CREDIT AGREEMENT by and among OHA INVESTMENT CORPORATION,Credit Agreement • September 12th, 2016 • OHA Investment Corp • New York
THIS CREDIT AGREEMENT (this “Agreement”) is made and entered into as of September 9, 2016, by and among OHA INVESTMENT CORPORATION (formerly known as NGP CAPITAL RESOURCES COMPANY), a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (the “Lenders”), and MIDCAP FINANCIAL TRUST, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT dated as of May 23, 2013 among NGP CAPITAL RESOURCES COMPANY as Borrower THE LENDERS FROM TIME TO TIME PARTY HERETO and SUNTRUST BANK as Administrative Agent and COMERICA BANK as Syndication Agent...Revolving Credit Agreement • May 29th, 2013 • NGP Capital Resources Co • New York
THIS THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Agreement”) is made and entered into as of May 23, 2013, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (the “Lenders”), and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”) and as issuing bank (the “Issuing Bank”).
AGREEMENT AND PLAN OF MERGER By and Among Portman Ridge Finance Corporation, Storm Acquisition Sub Inc., OHA Investment Corporation and Sierra Crest Investment Management LLC Dated as of July 31, 2019Agreement and Plan of Merger • August 2nd, 2019 • OHA Investment Corp • Delaware
THIS AGREEMENT AND PLAN OF MERGER, dated as of July 31, 2019 (this “Agreement”), is made by and among Portman Ridge Finance Corporation, a Delaware corporation (“Parent”), Storm Acquisition Sub Inc., a Maryland corporation and a direct wholly-owned Subsidiary of Parent (“Acquisition Sub”), OHA Investment Corporation, a Maryland corporation (the “Company”), and Sierra Crest Investment Management LLC, a Delaware limited liability company (the “Parent External Adviser”). Defined terms used in this Agreement have the respective meanings ascribed to them by definition in this Agreement or in Appendix A.
REVOLVING CREDIT AGREEMENT dated as of May 16, 2005 among NGP CAPITAL RESOURCES COMPANY as Borrower THE LENDERS FROM TIME TO TIME PARTY HERETO and SUNTRUST BANK as Administrative AgentRevolving Credit Agreement • August 12th, 2005 • NGP Capital Resources CO • New York
THIS REVOLVING CREDIT AGREEMENT (this “Agreement”) is made and entered into as of May 16, 2005, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (the “Lenders”), and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”) and as issuing bank (the “Issuing Bank”).
INDEMNITY AGREEMENTIndemnity Agreement • November 7th, 2014 • OHA Investment Corp • Maryland
This Agreement effective as of the [ ] day of [ ], 2014, by and between OHA Investment Corporation, a Maryland corporation (the “Company”), and [ ] (“Indemnitee”), who is currently serving the Company in the capacity of [ ].
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • April 12th, 2005 • NGP Capital Resources CO • Maryland
Agreement dated as of November 9, 2004 (the “Agreement”), by and between NGP Capital Resources Company, a Maryland corporation (the “Company”), and NGP Investment Advisor, LP a Delaware limited partnership (the “Adviser”).
ADMINISTRATION AGREEMENTAdministration Agreement • April 12th, 2005 • NGP Capital Resources CO • Texas
THIS AGREEMENT dated as of November 9, 2004 (this “Agreement”), by and between NGP Capital Resources Company, a Maryland corporation (the “Company”), and NGP Administration, LLC, a Delaware limited liability company (the “Administrator”).
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • April 12th, 2005 • NGP Capital Resources CO • Texas
THIS TRADEMARK LICENSE AGREEMENT (this “Agreement”), is made and effective as of the 9th day of November, 2004 (the “Effective Date”), between Natural Gas Partners, L.L.C., a Texas limited liability company (“Licensor”), and NGP Capital Resources Company, a Maryland corporation (“Licensee”) (each a “party” and collectively, the “parties”).
