FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • May 4th, 2015 • Business Development Corp of America • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the _____ day of _______________, 2014, by and between Business Development Corporation of America, a Maryland corporation (the “Company”), and _________________________ (“Indemnitee”).1
CUSTODY AGREEMENT dated as of August 13, 2012 by and between BUSINESS DEVELOPMENT CORPORATION OF AMERICA (“Company”) and U.S. BANK NATIONAL ASSOCIATION (“Custodian”)Custody Agreement • August 17th, 2012 • Business Development Corp of America • Massachusetts
THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of August 13, 2012 and is by and between Business Development Corporation of America (and any successor or permitted assign), a corporation organized under the laws of the State of Maryland (the “Company”), having its principal place of business at 405 Park Avenue, 12th Floor, New York, New York 10022, and U.S. BANK NATIONAL ASSOCIATION (or any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association having a place of business at One Federal Street, Boston, MA 02110.
Business Development Corporation of America UP TO 101,100,000 SHARES OF COMMON STOCK EXCLUSIVE DEALER MANAGER AGREEMENT July 1, 2014Exclusive Dealer Manager Agreement • August 14th, 2014 • Business Development Corp of America • New York
Business Development Corporation of America (the “Company”) is a Maryland corporation that has elected to be treated as a business development company (“BDC”) under the Investment Company Act of 1940 and the rules and regulations thereunder (collectively, the “Investment Company Act”). The Company proposes to offer up to 101,100,000 shares of common stock, $0.001 par value per share (the “Shares”) on a continuous basis, for an initial purchase price of $11.20 per Share, with a minimum initial investment of $1,000, in the offering (the “Offering”), all upon the other terms and subject to the conditions set forth in the Prospectus (as defined below).
LOAN AND SERVICING AGREEMENTLoan and Servicing Agreement • May 10th, 2018 • Business Development Corp of America
THIS AMENDMENT NO. 11 TO LOAN AND SERVICING AGREEMENT, dated as of May 9, 2018 (this “Amendment”) is entered into by and among BDCA Funding I, LLC, as the borrower (in such capacity, the “Borrower”), Business Development Corporation of America, as the servicer (in such capacity, the “Servicer”) and seller (in such capacity, the “Seller”), Wells Fargo Bank, National Association, as the administrative agent (in such capacity, the “Administrative Agent”), each of the Lenders and Lender Agents party hereto and U.S. Bank National Association, as Collateral Agent, Account Bank and Collateral Custodian. Capitalized terms used but not defined herein have the meanings provided in the Agreement (as defined below).
REGISTRATION RIGHTS AGREEMENT by and among Business Development Corporation of America, J.P. Morgan Securities LLC, and Wells Fargo Securities, LLC Dated as of March 29, 2021Registration Rights Agreement • March 30th, 2021 • Business Development Corp of America • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of March 29, 2021, by and among Business Development Corporation of America, a Maryland corporation (the “Company”) and Wells Fargo Securities, LLC and J.P Morgan Securities LLC, as the representatives (together, the “Representatives”) to the other several initial purchasers (collectively, the “Initial Purchasers”) of $300,000,000 aggregate principal amount of the Company’s 3.250% Notes due 2026 (the “Notes”) listed on Schedule A to the Purchase Agreement (as defined below).
Second Amendment to Amended and Restated Loan and Security AgreementLoan and Security Agreement • November 13th, 2023 • Franklin BSP Lending Corp • New York
JPMorgan Chase Bank, National Association, as Administrative Agent c/o JPMorgan Services Inc. 500 Stanton Christiana Rd., 3rd Floor Newark, Delaware 19713 DE_Custom_Business Attention: Nicholas Rapak Email: de_custom_business@jpmorgan.com brian.m.larocca@jpmorgan.com
Business development corporation of america as Issuer and U.S. BANK NATIONAL ASSOCIATION as Trustee Indenture Dated as of March 29, 2021 Providing for the Issuance of Debt Securities Business Development Corporation of America Reconciliation and tie...Indenture • March 30th, 2021 • Business Development Corp of America • New York
SENIOR SECURED CREDIT AGREEMENT dated as of June 10, 2022 between FRANKLIN BSP LENDING CORPORATION The LENDERS Party Hereto and JPMORGAN CHASE BANK, N.A. as Administrative Agent MUFG BANK, LTD. SUMITOMO MITSUI BANKING CORPORATION, WELLS FARGO BANK,...Senior Secured Credit Agreement • August 12th, 2022 • Franklin BSP Lending Corp • New York
SENIOR SECURED CREDIT AGREEMENT dated as of June 10, 2022 (this “Agreement”), among FRANKLIN BSP LENDING CORPORATION, a Maryland corporation (the “Borrower”), the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent and as Collateral Agent.
