FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • July 21st, 2021 • WhiteHorse Finance, Inc. • New York
FIFTH AMENDED AND RESTATED LOAN AGREEMENT, dated as of April 28, 2021 (this "Agreement"), among WHITEHORSE FINANCE CREDIT I, LLC, as borrower (the "Company"); WHITEHORSE FINANCE, INC. (the "Portfolio Manager"); the Financing Providers party hereto; the Collateral Agent party hereto (in such capacity, the "Collateral Agent"); the Collateral Administrator party hereto (in such capacity, the "Collateral Administrator"); the Securities Intermediary party hereto (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").
WhiteHorse Finance, Inc. 4.25% Senior Notes due December 6, 2028 Note Purchase Agreement Dated December 6, 2021WhiteHorse Finance, Inc. • December 6th, 2021 • New York
SECOND AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT BETWEEN WHITEHORSE FINANCE, INC. ANDInvestment Advisory Agreement • March 5th, 2024 • WhiteHorse Finance, Inc. • New York
This Second Amended and Restated Investment Advisory Agreement is made this 22 day of February, 2024 (this “Agreement”), by and between WHITEHORSE FINANCE, INC., a Delaware corporation (the “Corporation”), and H.I.G. WHITEHORSE ADVISERS, LLC, a Delaware limited liability company (the “Adviser”).
ADMINISTRATION AGREEMENTAdministration Agreement • March 5th, 2013 • WhiteHorse Finance, Inc. • New York
AGREEMENT (this “Agreement”) made as of this 4th day of December, 2012, by and between WhiteHorse Finance, Inc., a Delaware corporation (the “Company”), and H.I.G. WhiteHorse Administration, LLC, a Delaware limited liability company (the “Administrator”).
SUBSCRIPTION AGENT AGREEMENT BY AND BETWEEN WHITEHORSE FINANCE, INC. andSubscription Agent Agreement • June 2nd, 2014 • WhiteHorse Finance, Inc. • New York
This Subscription Rights Agreement (the “Agreement”) is made as of between WhiteHorse Finance, Inc., a Delaware corporation (the “Company”), and (the “Subscription Agent”), and relates to the base prospectus included in the Registration Statement on Form N-2, File No. 333- , filed by the Company with the Securities and Exchange Commission on , 2014, as amended by any amendment filed with respect thereto (the “Registration Statement”) and any prospectus supplement (together with the base prospectus, the “Prospectus”). Capitalized terms not otherwise defined herein shall have the meanings given to them in the Subscription Certificate (as defined below).
SECOND AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT among WhiteHorse Finance Warehouse, LLC, as Borrower, THE LENDERS FROM TIME TO TIME PARTIES HERETO, NATIXIS, NEW YORK BRANCH, as Facility Agent and THE BANK OF NEW YORK MELLON TRUST COMPANY,...Credit and Security Agreement • November 6th, 2015 • WhiteHorse Finance, Inc. • New York
SECOND AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT dated as of July 8, 2015 among WhiteHorse Finance Warehouse, LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, the "Borrower"); the LENDERS from time to time party hereto; NATIXIS, NEW YORK BRANCH ("Natixis"), as facility agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the "Facility Agent") and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as collateral agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the "Collateral Agent").
WHITEHORSE FINANCE, INC. (a Delaware corporation)Underwriting Agreement • August 21st, 2023 • WhiteHorse Finance, Inc. • New York
WhiteHorse Finance, Inc., a Delaware corporation (the “Company”), H.I.G. WhiteHorse Advisers, LLC, a Delaware limited liability company (“WhiteHorse Advisers” or the “Adviser”), and H.I.G. WhiteHorse Administration, LLC, a Delaware limited liability company (the “Administrator” and, together with the Company and the Adviser, the “WhiteHorse Entities”), confirm their respective agreements with Oppenheimer & Co. Inc. and each of the other Underwriters named in Schedule I hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 12 hereof), for whom Oppenheimer & Co. Inc. is acting as representative (in such capacity, the “Representative”), with respect to the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of $30,000,000 aggregate principal amount of 7.875% Notes due 2028 (the “Notes”).
