SECTION 1Registration Rights Agreement • May 11th, 2007 • MVC Capital, Inc. • Miscellaneous food preparations & kindred products • Delaware
EXHIBIT 99.g(1) INVESTMENT ADVISORY AGREEMENT THIS INVESTMENT ADVISORY AGREEMENT (this "Agreement") is entered into and made effective as of the ___ day of March, 2000, by and between meVC DRAPER FISHER JURVETSON FUND I, INC., a Delaware corporation...Investment Advisory Agreement • March 27th, 2000 • Mevc Draper Fisher Jurveston Fund I Inc • Delaware
MVC CAPITAL, INC. 5,000,000 Shares of Common Stock Par Value $0.01 Per Share UNDERWRITING AGREEMENT February 22, 2007 UNDERWRITING AGREEMENTUnderwriting Agreement • February 28th, 2007 • MVC Capital, Inc. • New York
ARTICLE I DEFINITIONSCustody Agreement • November 23rd, 2004 • MVC Capital, Inc. • Ohio
FORM OF INVESTMENT MANAGEMENT AGREEMENT (FOR NON-ERISA ACCOUNTS)Investment Management Agreement • March 2nd, 2000 • Mevc Draper Fisher Jurveston Fund I Inc • New York
INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT (this "Agreement") is entered and made effective as of the ___ day of ____________, _____ by and between meVC DRAPER FISHER JURVETSON FUND I, INC., a Delaware corporation (the "Company"), and...Indemnification Agreement • December 7th, 1999 • Mevc Draper Fisher Jurvetson Fund I Inc • Delaware
EXHIBIT 99.j CUSTODIAN AGREEMENT This Agreement is made as of January 31, 2000 by and between meVC DRAPER FISHER JURVETSON FUND I, INC. a corporation organized and existing under the laws of Delaware (the "FUND"), and STATE STREET BANK and TRUST...Custodian Agreement • February 11th, 2000 • Mevc Draper Fisher Jurveston Fund I Inc • Massachusetts
EXHIBIT J.2 AMENDMENT TO CUSTODY AGREEMENT Amendment made as of this ________ day of October, 2004 by and between MVC Capital, Inc. (f/k/a MeVC Draper Fisher Jurvetson Fund I, Inc.) (the "Fund") and U.S. Bank National Association (the "Custodian") to...Custody Agreement • November 23rd, 2004 • MVC Capital, Inc.
Exhibit 99.g(2) INVESTMENT SUB-ADVISORY AGREEMENT THIS INVESTMENT SUB-ADVISORY AGREEMENT (this "Agreement") is entered into and made effective as of the ___ day of _________, ____, by and between meVC ADVISERS, INC., a Delaware corporation...Investment Sub-Advisory Agreement • December 17th, 1999 • Mevc Draper Fisher Jurveston Fund I Inc • Delaware
LEASE AGREEMENT BETWEEN PHOENIX CAPITAL PARTNERS, LLC,Lease Agreement • January 29th, 2004 • Mevc Draper Fisher Jurvetson Fund I Inc • New York
EXHIBIT 99.k(2) SUB-ADMINISTRATION AGREEMENT Agreement dated as of ________, 2000 by and between State Street Bank and Trust Company, a Massachusetts trust company (the "Sub-Administrator"), and meVC Advisers, Inc. (the "Adviser") on behalf of meVC...Sub-Administration Agreement • February 11th, 2000 • Mevc Draper Fisher Jurveston Fund I Inc • Massachusetts
EXHIBIT 99.g(2) INVESTMENT SUB-ADVISORY AGREEMENT THIS INVESTMENT SUB-ADVISORY AGREEMENT (this "Agreement") is entered into and made effective as of the ___ day of March, 2000, by and between meVC ADVISERS, INC., a Delaware corporation ("Adviser"),...Investment Sub-Advisory Agreement • March 27th, 2000 • Mevc Draper Fisher Jurveston Fund I Inc • Delaware
MEVC DRAPER FISHER JURVETSON FUND I, INC. AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT THIS AMENDMENT dated as of October 29, 2004, to the Fund Accounting Servicing Agreement, dated as of November 1, 2002, (the "Agreement"), is entered by and...Fund Accounting Servicing Agreement • November 23rd, 2004 • MVC Capital, Inc.