FIFTH AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • November 30th, 2017 • Business Development Corp of America • New York
This FIFTH AMENDMENT TO CREDIT AND SECURITY AGREEMENT, dated as of November 28, 2017 (this “Amendment”), among BDCA-CB Funding, LLC, as borrower (the “Borrower”), the Lenders (as defined below) party hereto, Citibank, N.A., as administrative agent (the “Administrative Agent”), and Business Development Corporation of America, as collateral manager (in such capacity, “Collateral Manager”).
PURCHASE AND SALE AGREEMENT by and between BUSINESS DEVELOPMENT CORPORATION OF AMERICA, as the Seller and BDCA FUNDING I, LLC, as the Purchaser Dated as of July 24, 2012Purchase and Sale Agreement • August 7th, 2012 • Business Development Corp of America
THIS PURCHASE AND SALE AGREEMENT, dated as of July 24, 2012, by and between BUSINESS DEVELOPMENT CORPORATION OF AMERICA, a Maryland corporation, as the seller (the “Seller”), and BDCA FUNDING I, LLC, a Delaware limited liability company, as the purchaser (the “Purchaser”).
LOAN AND SERVICING AGREEMENT among BUSINESS DEVELOPMENT CORPORATION OF AMERICA, as Holdings, BDCA ASSET FINANCING, LLC, as the Borrower, MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY and the other Lenders from time to time party hereto, U.S. BANK...Loan and Servicing Agreement • July 9th, 2020 • Business Development Corp of America • New York
The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving loan facility that provides for Advances from time to time in the amounts and in accordance with the terms set forth herein.
INVESTMENT ADVISORY AND MANAGEMENT SERVICES AGREEMENTInvestment Advisory and Management Services Agreement • February 1st, 2019 • Business Development Corp of America • New York
This Investment Advisory and Management Services Agreement (the “Agreement”) is made as of February 1, 2019, by and between BUSINESS DEVELOPMENT CORPORATION OF AMERICA, a Maryland corporation (the “Company”), and BDCA ADVISER, LLC, a Delaware limited liability company (the “Adviser”).
CUSTODY AGREEMENTCustody Agreement • September 1st, 2011 • Business Development Corp of America • Texas
This agreement (the “Agreement”) dated as of August 22, 2011 between BUSINESS DEVELOPMENT CORPORATION OF AMERICA, a corporation organized and existing under the laws of the state of Maryland having a place of business located at 405 Park Avenue, 15th Floor, New York, New York 10022 (the “Fund”) and any additional affiliates or subsidiaries of the Fund as provided herein and AMEGY BANK NATIONAL ASSOCIATION, a national banking association having a place of business at 1221 McKinney Street Level P-1, Houston, Texas, 77010 (the “Custodian”).
February 21, 2014 BDCA 2L FUNDING I, LLC, as Pledgor U.S. BANK NATIONAL ASSOCIATION, as Secured Party and U.S. BANK NATIONAL ASSOCIATION, as Securities Intermediary SECURITIES ACCOUNT CONTROL AGREEMENTSecurities Account Control Agreement • March 19th, 2014 • Business Development Corp of America
SECURITIES ACCOUNT CONTROL AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of February 21, 2014, among BDCA 2L FUNDING I, LLC (the “Pledgor”), and U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent on behalf of the Secured Parties (each as defined in the Loan Agreement referred to below) (the “Secured Party”) and as securities intermediary (in such capacity, the “Securities Intermediary”).
