FS INVESTMENT CORPORATION Issuer and U.S. BANK NATIONAL ASSOCIATION Trustee Indenture Dated as of July 14, 2014 Providing for the Issuance Of Debt SecuritiesIndenture • August 14th, 2014 • FS Investment CORP • New York
INDENTURE, dated as of July 14, 2014, between FS INVESTMENT CORPORATION, a Maryland corporation (hereinafter called the “Company”), having its principal office at Cira Centre, 2929 Arch Street, Suite 675, Philadelphia, Pennsylvania 19104, and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as Trustee (hereinafter called the “Trustee”), having its office at One Federal Street, 3rd Floor, Boston, Massachusetts 02110.
ARTICLE II Amendments to Loan and Servicing AgreementLoan and Servicing Agreement • July 3rd, 2023 • FS KKR Capital Corp • New York
THIS LOAN AND SERVICING AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, this “Agreement”) is made as of November 22, 2019, among:
AMENDMENT NO. 2 TO SENIOR SECURED REVOLVING CREDIT AGREEMENTSecured Revolving Credit Agreement • March 21st, 2017 • FS Investment CORP • New York
SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of April 3, 2014 (this “Agreement”), among FS INVESTMENT CORPORATION, a Maryland corporation (the “Borrower”), the LENDERS party hereto, and ING CAPITAL LLC, as Administrative Agent.
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 6th, 2023 • FS KKR Capital Corp • New York
WHEREAS, the Borrower, the Lenders, the Administrative Agent, Ally Bank, as the Arranger, and Wells Fargo Bank, N.A., as the Collateral Custodian and the Collateral Administrator, entered into that certain Loan and Security Agreement, dated as of November 22, 2019 (as the same may be amended, modified, waived, supplemented, restated or replaced from time to time, the “Agreement”);
SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of April 3, 2014 among FS INVESTMENT CORPORATION, as Borrower The LENDERS Party Hereto and ING CAPITAL LLC, as Administrative Agent, Arranger and BookrunnerSenior Secured • April 4th, 2014 • FS Investment CORP • New York
SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of April 3, 2014 (this “Agreement”), among FS INVESTMENT CORPORATION, a Maryland corporation (the “Borrower”), the LENDERS party hereto, and ING CAPITAL LLC, as Administrative Agent.
LOAN AGREEMENT dated as of November 1, 2016 among LOCUST STREET FUNDING LLC the Financing Providers party hereto the Collateral Administrator, Collateral Agent and Securities Intermediary party hereto JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as...Loan Agreement • November 2nd, 2016 • FS Investment CORP • New York
LOAN AGREEMENT dated as of November 1, 2016 (as amended, supplemented or otherwise modified from time to time, this “Agreement”) among LOCUST STREET FUNDING LLC, a Delaware limited liability company, as borrower (the “Company”); the Financing Providers party hereto; Citibank, N.A. (“Citibank”), in its capacity as collateral agent (in such capacity, the “Collateral Agent”); Virtus Group, LP, in its capacity as collateral administrator (in such capacity, the “Collateral Administrator”); Citibank, in its capacity as securities intermediary (in such capacity, the “Securities Intermediary”); and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as administrative agent for the Financing Providers hereunder (in such capacity, the “Administrative Agent”).
CUSTODIAN AGREEMENTCustodian Agreement • November 14th, 2011 • FS Investment CORP • Massachusetts
This Agreement, dated as of November 14, 2011, is by and between FS INVESTMENT CORPORATION, a Maryland corporation (the “Company”), on behalf of itself and each entity listed on Schedule D hereto, as may be amended from time to time in accordance with Section 19.14 hereof (each such entity, a “Company Subsidiary,” and collectively, the “Company Subsidiaries”), and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (the “Custodian”).
PURCHASE AND SALE AGREEMENT by and between WALNUT STREET FUNDING LLC, as the Purchaser and FS INVESTMENT CORPORATION, as the Seller Dated as of May 17, 2012Purchase and Sale Agreement • May 18th, 2012 • FS Investment CORP
THIS PURCHASE AND SALE AGREEMENT, dated as of May 17, 2012, by and between FS INVESTMENT CORPORATION, a Maryland corporation, as the seller (the “Seller”) and WALNUT STREET FUNDING LLC, a Delaware limited liability company, as the purchaser (the “Purchaser”).