Form of Underwriting Agreement] WHITEHORSE FINANCE, INC. (a Delaware corporation) • Shares of Common Stock UNDERWRITING AGREEMENT WHITEHORSE FINANCE, INC. (a Delaware corporation) • Shares of Common Stock (Par Value $0.001 Per Share)Underwriting Agreement • June 2nd, 2014 • WhiteHorse Finance, Inc. • New York
WhiteHorse Finance, Inc., a Delaware corporation (the “Company”), H.I.G. WhiteHorse Advisers, LLC, a Delaware limited liability company (“WhiteHorse Advisers” or the “Adviser”), and H.I.G. WhiteHorse Administration, LLC, a Delaware limited liability company (the “Administrator” and, together with the Company and the Adviser, the “WhiteHorse Entities”), confirm their respective agreements 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 10 hereof), for whom [ ] are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of common stock, par value $0.001 per share, of the Company (“Common Stock”) set forth in Schedule A hereto and (ii) the grant by the Company to the Und
COLLATERAL MANAGEMENT AGREEMENT dated as of September 27, 2012 by and between WHITEHORSE FINANCE WAREHOUSE, LLC, as Borrower and WHITEHORSE FINANCE, LLC, as Collateral ManagerCollateral Management Agreement • November 8th, 2012 • WhiteHorse Finance, LLC • New York
THIS COLLATERAL MANAGEMENT AGREEMENT (this “Agreement”), dated as of September 27, 2012, is entered into by and between WHITEHORSE FINANCE WAREHOUSE, LLC, a Delaware limited liability company (together with its successors and assigns permitted hereunder, the “Borrower”), and WHITEHORSE FINANCE, LLC, a Delaware limited liability company (“WhiteHorse Finance” and in its capacity as Collateral Manager, and together with its successors (including any successor by conversion in connection with its BDC Election Date) and its assigns permitted hereunder, the “Collateral Manager”).
SIXTH AMENDMENT TO FIFTH AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • April 13th, 2023 • WhiteHorse Finance, Inc. • New York
FIFTH AMENDED AND RESTATED LOAN AGREEMENT, dated as of April 28, 2021 (this "Agreement"), among WHITEHORSE FINANCE CREDIT I, LLC, as borrower (the "Company"); WHITEHORSE FINANCE, INC. (the "Portfolio Manager"); the Financing Providers party hereto; the Collateral Agent party hereto (in such capacity, the "Collateral Agent"); the Collateral Administrator party hereto (in such capacity, the "Collateral Administrator"); the Securities Intermediary party hereto (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").
REVOLVING CREDIT AND SECURITY AGREEMENT among WHITEHORSE FINANCE WAREHOUSE, LLC, as Borrower, THE LENDERS FROM TIME TO TIME PARTIES HERETO, NATIXIS, NEW YORK BRANCH, as Facility Agent and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Collateral...Credit and Security Agreement • November 8th, 2012 • WhiteHorse Finance, LLC • New York
REVOLVING CREDIT AND SECURITY AGREEMENT dated as of September 27, 2012 among WHITEHORSE FINANCE WAREHOUSE, LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, the “Borrower”); the LENDERS from time to time party hereto; NATIXIS, NEW YORK BRANCH (“Natixis”), as facility agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Facility Agent”) and THE BANK OF NEW YORK MELLON, N.A., as collateral agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Collateral Agent”).
LIMITED LIABILITY TRUST COMPANY AGREEMENT OF EQUINITI TRUST COMPANY, LLCLimited Liability Trust Company Agreement • August 1st, 2023 • WhiteHorse Finance, Inc. • New York
THIS LIMITED LIABILITY TRUST COMPANY AGREEMENT (as amended, amended and restated, supplemented or modified from time to time, the “Agreement”) of Equiniti Trust Company, LLC (the “Company”) dated as of this 30th day of June, 2023 (the “Effective Date”), is entered into by Armor Holding II LLC, as the sole member of the Company (the “Member”).