ADMINISTRATION AGREEMENTAdministration Agreement • November 2nd, 2016 • Business Development Corp of America • New York
This ADMINISTRATION AGREEMENT (the “Agreement”) made as of November 1, 2016 by and between Business Development Corporation of America, a Maryland corporation (the “Corporation”), and Benefit Street Partners L.L.C., a Delaware limited liability company (the “Administrator”).
COLLATERAL ADMINISTRATION AGREEMENTCollateral Administration Agreement • April 7th, 2015 • Business Development Corp of America • New York
This COLLATERAL ADMINISTRATION AGREEMENT, dated as of April 7, 2015 (this "Agreement") is entered into by and among BDCA Helvetica Funding, Ltd., an exempted company incorporated with limited liability under the laws of the Cayman Islands, as Issuer (the "Issuer"), Business Development Corporation of America, a corporation incorporated under the laws of the State of Maryland, as Collateral Manager (as that term is defined in the Indenture, referred to herein, together with any successor Collateral Manager under the Indenture, the "Collateral Manager"), and U.S. Bank National Association ("U.S. Bank"), a national banking association with trust powers organized under the laws of the United States, as Collateral Administrator (in such capacity, and together with any successor Collateral Administrator hereunder, the "Collateral Administrator").
LOAN FINANCING AND SERVICING AGREEMENT dated as of February 21, 2014 BDCA 2L FUNDING I, LLC, as Borrower BUSINESS DEVELOPMENT CORPORATION OF AMERICA, as Equityholder and as Servicer, THE LENDERS FROM TIME TO TIME PARTIES HERETO, DEUTSCHE BANK AG, NEW...Loan Financing and Servicing Agreement • March 19th, 2014 • Business Development Corp of America
THIS LOAN FINANCING AND SERVICING AGREEMENT is made and entered into as of February 21, 2014, among BDCA 2L FUNDING I, LLC, a Delaware limited liability company (the “Borrower”), BUSINESS DEVELOPMENT CORPORATION OF AMERICA, a Maryland corporation, as equityholder (in such capacity, together with its successors and permitted assigns in such capacity, the “Equityholder”), the SERVICER (as hereinafter defined), each LENDER (as hereinafter defined) FROM TIME TO TIME PARTY HERETO, the AGENTS for each Lender Group (as hereinafter defined) from time to time parties hereto (each such party, in such capacity, together with their respective successors and permitted assigns in such capacity, an “Agent”), U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent and Collateral Custodian (each as hereinafter defined), and DEUTSCHE BANK AG, NEW YORK BRANCH, as Administrative Agent (in such capacity, together with its successors and permitted assigns in such capacity, the “Administrative Agent”).
BDCA SENIOR LOAN FUND LLC LIMITED LIABILITY COMPANY AGREEMENTSecurities Purchase Agreement • January 26th, 2021 • Business Development Corp of America • Delaware
This Limited Liability Company Agreement, dated as of January 20, 2021, of BDCA Senior Loan Fund LLC (the “Company”) is entered into by and between Business Development Corporation of America and Cliffwater Corporate Lending Fund (each, a “Member” and collectively, the “Members”).
BUSINESS DEVELOPMENT CORPORATION OF AMERICA (a Maryland corporation) 4.85% Notes due 2024 ($1,000 Denominations) PURCHASE AGREEMENTPurchase Agreement • December 5th, 2019 • Business Development Corp of America • New York
Interest Payment Dates: Interest on the Notes will be payable semi-annually in arrears on June 15 and December 15 of each year, commencing June 15, 2020.
AMENDED AND RESTATED FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • April 17th, 2015 • Business Development Corp of America • Wisconsin
THIS AGREEMENT is made and entered into as of this 13th day of April, 2015, by and between BUSINESS DEVELOPMENT CORPORATION OF AMERICA, a Maryland corporation (the “Fund”), and US Bancorp Fund Services, LLC, a Wisconsin limited liability company (“USBFS”).