GUARANTEE, PLEDGE AND SECURITY AGREEMENT dated as of April 3, 2014 among FS INVESTMENT CORPORATION, as Borrower The SUBSIDIARY GUARANTORS Party Hereto ING CAPITAL LLC, as Revolving Administrative Agent Each FINANCING AGENT and DESIGNATED INDEBTEDNESS...Guarantee, Pledge and Security Agreement • April 4th, 2014 • FS Investment CORP • New York
GUARANTEE, PLEDGE AND SECURITY AGREEMENT, dated as of April 3, 2014 (as amended, supplemented, or otherwise modified from time to time, this “Agreement”), among FS Investment Corporation, a corporation duly organized and validly existing under the laws of the State of Maryland (the “Borrower”), IC American Energy Investments, Inc., a corporation duly organized and validly existing under the laws of the state of Delaware, FSIC Investments, Inc., a corporation duly organized and validly existing under the laws of the state of Delaware, each other entity that becomes a “SUBSIDIARY GUARANTOR” after the date hereof pursuant to Section 7.05 hereof (collectively, the “Subsidiary Guarantors” and, together with the Borrower, the “Obligors”), ING CAPITAL LLC, as administrative agent for the parties defined as “Lenders” under the Revolving Credit Facility referred to below (in such capacity, together with its successors in such capacity, the “Revolving Administrative Agent”), each “Financing Agen
ContractFinancing and Servicing Agreement • February 27th, 2023 • FS KKR Capital Corp • New York
ELEVENTH AMENDMENT, dated as of February 23, 2023 (this “Amendment”), among Darby Creek LLC, a Delaware limited liability company (the “Borrower”), Deutsche Bank AG, New York Branch, as facility agent (the “Facility Agent”) and each Lender party here (each, a “Lender”, and collectively, the “Lenders”).
REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • July 27th, 2011 • FS Investment CORP • New York
THIS REVOLVING CREDIT AGREEMENT, (this “Agreement”) is made as of July 21, 2011, between FS Investment Corporation, a Maryland corporation (the “Lender”), and Race Street Funding LLC, a Delaware limited liability company (the “Borrower”).
BROAD STREET FUNDING LLC as Company and FS INVESTMENT CORPORATION as Investment Manager INVESTMENT MANAGEMENT AGREEMENT Dated as of March 10, 2010Investment Management Agreement • March 16th, 2010 • FS Investment CORP • New York
INVESTMENT MANAGEMENT AGREEMENT, dated as of March 10, 2010 (this “Agreement”), between BROAD STREET FUNDING LLC, a Delaware limited liability company (the “Company”), and FS INVESTMENT CORPORATION, a Maryland corporation (in such capacity, the “Investment Manager”).
ADMINISTRATION AGREEMENT BETWEEN FS INVESTMENT CORPORATION AND FS/KKR ADVISOR, LLCAdministration Agreement • April 9th, 2018 • FS Investment CORP • New York
This Administration Agreement (this “Agreement”) is made this 9th day of April, 2018, by and between FS INVESTMENT CORPORATION, a Maryland corporation (the “Company”), and FS/KKR ADVISOR, LLC, a Delaware limited liability company (the “Administrator”).
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • February 1st, 2011 • FS Investment CORP • New York
This AMENDED AND RESTATED SECURITY AGREEMENT (as amended from time to time, this “Agreement”) dated as of January 28, 2011 is entered into by and among BROAD STREET FUNDING LLC, as Borrower, and DEUTSCHE BANK AG, NEW YORK BRANCH, as Administrative Agent, and amends and restates in its entirety the Security Agreement, dated as of March 10, 2010, as amended pursuant to that First Amendment to Credit Agreement and to Security Agreement, dated as of July 13, 2010.