GUARANTY AGREEMENTGuaranty Agreement • September 12th, 2016 • OHA Investment Corp • New York
This GUARANTY AGREEMENT (this “Agreement”), dated as of September 9, 2016, is executed and delivered by each of the undersigned and each other Person that hereafter becomes a party hereto (each, a “Guarantor” and collectively, the “Guarantors”), in favor of MIDCAP FINANCIAL TRUST, a Delaware statutory trust, as the Administrative Agent (the “Administrative Agent”), on its behalf and on behalf of the other banks and lending institutions (the “Lenders”) from time to time party to the Credit Agreement, dated as of the date hereof, by and among OHA INVESTMENT CORPORATION, a Maryland corporation (the “Borrower”), the Lenders, and the Administrative Agent (as amended, restated, supplemented, or otherwise modified from time to time, the “Credit Agreement”).
AMENDMENT NO. 3 TO CUSTODY AGREEMENTCustody Agreement • April 29th, 2011 • NGP Capital Resources Co
THIS AMENDMENT NO. 3 TO CUSTODY AGREEMENT (this “Amendment No. 3”), dated as of February 28, 2011 between NGP Capital Resources Company, a Maryland corporation (the “Fund”), which has elected to be a business development company under Section 54 of the Investment Company Act of 1940, as amended (the “Investment Company Act”), and Wells Fargo Bank, N.A., a national banking association (the “Custodian”).
SECOND AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • May 10th, 2016 • OHA Investment Corp • New York
THIS SECOND AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Agreement”), is made and entered into as of May 9, 2016, by and among OHA INVESTMENT CORPORATION (formerly known as NGP Capital Resources Company), a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
SECOND AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • October 24th, 2007 • NGP Capital Resources CO • New York
THIS SECOND AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENT (this “Amendment”), is made effective as of October 18, 2007, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
THIRD AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • May 8th, 2008 • NGP Capital Resources CO • New York
THIS THIRD AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENT (this “Amendment”), is made effective as of March 13, 2008, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
FIRST AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • November 9th, 2007 • NGP Capital Resources CO • New York
THIS FIRST AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENT (this “Amendment”), is made effective as of August 31, 2006, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
CONSENT AND FIRST AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENTConsent And • May 10th, 2012 • NGP Capital Resources Co • New York
THIS CONSENT AND FIRST AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENT (this “Consent and Amendment”), is made and entered into as of March 30, 2012, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
FOURTH AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • November 7th, 2013 • NGP Capital Resources Co • New York
THIS FOURTH AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENT (this “Amendment”), is made and entered into as of September 24, 2013, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
SECOND AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • November 9th, 2012 • NGP Capital Resources Co • New York
THIS SECOND AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENT (this “Amendment”), is made and entered into as of September 25, 2012, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
FIRST AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • November 9th, 2007 • NGP Capital Resources CO • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Amendment”), is made effective as of August 31, 2006, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
AMENDMENT NO. I. TO CUSTODY AGREEMENTCustody Agreement • October 15th, 2007 • NGP Capital Resources CO
THIS AMENDMENT NO. 1 TO CUSTODY AGREEMENT (this “Amendment No. 1”), dated as of November 10, 2006 between NGP Capital Resources Company, a Maryland corporation (the “Fund”), which has elected to be a business development company under Section 54 of the Investment Company Act of 1940, as amended (the “Investment Company Act”), and Wells Fargo Bank, N.A., a national banking association (the “Custodian”).