MEVC DRAPER FISHER JURVETSON FUND I, INC. AMENDMENT TO THE FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • November 23rd, 2004 • MVC Capital, Inc.
REGISTRAR,Registrar, Transfer Agency and Service Agreement • February 11th, 2000 • Mevc Draper Fisher Jurveston Fund I Inc • Massachusetts
Exhibit 99.g(1) INVESTMENT ADVISORY AGREEMENT THIS INVESTMENT ADVISORY AGREEMENT (this "Agreement") is entered into and made effective as of the ___ day of _____________, 1999 by and between meVC DRAPER FISHER JURVETSON FUND I, INC., a Delaware...Investment Advisory Agreement • December 17th, 1999 • Mevc Draper Fisher Jurveston Fund I Inc • Delaware
70,000,000 Aggregate Principal Amount of 7.25% Senior Notes due 2023Underwriting Agreement • February 26th, 2013 • MVC Capital, Inc. • New York
The Company also proposes to issue and sell to the Underwriters not more than an additional $10,500,000 aggregate principal amount of 7.25% Senior Notes due 2023 (the “Additional Notes”) if and to the extent that the Representatives shall have determined to exercise, on behalf of the Underwriters, the right to purchase such notes granted to the Underwriters in Section 3 hereof. The Notes and the Additional Notes are hereinafter collectively referred to as the “Securities.”
RECITALS:Loan Agreement • November 23rd, 2004 • MVC Capital, Inc. • Illinois
FINANCIAL ADVISORY SERVICES AGREEMENT -------------------------------------Financial Advisory Services Agreement • March 28th, 2000 • Mevc Draper Fisher Jurveston Fund I Inc • New York
CUSTODY AGREEMENTCustody Agreement • June 6th, 2008 • MVC Capital, Inc. • North Carolina
This custody agreement (“Agreement”) dated as of April 24, 2008 between MVC CAPITAL, INC., a corporation organized and existing under the laws of the state of Delaware having a place of business located at 287 Bowman, 2nd Floor, Purchase, New York 10577 (the “Fund”), and BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation having a place of business at 223 West Nash Street, Wilson, North Carolina 27893 (the “Custodian”).
EIGHTH AMENDMENT TO SECURED REVOLVING CREDIT AGREEMENTSecured Revolving Credit Agreement • August 29th, 2016 • MVC Capital, Inc. • North Carolina
This EIGHTH AMENDMENT TO SECURED REVOLVING CREDIT AGREEMENT (this “Amendment”) is entered into as of June 30, 2016 (the “Effective Date”) by and between MVC CAPITAL, INC., a Delaware corporation, as borrower (“Borrower”), and BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, as lender (“Lender”).
TWELFTH AMENDMENT TO SECURED REVOLVING CREDIT AGREEMENTSecured Revolving Credit Agreement • September 9th, 2019 • MVC Capital, Inc. • North Carolina
This TWELFTH AMENDMENT TO SECURED REVOLVING CREDIT AGREEMENT (this “Amendment”) is entered into as of August 30, 2019 (the “Effective Date”) by and between MVC CAPITAL, INC., a Delaware corporation, as borrower (“Borrower”), and BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, as lender (“Lender”).