BUSINESS DEVELOPMENT CORPORATION OF AMERICA, INC. SOLICITING DEALER AGREEMENTSoliciting Dealer Agreement • August 14th, 2014 • Business Development Corp of America
Realty Capital Securities, LLC (the “Dealer Manager”) entered into an exclusive dealer manager agreement, dated as of July 1, 2014 (the “Dealer Manager Agreement”), with Business Development Corporation of America, Inc. a Maryland corporation that intends to elect to be treated as a business development company under the Investment Company Act of 1940, as amended, (the “Company”), pursuant to which the Dealer Manager agreed to use its reasonable best efforts to solicit subscriptions in connection with the public offering (the “Offering”) of up to 101,100,000 shares of the Company’s common stock, par value $0.001 per share (the “Shares”), on a continuous basis, for a purchase price of $11.20 per Share, with a minimum initial investment of $1,000, commencing on the Effective Date (as defined below). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings therefor as in the Dealer Manager Agreement.
ACCOUNT CONTROL AGREEMENTAccount Control Agreement • July 2nd, 2014 • Business Development Corp of America • New York
ACCOUNT CONTROL AGREEMENT (this “Agreement”), dated as of June 27, 2014, among BDCA-CB FUNDING, LLC, as pledgor (the “Pledgor”), U.S. BANK NATIONAL ASSOCIATION, as collateral agent on behalf of the Secured Parties to the Credit Agreement defined below (in such capacity, the “Secured Party”) and U.S. BANK NATIONAL ASSOCIATION, as securities intermediary (in such capacity, the “Securities Intermediary”).
Dated as of April 7, 2015 BDCA HELVETICA FUNDING, LTD., as Issuer as Trustee as Custodian ACCOUNT CONTROL AGREEMENTAccount Control Agreement • April 7th, 2015 • Business Development Corp of America • New York
THIS ACCOUNT CONTROL AGREEMENT, dated as of April 7, 2015 (as the same may be amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this Agreement), is entered into by and between BDCA Helvetica Funding, Ltd., an exempted company incorporated with limited liability under the law of the Cayman Islands (the Issuer); U.S. Bank National Association, as trustee (in such capacity, together with any permitted successors in such capacity, the Trustee) under the Indenture referred to below; and U.S. Bank National Association (the Bank), as securities intermediary, bank and custodian (collectively, in such capacities, together with any permitted successors in such capacity, the Custodian).
ADMINISTRATION AGREEMENTAdministration Agreement • March 9th, 2016 • Business Development Corp of America • New York
ADMINISTRATION AGREEMENT (the “Agreement”) made as of February 9, 2016 and effective as of January 1, 2016 by and between Business Development Corporation of America, a Maryland corporation (the “Corporation”), and ARC Advisory Services, LLC, a Delaware limited liability company (the “Administrator”).
SUBSCRIPTION AGREEMENT (this Agreement)Subscription Agreement • June 9th, 2016 • Business Development Corp of America • New York
BDCA Helvetica Funding, Ltd., an exempted company incorporated with limited liability under the laws of the Cayman Islands (the Issuer), proposes to issue and sell U.S.$69,474,000 Class A Notes due 2025 (the Notes) pursuant to the Second Amended and Restated Indenture, dated as of June 6, 2016 (as further amended, supplemented or otherwise modified from time to time, the Indenture), between the Issuer and U.S. Bank National Association, as trustee (the Trustee). Capitalized terms used but not defined herein shall have the same meanings given to such terms in the Indenture.