CONSENT, WAIVER AND FIFTH AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • November 7th, 2014 • OHA Investment Corp • New York
THIS CONSENT, WAIVER AND FIFTH AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENT (this “Amendment”), is made and entered into as of September 24, 2014, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • September 7th, 2018 • OHA Investment Corp • New York
THIS AMENDMENT NO. 2 TO CREDIT AGREEMENT (this “Amendment”), dated as of September 7, 2018 (the “Amendment No. 2 Effective Date”), is made by and among OHA Investment Corporation, a Maryland corporation, as borrower (the “Borrower”), the Loan Parties party hereto, the Lenders party hereto, MidCap Financial Trust, a Delaware statutory trust, as administrative agent for each of the Lenders (in such capacity, the “Administrative Agent”), and amends that certain Credit Agreement, dated as of September 9, 2016 (as amended or otherwise modified prior to the date hereof, the “Credit Agreement”), by and among the Borrower, the Lenders from time to time party thereto and the Administrative Agent. All terms used and not otherwise defined herein shall have the meaning set forth in the Credit Agreement, as amended hereby.
AMENDMENT NO. 2 TO CUSTODY AGREEMENTCustody Agreement • March 13th, 2008 • NGP Capital Resources CO
THIS AMENDMENT NO. 2 TO CUSTODY AGREEMENT (this “Amendment No. 2”), dated as of December 19, 2007 between NGP Capital Resources Company, a Maryland corporation (the “Fund”), which has elected to be a business development company under Section 54 of the Investment Company Act of 1940, as amended (the “Investment Company Act”), and Wells Fargo Bank, N.A., a national banking association (the “Custodian”).
Amendment to Security Procedure AgreementAmendment to Security Procedure Agreement • August 6th, 2015 • OHA Investment Corp
That certain Security Procedure Agreement (“Agreement”) entered into as of 01/23/2015 by and between OHA Investment Corporation (F/K/A NGP Capital Resources Company (the “Undersigned”) and Wells Fargo Bank, National Association is hereby amended as follows:
CUSTODY AGREEMENTCustody Agreement • October 15th, 2007 • NGP Capital Resources CO • Texas
THIS CUSTODY AGREEMENT is made by and between NGP Capital Resources Company, a Maryland corporation (the “Fund”), which has elected to be a business development company under Section 54 of the Investment Company Act of 1940, as amended (the “Investment Company Act”), and Wells Fargo Bank, N.A., a national banking association (the “Custodian”), as of January 15, 2005.
TREASURY SECURED REVOLVING CREDIT AGREEMENT dated as of August 31, 2006 among NGP CAPITAL RESOURCES COMPANY as Borrower THE LENDERS FROM TIME TO TIME PARTY HERETO and SUNTRUST BANK as Administrative AgentTreasury Secured Revolving Credit Agreement • November 7th, 2006 • NGP Capital Resources CO • New York
THIS TREASURY SECURED REVOLVING CREDIT AGREEMENT (this “Agreement”) is made and entered into as of August 31, 2006, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (the “Lenders”), and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • November 13th, 2017 • OHA Investment Corp • New York
THIS AMENDMENT NO. 1 TO CREDIT AGREEMENT (this “Amendment”), dated as of November 10, 2017 (the “Amendment No. 1 Effective Date”), is made by and among OHA Investment Corporation, a Maryland corporation, as borrower (the “Borrower”), the Loan Parties party hereto, the Lenders party hereto, MidCap Financial Trust, a Delaware statutory trust, as administrative agent for each of the Lenders (in such capacity, the “Administrative Agent”), and amends that certain Credit Agreement, dated as of September 9, 2016 (as amended or otherwise modified prior to the date hereof, the “Credit Agreement”), by and among the Borrower, the Lenders from time to time party thereto and the Administrative Agent. All terms used and not otherwise defined herein shall have the meaning set forth in the Credit Agreement.
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • October 2nd, 2014 • OHA Investment Corp • New York
THIS AGREEMENT dated as of September 30, 2014 (this “Agreement”), by and between NGP Capital Resources Company, a Maryland corporation (the “Company”), and Oak Hill Advisors, L.P. a Delaware limited partnership (the “Advisor”).
