing, the First Mortgage and all of the collateral
described therein do and shall continue to secure the payment of all obligations under the First
Mortgage Bond, as amended hereby.
(c) The execution, delivery and effectiveness of this Amendment shall not
operate as a waiver of any right, power or remedy ofthe Administrative Agent, any Issuing Bank
or any Lender under any of the Loan Documents or constitute a waiver of any provision of any
of the Loan Documents, except as expressly provided herein.
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SECTION 8. Execution in Counterpars. This Amendment may be executed in any
number of counterars and by the parties hereto in separate counterpar, each of which when so
executed and delivered shall be deemed to be an origial and all of which taken together shall
constitute one and the same agreement. Deliver of an executed counterpar of a signatue page
to this Amendment by telecopier or e-mail shall be effective as delivery of an originally executed
counterpar of ths Amendment.
SECTION 9. Governg Law. THS AMENDMENT AN THE OTHER
AMENDMENT DOCUMNTS SHALL BE GOVERND BY AN CONSTRUED IN
ACCORDANCE WIT THE LAWS OF THE STATE OF NEW YORK.
SECTION 10. Headings. Section headings in ths Amendment are for convenience of
reference only and shall not constitute a par of this Amendment for any other purose.
(Signature pages follow.)
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The pares hereto have caused tls Amendment to be executed by their resective duly
authorized representatives as of the date fit wrtten above.
A VISTA CORPORA TTON
,r- ';By: ,'''. '-- ~...
Name: Mark T. Thies
Title: Sen i 0 r Vic e Pre sid en tan d
Chief Financial Officer
Fili.1 Aini:nei ti) Ci'íi Agn:cmcnill Waiver llinder
J
UNION BAN N.A., as Adinistrtive Agent, an
Issuing Ban and a Contiuing Leder
By:
Name:
Title:
Ik&.BRYAN P. REA
VICE PRESIDEN r
Firs Anci to Crit Agri an Waiver Thcr
WELLS .FARGO BANK, NATIONAL ASSOCIATION,
as an Iss ing Bank an optinuing Lender
First Amendment to Crdit Agreement and Waiver Thereunder
-----_.._'_.._.T --.._-..--I .r---~-----...~------T-----.-.-----~.--.---.-.---.-
THE BANK OF NEW YORK MELLON,
as a Continuing Lender
~~e:~~1r
Title: Vice President
First Amendment to Credit Agrement and Waiver Thereunder
KEYBANK NATIONAL ASSOCIATION,
as a Continuing Lender~L§By:
Name: Keven D. Smith
Title: Senior Vice President
Firsi Amendmeniio Creii Agremeni and Waiver Thereunder
U.S. BAN NATIONAL ASSOCIATION,
as a Contiuing LenderB)"~~Name: ~ J ;5/. t-1V'~~L-
Title: i: ti 1/1 U pit (1.(1 J)tu 7
.' .' . .. . .' . . .' . . . . .,..~.~;;;;~iz;;m_¡i"~ã_~=¡ È==-~-":-;;:''-'''''.'-'':Z;:"'~;;~¥i:-;:1i:~ñ~~:~~::~~;;;:;;;;
i1irst Amendment to Creit Agreemcnt and WRiver lllcreunder
BANK OF AMERlCA, N.A., as a Continuing Lender
By:~áql
Name: a ~ Crawford
Title: Senior Vice President
6OIS83iS1vS
JPMORGAN CHASE BANK, N.A.,
as a Continuing Lender
BY:~Nam~iZ
Title: Authorized Offcer
First Amendment to Credit Ag~inent and Waìver lñercunder
UBS LOAN FINANCE LLC, as a Continuing Lender
By:
Name:
Title:
~
~~~'gaDe e~
Title: Associate Director
First Amendment to Credit Agrement an Waiver Thereunder
CREDIT SUISSE AG, CA ¥MAN ISLANDS
BRANCH, as a Continuing Leder
By: ~
Name: Wiliam êfiy
Title: Director
.By: ~Name:S;;
Title: Associate
First Amendment to Creit Agrment and Waiver Thereunder
1,"
C'OBANK, ACB, as a New Lender
BY'~Na~e: ïSB~r
Title: Vice President
Firsl Aniciidiient to Credii AgreniClll and WalvCl'TIlereuiider
BANER BANK, as a Continuing Lender
By:B~
Name: Ben Luety, CPA
Title: AVP
First Amendment to Credit Agreement and Waiver Theremder
BANK HAPOALIM B.M., as an Exiting Lender
First Ameidmcnl 10 Credit Agreent and Waiver Thoreunikr
CIBC INC., as an Exiting Lender
BY:~~~
Name:
Title:
By: ø¡pName:/
Title: /'
First Amendment to Credit Agreement and Waiver Thereunder
RobertC...y
eise Inc.
Authorized Signatory
J~hua J. Hogart
eise Inc.
Authorzed Signatory
By: "
Name:
Title:
First Amendment to Creit Agreement and Waiver Thereuder
K, as an Exiting Lender
FIRST COMMERCIAL BANK LTD.,NE~' as an Exiting LenderBy' -N~~
Title: V.P. & General Manager
First Amendment to Credit Agreement and Waiver Thereunder
j~ .
SCOTIABANC INC., as an Exiting Lender
By: ~ dr
Name: J=odd
Title: Managing Director
First Amendment to Credit Agreement and Waiver Thereunder
.. ~
SCHEDULE 2.01
Names, Commitments and Addresses of Lenders
Lender Commitment
Union Ban, N.A.$60,000,000
445 South Figueroa Street
Los Angeles, CA 90071
Attention: Bryan Read
Telecopy: 2 I 3-236-4096
Wells Fargo Ban, National Association $60,000,000
601 West 1st Avenue, Suite 900
Spokane, W A 99201
Attention: Tom Beil / Jessy Hummel
Telecopy: 866-917-7929
The Ban of New York Mellon $42,500,000
BNY Mellon Center, Room 3600
Pittsburgh, PA 15258-0001
Attention: Mark W. Rogers
Telecopy: 412-236-6112
KeyBan National Association $42,500,000
601 108th Avenue
Bellevue,W A 98004
Attention: Keven Smith
Telecopy: 425-709-4348
U.S. Ban National Association $42,500,000
101 South Capitol Boulevard
Boise, il 83712
Attention: Holland Willams
Telecopy: 208-383-7574
Bank of America, N.A.$33,725,000
800 5th A venue, Floor 36
WA 1-501-36-06
Seattle, W A 98104
Attention: Mark Crawford
Telecopy: 206-585-8638
US_SVV_6015831Slv5
.. .'
Lender Commitment
JPMorgan Chase Ban, N.A.$33,725,000
10 South Dearborn Street, Floor 9
Chicago, IL 60603
Attention: John Zur
Telecopy: 312-732-1762
UBS Loan Finance LLC $33,725,000
677 Washington Boulevard
Staford, CT 06901
Attention: Denise Bushee
Telecopy: 203-719-3888
Credit Suisse AG, Cayman Islands Branch $2 1,0 I 2,500
11 Madison Avenue
New York, NY 10010
Attention: Willam O'Daly
Telecopy: 212-743-2254
CoBan, ACB $20,000,000
5500 South Quebec Street
Greenwood Vilage, CO 80111
Attention: Josh Batchelder
Telecopy: 303-740-4120
Baner Bank $10,312,500
802 West Riverside Avenue
Spokane, W A 99201
Attention: TJ Brill
Telecopy: 509-482-5765
Total:$400,000,000
2
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