SETTLEMENT AGREEMENTSettlement Agreement • June 1st, 2020 • MVC Capital, Inc. • Delaware
This Settlement Agreement (this “Agreement”), effective as of May 27, 2020 (the “Effective Date”), is entered into by and among MVC Capital, Inc., a Delaware corporation (the “Company”) and Wynnefield Partners Small Cap Value, L.P. I and the other persons and entities identified under that certain Wynnefield Schedule 13D (as defined below) as Reporting Persons (as defined therein) (each, a “Wynnefield Party” and collectively, the “Wynnefield Parties”). The Company and the Wynnefield Parties are collectively referred to herein as the “Parties,” and each of the Company and the collective Wynnefield Parties, a “Party.” Unless otherwise defined herein, capitalized terms shall have the meanings given to them in Section 15 herein.
SUBSCRIPTION AGREEMENTSubscription Agreement • May 3rd, 2013 • MVC Capital, Inc. • New York
SUBSCRIPTION AGREEMENT (the “Agreement”), dated as of __________ __, 20__, by and among MVC Capital, Inc., a Delaware corporation, with principal executive offices located at 287 Bowman Avenue, 2nd Floor, Purchase, New York 10577 (the “Company”), and each investor identified on the signature pages hereto (individually, a “Buyer” and collectively, the “Buyers”).
AMENDED AND RESTATED CUSTODY AGREEMENTCustody Agreement • June 11th, 2018 • MVC Capital, Inc. • Minnesota
THIS AGREEMENT is made and entered into as of April 30, 2018 by and between MVC CAPITAL, INC., a Delaware corporation, (the “Fund”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).
STOCK PURCHASE AGREEMENTStock Purchase Agreement • August 13th, 2019 • MVC Capital, Inc. • New York
This Stock Purchase Agreement (this “Agreement”) is entered into as of August __, 2019 by and between MVC Capital, Inc., a Delaware corporation (the “Seller”), and [__________], a [__________] [__________] (the “Buyer”).
FOURTH AMENDMENT TO SECURED REVOLVING CREDIT AGREEMENTSecured Revolving Credit Agreement • October 15th, 2015 • MVC Capital, Inc. • North Carolina
This FOURTH AMENDMENT TO SECURED REVOLVING CREDIT AGREEMENT (this “Amendment”) is entered into as of April 29, 2015 (the “Effective Date”) by and between MVC CAPITAL, INC., a Delaware corporation, as borrower (“Borrower”), and BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, as lender (“Lender”).
Transfer Agency and Service Agreement Between and Computershare Trust Company, N.A. and Computershare Shareholder Services, Inc.Transfer Agency and Service Agreement • March 9th, 2007 • MVC Capital, Inc. • Massachusetts
AGREEMENT made as of the day of , 2006 by and between MVC Capital, Inc., a corporation, having its principal office and place of business at 287 Bowman Avenue, 2nd Floor, Purchase, New York, 10577 (the “Company”), and Computershare Shareholder Services, Inc., a Delaware corporation, and its fully owned subsidiary Computershare Trust Company, N.A., a federally chartered trust company, having its principal office and place of business at 250 Royall Street, Canton, Massachusetts 02021 (collectively, the “Transfer Agent” or individually, “CSSI” and the “Trust Company”, respectively).
ON BOARD NOMINATIONS FOR JULY 15TH ANNUAL MEETINGBoard Nomination Agreement • June 1st, 2020 • MVC Capital, Inc.
Purchase, N.Y., May 27, 2020 – MVC Capital, Inc. (NYSE: MVC) (the “Company” or “MVC”) and Wynnefield Capital (“Wynnefield”) today announced an agreement (the “Agreement”) under which six of MVC’s current directors and three independent director candidates proposed by Wynnefield will be nominated by MVC’s Board for election at the Company’s 2020 Annual Meeting of Stockholders, currently scheduled for July 15, 2020 (“the “Annual Meeting”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 20th, 2020 • MVC Capital, Inc. • Delaware
This Securities Purchase Agreement (this “Agreement”) is entered into as of the 16th day of July, 2020, by and between Benton Capital Inc., a British Columbia corporation (“Buyer”), and MVC Capital, Inc., a Delaware corporation (“Seller”). Buyer and Seller are referred to herein individually as a “Party” and collectively as the “Parties”.