THIRD AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • November 7th, 2013 • NGP Capital Resources Co • New York
THIS THIRD AMENDMENT TO TREASURY SECURED REVOLVING CREDIT AGREEMENT (this “Amendment”), is made and entered into as of May 23, 2013, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
CUSTODIAL AGREEMENTCustodial Agreement • November 14th, 2016 • OHA Investment Corp • New York
THIS CUSTODIAL AGREEMENT (this “Agreement”) dated as of September 26, 2016, is entered into between OHA INVESTMENT CORPORATION (the “Owner”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as custodian (in such capacity, the “Custodian”).
NGP CAPITAL RESOURCES COMPANY (a Maryland corporation) $[ ] Aggregate Principal Amount Senior Securities $[ ] Aggregate Principal Amount Subordinated Securities and [ ] Warrants to Purchase Debt Securities UNDERWRITING AGREEMENTUnderwriting Agreement • July 31st, 2009 • NGP Capital Resources Co • New York
NGP Capital Resources Company, a Maryland corporation (the “Company”), confirms its agreement with [_________] (“[__________]”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters”, which term shall also include any underwriter substituted as hereinafter provided in Section 9 hereof), for whom [______] are acting as representatives (in such capacity, the “Representatives”), with respect to the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of $[____] aggregate principal amount of senior debt securities (the “Senior Securities”) or subordinated debt securities (the “Subordinated Securities”), or both, or Warrants (the “Debt Warrants”) to purchase Senior Securities or Subordinated Securities, or both, of the Company set forth in said Schedule A, and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof t
17,000,000 Shares* NGP CAPITAL RESOURCES COMPANY Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • October 28th, 2004 • NGP Capital Resources CO • Texas
NGP Capital Resources Company, a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), an aggregate of 17,000,000 shares of its Common Stock, par value $0.001 per share (the “Common Stock”). The aggregate of such 17,000,000 shares to be purchased from the Company are called the “Firm Shares.” In addition, the Company has agreed to sell to the Underwriters, upon the terms and conditions stated herein, up to an additional 2,550,000 shares of Common Stock (the “Additional Shares”) to cover over-allotments by the Underwriters, if any. The Firm Shares and the Additional Shares are collectively referred to in this agreement (this “Agreement”) as the “Shares.” Raymond James & Associates, Inc. is acting as the representative of the several Underwriters and in such capacity is referred to in this Agreement as the “Representative.”
THIRD AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • November 10th, 2008 • NGP Capital Resources CO • New York
THIS THIRD AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Amendment”), is made effective as of September 29, 2008, by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
NGP CAPITAL RESOURCES COMPANY Common Stock [FORM OF UNDERWRITING AGREEMENT]Investment Advisory Agreement • January 8th, 2008 • NGP Capital Resources CO • New York
NGP Capital Resources Company, a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), an aggregate of [ ] shares of its Common Stock, par value $0.001 per share (the “Common Stock”). The aggregate of such [ ] shares to be purchased from the Company are called the “Firm Shares.” In addition, the Company has agreed to sell to the Underwriters, upon the terms and conditions stated herein, up to an additional [ ] shares of Common Stock (the “Additional Shares”) to cover over-allotments by the Underwriters, if any. The Firm Shares and the Additional Shares are collectively referred to in this agreement (this “Agreement”) as the “Shares.” [ ] is acting as the representative of the several Underwriters and in such capacity is referred to in this Agreement as the “Representative.”
FIRST AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • November 7th, 2014 • OHA Investment Corp • New York
THIS FIRST AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Agreement”), is made and entered into as of September 29, 2014, by and NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (collectively, the “Lenders”) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
STOCK PURCHASE AND TRANSACTION AGREEMENTStock Purchase and Transaction Agreement • July 21st, 2014 • NGP Capital Resources Co • Maryland
This Stock and Transaction Purchase Agreement (this “Agreement”) is entered into as of July 21, 2014 by and among NGP CAPITAL RESOURCES COMPANY, a Maryland corporation (the “Company”), OHA BDC Investor, LLC, a Delaware limited liability company (the “Investor”), and Oak Hill Advisors, L.P., a Delaware limited partnership (“OHA”).