UNDERWRITING AGREEMENTUnderwriting Agreement • July 10th, 2013 • WhiteHorse Finance, Inc. • New York
The Notes will be issued under an indenture to be dated as of [●] (the “Indenture”), between the Company and American Stock Transfer & Trust Company, LLC, trustee (the “Trustee”). The Notes will be issued to Cede & Co., as nominee of the Depository Trust Company (“DTC”) pursuant to a blanket letter of representations to be dated on or prior to the Closing Date (as defined herein), between the Company and DTC.
TERM LOAN NOTEWhiteHorse Finance, LLC • November 8th, 2012
FIRST AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • July 11th, 2013 • WhiteHorse Finance, Inc. • New York
This FIRST AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”) dated as of July 9, 2013, by and among WHITEHORSE FINANCE, INC., a Delaware corporation (f/k/a Whitehorse Finance, LLC) (the “Borrower”), H.I.G. BAYSIDE LOAN OPPORTUNITY FUND II, L.P., a Delaware limited partnership (the “Guarantor”), the Lenders and CITIBANK, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). All capitalized terms used and not otherwise defined in this Amendment shall have the meanings provided for such terms in Section 1.
WHITEHORSE FINANCE, INC. (a Delaware corporation) Common Stock (Par Value $0.001 Per Share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • April 3rd, 2023 • WhiteHorse Finance, Inc. • New York
WHITEHORSE FINANCE, INC., as Issuer, and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, Trustee INDENTURE Dated as of July 23, 2013 6.50% Senior Notes due 2020 WHITEHORSE FINANCE, INC. Reconciliation and tie between Trust Indenture Act of 1939 and...Indenture • July 23rd, 2013 • WhiteHorse Finance, Inc. • New York
SECOND AMENDED AND RESTATED LOAN SALE AND CONTRIBUTION AGREEMENT by and between WHITEHORSE FINANCE, INC., as the Seller and WHITEHORSE FINANCE WAREHOUSE, LLC, as the Buyer Dated as of August 13, 2014Loan Sale and Contribution Agreement • August 14th, 2014 • WhiteHorse Finance, Inc. • New York
THIS SECOND AMENDED AND RESTATED LOAN SALE AND CONTRIBUTION AGREEMENT, dated as of August 13, 2014 (as amended, modified, supplemented or restated from time to time, this “Agreement”), is between WHITEHORSE FINANCE, INC., a Delaware corporation (together with its successors and assigns, “Parent,” and in its capacity as seller hereunder, together with its successors and assigns, the “Seller”) and WHITEHORSE FINANCE WAREHOUSE, LLC, a Delaware limited liability company (together with its successors and assigns, the “Buyer”).