The Bond Market Association International Securities Market Association New York - Washington - London Rigistrasse 60, P.O. Box, CH-8033, ZurichGlobal Master Repurchase Agreement • April 26th, 2013 • FS Investment CORP • England
AGREEMENT AND PLAN OF MERGER among FS INVESTMENT CORPORATION, IC ACQUISITION, INC., CORPORATE CAPITAL TRUST, INC. and FS/KKR ADVISOR, LLC Dated as of July 22, 2018Agreement and Plan of Merger • July 23rd, 2018 • FS Investment CORP • Maryland
AGREEMENT AND PLAN OF MERGER, dated as of July 22, 2018 (this “Agreement”), among Corporate Capital Trust, Inc., a Maryland corporation (“CCT”), FS Investment Corporation, a Maryland corporation (“FSIC”), IC Acquisition, Inc., a Maryland corporation and wholly-owned direct Consolidated Subsidiary of FSIC (“Merger Sub”) and FS/KKR Advisor, LLC, a Delaware limited liability company (the “Joint Advisor”).
WALNUT STREET FUNDING LLC as Company and FS INVESTMENT CORPORATION as Collateral Manager COLLATERAL MANAGEMENT AGREEMENT Dated as of May 17, 2012Collateral Management Agreement • May 18th, 2012 • FS Investment CORP • New York
COLLATERAL MANAGEMENT AGREEMENT, dated as of May 17, 2012 (this “Agreement”), between WALNUT STREET FUNDING LLC, a Delaware limited liability company (the “Company”), and FS INVESTMENT CORPORATION, a Maryland corporation (in such capacity, the “Collateral Manager”).
ContractLoan Agreement • April 4th, 2014 • FS Investment CORP • New York
LOAN AGREEMENT dated as of August 29, 2012 (the Original Agreement Date), as amended and restated as of March 31, 2014 (as amended and restated, this Agreement), between ARCH STREET FUNDING LLC, a Delaware limited liability company (the Borrower), the financial institutions and other lenders from time to time party hereto as “Lenders” (the Lenders) and Citibank, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent).
AMENDED AND RESTATED COLLATERAL MANAGEMENT AGREEMENTCollateral Management Agreement • October 1st, 2012 • FS Investment CORP • New York
This Amended and Restated Collateral Management Agreement, dated as of September 26, 2012 (the “Agreement”), is entered into by and between Locust Street Funding LLC, a Delaware limited liability company (together with successors and assigns permitted hereunder, the “Issuer”), and FS Investment Corporation, a Maryland corporation (together with its successors and assigns, the “Collateral Manager”). This Agreement amends and restated in its entirety the Collateral Management Agreement, dated as of July 21, 2011, between the Issuer and the Company.
AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT BETWEEN FS KKR CAPITAL CORP. AND FS/KKR ADVISOR, LLCInvestment Advisory Agreement • June 16th, 2021 • FS KKR Capital Corp • New York
This Amended and Restated Investment Advisory Agreement (this “Agreement”) made this 16th day of June, 2021, by and between FS KKR Capital Corp., a Maryland corporation (the “Company”), and FS/KKR ADVISOR, LLC, a Delaware limited liability company (the “Adviser”).
AMENDED AND RESTATED COLLATERAL ADMINISTRATION AGREEMENTCollateral Administration Agreement • October 1st, 2012 • FS Investment CORP • New York
This AMENDED AND RESTATED COLLATERAL ADMINISTRATION AGREEMENT, dated as of September 26, 2012 (as the same may be amended from time to time in accordance with the terms hereof (this “Agreement”) is entered into by and among Locust Street Funding LLC, a limited liability company organized under the laws of the State of Delaware, as issuer (the “Issuer”), FS Investment Corporation, a corporation organized under the laws of the State of Maryland, in its capacity as collateral manager under the Collateral Management Agreement referred to below (in such capacity, together with its successors in such capacity, the “Collateral Manager”) and Virtus Group, LP, a limited partnership organized under the laws of the State of Texas, as collateral administrator (the “Collateral Administrator”). This Agreement amends and restates in its entirety the Collateral Administration Agreement, dated as of July 21, 2011, by and among the Issuer, the Collateral Manager and the Collateral Administrator.