The Bond Market Association International Securities Market AssociationGlobal Master Repurchase Agreement • April 7th, 2015 • Business Development Corp of America • England
ASSET PURCHASE AGREEMENT by and between TRIANGLE CAPITAL CORPORATION and BSP ASSET ACQUISITION I, LLC DATED AS OF APRIL 3, 2018Asset Purchase Agreement • April 23rd, 2018 • Business Development Corp of America • Maryland
WHEREAS, Seller has elected to be regulated as a “business development company” (“BDC”) under the Investment Company Act of 1940, as amended (the “Investment Company Act”);
COLLATERAL ADMINISTRATION AGREEMENTCollateral Administration Agreement • July 2nd, 2014 • Business Development Corp of America • New York
This COLLATERAL ADMINISTRATION AGREEMENT, dated as of June 27, 2014 (this “Agreement”), is entered into by and among BDCA-CB FUNDING, LLC, a limited liability company formed under the laws of the State of Delaware (the “Borrower”), BUSINESS DEVELOPMENT CORPORATION OF AMERICA, a Maryland corporation, as collateral manager (in such capacity, the “Collateral Manager”), CITIBANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”), and U.S. BANK NATIONAL ASSOCIATION (“U.S. Bank”), as collateral administrator under and for purposes of this Agreement (in such capacity, the “Collateral Administrator”).
AMENDMENT NO. 12 TO LOAN AND SERVICING AGREEMENTLoan and Servicing Agreement • November 13th, 2018 • Business Development Corp of America
AMENDED AND RESTATED FUND ACCOUNTING SERVICING AGREEMENTFund Accounting Servicing Agreement • April 17th, 2015 • Business Development Corp of America • Wisconsin
THIS AGREEMENT is made and entered into as of this 13th day of April, 2015, by and between BUSINESS DEVELOPMENT CORPORATION OF AMERICA, a Maryland corporation (the “Fund”), and U.S. Bancorp Fund Services, LLC, a Wisconsin limited liability company (“USBFS”).
COLLECTION ACCOUNT AGREEMENTCollection Account Agreement • August 7th, 2012 • Business Development Corp of America • New York
THIS COLLECTION ACCOUNT AGREEMENT (this “Agreement”) is made as of July 24, 2012, by and among U.S. BANK NATIONAL ASSOCIATION (“U.S. Bank”), a national banking association, in its capacity as Collection Account Bank (“Account Bank”) and its capacity as Collateral Agent (together with its successors and assigns, “Collateral Agent”), WELLS FARGO SECURITIES, LLC, in its capacity as Administrative Agent (together with its successors and assigns, “Administrative Agent”), BDCA FUNDING I, LLC, a Delaware limited liability company, in its capacity as (“Borrower”) and BUSINESS DEVELOPMENT CORPORATION OF AMERICA, a Maryland corporation, in its capacity as Servicer (“Servicer”).
AMENDED AND RESTATED INVESTMENT SUB-ADVISORY AGREEMENTInvestment Sub-Advisory Agreement • January 14th, 2011 • Business Development Corp of America • Delaware
THIS AMENDED AND RESTATED INVESTMENT SUB-ADVISORY AGREEMENT (“Agreement”) made as of the 13th day of January 2011, by and between BDCA Adviser, LLC, a Delaware limited liability company (the “Adviser”) and Main Street Capital Corporation, a Maryland corporation (the “Sub-Adviser”).
FORM OF SUBSCRIPTION ESCROW AGREEMENTSubscription Escrow Agreement • November 24th, 2010 • Business Development Corp of America • New York
THIS SUBSCRIPTION ESCROW AGREEMENT dated as of ___, 2010 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), Business Development Corporation of America, Inc. (the “Company”) and Wells Fargo Bank, National Association, as escrow agent (the “Escrow Agent”).
COLLATERAL MANAGEMENT AGREEMENTCollateral Management Agreement • April 7th, 2015 • Business Development Corp of America • New York
This Collateral Management Agreement (this "Agreement") is made as of April 7, 2015, by and between BDCA Helvetica Funding, Ltd., an exempted company incorporated with limited liability under the laws of the Cayman Islands (the "Issuer") and Business Development Corporation of America, a corporation incorporated under the laws of the State of Maryland (together with is successors and assigns in such capacity, the "Collateral Manager").
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 14th, 2011 • Business Development Corp of America • Texas
THIS LOAN AND SECURITY AGREEMENT ("Agreement") is made this 14th day of January, 2011, by and among Business Development Corporation of America, a Maryland corporation (together with its Affiliates and Subsidiaries, the "Borrower") and Main Street Capital Corporation, a Maryland corporation ("Lender").