100,000,000 Aggregate Principal Amount of 6.25% Senior Notes due 2022Underwriting Agreement • November 9th, 2017 • MVC Capital, Inc. • New York
The Company also proposes to issue and sell to the Underwriters not more than an additional $15,000,000 aggregate principal amount of 6.25% Senior Notes due 2022 (the “Additional Notes”) if and to the extent that Ladenburg Thalmann & Co. Inc., as the representative of the several Underwriters (the “Representative”) shall have determined to exercise, on behalf of the Underwriters, the right to purchase such Additional Notes granted to the Underwriters in Section 3 hereof. The Notes and the Additional Notes are hereinafter collectively referred to as the “Securities.”
As of March 27, 2000 INDEMNIFICATION AGREEMENT ------------------------- PRUDENTIAL SECURITIES INCORPORATED One New York Plaza New York, N.Y. 10292 Dear Sirs: In connection with that certain Financial Advisory Services Agreement, dated of even date...Indemnification Agreement • March 28th, 2000 • Mevc Draper Fisher Jurveston Fund I Inc • New York
In connection with that certain Financial Advisory Services Agreement, dated of even date herewith (the "Advisory Agreement") between Prudential Securities Incorporated ("Prudential Securities") and meVC Draper Fisher Jurvetson Fund I, Inc. (the "Company"), the Company hereby agrees to indemnify and hold harmless Prudential Securities and its affiliates, their respective directors, officers, controlling persons (within the meaning of Section 15 of the Securities Act of 1933 or Section 20(a) of the Securities Exchange Act of 1934), if any, agents and employees of Prudential Securities or any of Prudential Securities' affiliates (collectively, "Indemnified Persons" and individually, an "Indemnified Person") from and against any and all claims, liabilities, losses, damages and expenses incurred by any Indemnified Person (including fees and disbursements of Prudential Securities and counsel to an Indemnified Person) which (A) are related to or arise out of (i) actions taken or omitted to b
ContractCustody Agreement • June 4th, 2009 • MVC Capital, Inc.
THIS AMENDMENT dated as of April 6, 2009, to the Custody Agreement, dated as of November 1, 2002, as amended February 10, 2006, May 1, 2006 and June 14, 2006 (the “Agreement”), is entered into by and between MVC Capital, Inc., a Delaware corporation (the “Corporation”) and U.S. Bank, N.A., a national banking association (the “Custodian”).
FIRST SUPPLEMENTAL INDENTURE between and as Trustee Dated as of February 26, 2013Supplemental Indenture • February 26th, 2013 • MVC Capital, Inc. • New York
THIS FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of February 26, 2013, is between MVC Capital, Inc., a Delaware corporation (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”). All capitalized terms used herein shall have the meaning set forth in the Base Indenture (as defined below).
SECOND AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • June 8th, 2017 • MVC Capital, Inc.
SECOND AMENDMENT TO CREDIT AND SECURITY AGREEMENT (this “Second Amendment”) dated March 16, 2017, by and among MVC CAPITAL, INC., a corporation formed under the laws of the State of Delaware (the “Borrower”), MVC FINANCIAL SERVICES, INC., a corporation formed under the laws of the State of Delaware, MVC CAYMAN, an exempted company incorporated under the laws of the Cayman Islands, MVC GP II, LLC, a limited liability company formed under the laws of the State of Delaware, and MVC PARTNERS LLC, a limited liability company formed under the laws of the State of Delaware, (collectively, the “Guarantors”, and each a “Guarantor”), the financial institutions or entities from time to time parties to the Loan Agreement (as such term is defined herein) (collectively, the “Lenders”, and each a “Lender”), and SANTANDER BANK, N.A., as agent (the “Agent”), and WINTRUST BANK, as syndication agent (“Wintrust”).