ACCOUNT CONTROL AGREEMENTAccount Control Agreement • August 31st, 2012 • FS Investment CORP • New York
ACCOUNT CONTROL AGREEMENT, dated as of August 29, 2012 (this Agreement), between ARCH STREET FUNDING LLC, a Delaware limited liability company (the Debtor), Citibank, N.A., a national banking association, in its capacity as creditor and security agent for and on behalf of the Secured Parties (in such capacity, together with its successors in such capacity, the Security Agent) under the Security Agreement referred to below, Citibank, N.A., in its capacity as securities intermediary (the Intermediary), and Virtus Group, LP, a Texas limited partnership, in its capacity as collateral administrator (the Collateral Administrator, together with the Intermediary, the Collateral Parties).
ARCH STREET FUNDING LLC as Company and FS INVESTMENT CORPORATION as Investment Manager AMENDED AND RESTATED INVESTMENT MANAGEMENT AGREEMENT Dated as of August 29, 2012Investment Management Agreement • August 31st, 2012 • FS Investment CORP • New York
AMENDED AND RESTATED INVESTMENT MANAGEMENT AGREEMENT, dated as of August 28, 2012 (this “Agreement”), between ARCH STREET FUNDING LLC, a Delaware limited liability company (the “Company”), and FS INVESTMENT CORPORATION, a Maryland corporation (in such capacity, the “Investment Manager”). This Agreement amends and restates in its entirety the Investment Management Agreement, dated as of March 18, 2011, by and between the Company and the Investment Manager.
SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of August 9, 2018 among CORPORATE CAPITAL TRUST, INC., FS INVESTMENT CORPORATION, FS INVESTMENT CORPORATION II, and FS INVESTMENT CORPORATION III, as Borrowers, The LENDERS Party Hereto and JPMORGAN...Senior Secured • August 9th, 2018 • FS Investment CORP • New York
SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of August 9, 2018 (this “Agreement”), among CORPORATE CAPITAL TRUST, INC., FS INVESTMENT CORPORATION, FS INVESTMENT CORPORATION II, FS INVESTMENT CORPORATION III, each other Person designated as a “Borrower” hereunder pursuant to Section 9.19, the LENDERS party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, and ING CAPITAL LLC, as Collateral Agent.
ASSET CONTRIBUTION AGREEMENT dated as of March 10, 2010 between FS INVESTMENT CORPORATION, as Contributor, and BROAD STREET FUNDING LLC, as ContributeeAsset Contribution Agreement • March 16th, 2010 • FS Investment CORP • Delaware
This ASSET CONTRIBUTION AGREEMENT (this “Agreement”), dated as of March 10, 2010, between FS INVESTMENT CORPORATION, a Maryland corporation, as contributor (“Contributor”), and BROAD STREET FUNDING LLC, as contributee (“Contributee”).
ARCH STREET FUNDING LLC as Company and FS INVESTMENT CORPORATION as Investment Manager INVESTMENT MANAGEMENT AGREEMENT Dated as of March 18, 2011Investment Management Agreement • March 24th, 2011 • FS Investment CORP • New York
INVESTMENT MANAGEMENT AGREEMENT, dated as of March 18, 2011 (this “Agreement”), between ARCH STREET FUNDING LLC, a Delaware limited liability company (the “Company”), and FS INVESTMENT CORPORATION, a Maryland corporation (in such capacity, the “Investment Manager”).
U.S. $250,000,000 LOAN AND SERVICING AGREEMENT Dated as of May 17, 2012 Among WALNUT STREET FUNDING LLC, as the Borrower WELLS FARGO SECURITIES, LLC, as the Administrative Agent EACH OF THE CONDUIT LENDERS AND INSTITUTIONAL LENDERS FROM TIME TO TIME...Loan and Servicing Agreement • May 18th, 2012 • FS Investment CORP
THIS LOAN AND SERVICING AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, this “Agreement”) is made as of May 17, 2012, among:
AMENDED AND RESTATED EXPENSE SUPPORT AND CONDITIONAL REIMBURSEMENT AGREEMENTReimbursement Agreement • May 17th, 2013 • FS Investment CORP • Delaware
This Amended and Restated Expense Support and Conditional Reimbursement Agreement (the “Agreement”) is made this 16th day of May 2013, by and between FS INVESTMENT CORPORATION, a Maryland corporation (the “Company”), and FRANKLIN SQUARE HOLDINGS, L.P., a Pennsylvania limited partnership (“FSH”).
FS INVESTMENT CORPORATION Up to $1,500,000,000 in Shares of Common Stock, $0.001 par value per share FORM OF DEALER MANAGER AGREEMENTSelected Dealer Agreement • September 17th, 2008 • FS Investment CORP • Delaware
FIRST SUPPLEMENTAL INDENTURE between FS INVESTMENT CORPORATION and U.S. BANK NATIONAL ASSOCIATION, as Trustee Dated as of July 14, 2014 FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • July 15th, 2014 • FS Investment CORP • New York
This Security is one of a duly authorized issue of Senior Securities of the Company (herein called the “Securities”), issued and to be issued in one or more series under an Indenture, dated as of July 14, 2014 (herein called the “Base Indenture”, which term shall have the meaning assigned to it in such instrument), between the Company and U.S. Bank National Association, as Trustee (herein called the “Trustee”, which term includes any successor trustee under the Base Indenture), and reference is hereby made to the Base Indenture for a statement of the respective rights, limitations of rights, duties and immunities thereunder of the Company, the Trustee, and the Holders of the Securities and of the terms upon which the Securities are, and are to be, authenticated and delivered, as amended and supplemented by the First Supplemental Indenture relating to the Securities, dated as of July 14, 2014, by and between the Company and the Trustee (herein called the “First Supplemental Indenture”,
ContractSecurity Agreement • August 31st, 2012 • FS Investment CORP • New York
SECURITY AGREEMENT dated as of August 29, 2012 (this Agreement) between ARCH STREET FUNDING LLC, a Delaware limited liability company (the Pledgor), and Citibank, N.A., a national banking association, as security agent for the Secured Parties referred to below (in such capacity, the Security Agent).
AMENDED AND RESTATED ASSET TRANSFER AGREEMENTAsset Transfer Agreement • October 1st, 2012 • FS Investment CORP • New York
This AMENDED AND RESTATED ASSET TRANSFER AGREEMENT (this “Agreement”), dated as of September 26, 2012, is entered into by and between FS Investment Corporation (the “Seller”) and Locust Street Funding LLC (the “Issuer”).
FS KKR Capital Corp. $45,000,000 Aggregate Principal Amount 4.125% Notes due 2025 UNDERWRITING AGREEMENTUnderwriting Agreement • December 11th, 2019 • FS KKR Capital Corp • New York
FS KKR Capital Corp, a Maryland corporation (the “Company”), proposes to issue and sell $45,000,000 aggregate principal amount of 4.125% Notes due 2025 (the “Securities”). It is understood that, subject to the conditions hereinafter stated, the Securities will be sold by the Company to J.P. Morgan Securities LLC (the “Underwriter”) in connection with the offer and sale of such Securities.
May 17, 2012 WALNUT STREET FUNDING LLC, as Pledgor WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral Agent on behalf of the Secured Parties and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Securities Intermediary SECURITIES ACCOUNT CONTROL AGREEMENTSecurities Account Control Agreement • May 18th, 2012 • FS Investment CORP • New York
SECURITIES ACCOUNT CONTROL AGREEMENT (this “Agreement”), dated as of May 17, 2012, among WALNUT STREET FUNDING LLC (the “Pledgor”) and WELLS FARGO BANK, NATIONAL ASSOCIATION as Collateral Agent on behalf of the Secured Parties to the Loan Agreement defined below (in such capacity, the “Secured Party”) and as securities intermediary (in such capacity, the “Securities Intermediary”).
ContractSupplemental Indenture • April 26th, 2013 • FS Investment CORP • New York
SUPPLEMENTAL INDENTURE NO. 1, dated as of April 23, 2013 (this “Supplemental Indenture”), between Locust Street Funding LLC, a Delaware limited liability company (the “Issuer”), and Citibank, N.A., a national banking association, organized and existing under the laws of United States of America, as trustee (the “Trustee”), to the Amended and Restated Indenture, dated as of September 26, 2012, between the Issuer and the Trustee (as amended, supplemented and modified from time to time, the “Indenture”).