WHITEHORSE FINANCE, INC. (a Delaware corporation) Up to 3,321,033 Shares of Common Stock (Par Value $0.001 Per Share) Issuable Upon Exercise of Non- transferable Rights to Subscribe for Such Shares of Common Stock DEALER MANAGER AGREEMENTDealer Manager Agreement • October 23rd, 2015 • WhiteHorse Finance, Inc. • New York
FOURTH AMENDMENT TO FIFTH AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • February 10th, 2022 • WhiteHorse Finance, Inc. • New York
This Fourth Amendment to the Fifth Amended and Restated Loan Agreement (this "Amendment"), dated as of February 4, 2022, is entered into by and among WHITEHORSE FINANCE CREDIT I, LLC (the "Company"), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as lender (the "Lender") and administrative agent (the "Administrative Agent"), CITIBANK, N.A., as collateral agent (the "Collateral Agent") and securities intermediary (the "Securities Intermediary"), WHITEHORSE FINANCE, INC. (the "Portfolio Manager") and VIRTUS GROUP LP, as collateral administrator (the "Collateral Administrator"). Reference is hereby made to the Fifth Amended and Restated Loan Agreement (as amended by the First Amendment dated as of July 15, 2021, as amended by the Second Amendment dated as of October 4, 2021, as amended by the Third Amendment dated as of January 4, 2022 and as further amended or modified from time to time, the "Loan Agreement"), dated as of April 28, 2021, among the Company, the Lender, the Administrative Agen
WhiteHorse Finance, Inc. Note Purchase Agreement Dated July 13, 2018Defined Terms • July 17th, 2018 • WhiteHorse Finance, Inc. • New York
WHITEHORSE FINANCE INC. UNDERWRITING AGREEMENTAdministration Agreement • November 13th, 2018 • WhiteHorse Finance, Inc. • New York
WhiteHorse Finance, Inc., a corporation incorporated under the laws of the State of Delaware (the “Fund”), is a non-diversified closed-end management investment company that has elected to be regulated as a business development company under the Investment Company Act of 1940, as amended (the “Investment Company Act”). The Fund proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), $33,000,000 aggregate principal amount of its 6.50% notes due November 30, 2025 (the “Notes”). The Fund also proposes to sell to the several Underwriters up to an additional $4,950,000 aggregate principal amount of Notes (the “Additional Notes”) if and to the extent that Ladenburg Thalmann & Co. Inc., as the representative of the Underwriters in the offering (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 Addi
WHITEHORSE FINANCE, LLC, as Borrower TERM LOAN AGREEMENT CITIBANK, N. A., as Administrative Agent and Sole Lead Arranger, and LENDERS NAMED HEREIN as Lenders DATE OF AGREEMENT: November [ ], 2012Term Loan Agreement • November 8th, 2012 • WhiteHorse Finance, LLC • New York
THIS TERM LOAN AGREEMENT, dated as of November [ ], 2012, by and among WHITEHORSE FINANCE, LLC, a Delaware limited liability company, as borrower (the “Borrower”), CITIBANK, N. A., a national banking association (in its individual capacity, “Citibank”), as a Lender (as hereinafter defined) and as Administrative Agent (as hereinafter defined) for Lenders, and each of the other lending institutions that becomes a Lender hereunder.
FORM OF CUSTODY AGREEMENTElectronic Access Services Agreement • November 8th, 2012 • WhiteHorse Finance, LLC • New York
AGREEMENT, dated as of between WHITEHORSE FINANCE, INC., a Delaware limited liability company having its principal office and place of business at 1450 Brickell Avenue, 31st Floor, Miami, Florida 33131 (the “Fund”) and THE BANK OF NEW YORK MELLON, a New York corporation authorized to do a banking business having its principal office and place of business at One Wall Street, New York, New York 10286 (“Custodian”).
THIRD AMENDMENT TO FIFTH AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • January 10th, 2022 • WhiteHorse Finance, Inc. • New York
This Third Amendment to the Fifth Amended and Restated Loan Agreement (this "Amendment"), dated as of January 4, 2022, is entered into by and among WHITEHORSE FINANCE CREDIT I, LLC (the "Company"), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as lender (the "Lender") and administrative agent (the "Administrative Agent"), CITIBANK, N.A., as collateral agent (the "Collateral Agent") and securities intermediary (the "Securities Intermediary"), WHITEHORSE FINANCE, INC. (the "Portfolio Manager") and Virtus Group LP, as collateral administrator (the "Collateral Administrator"). Reference is hereby made to the Fifth Amended and Restated Loan Agreement (as amended by the First Amendment dated as of July 15, 2021, as amended by the Second Amendment dated as of October 4, 2021 and as further amended or modified from time to time, the "Loan Agreement"), dated as of April 28, 2021, among the Company, the Lender, the Administrative Agent, the Collateral Agent, the Securities Intermediary, the Portfol
SECOND AMENDMENT TO FIFTH AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • October 8th, 2021 • WhiteHorse Finance, Inc. • New York
FIFTH AMENDED AND RESTATED LOAN AGREEMENT, dated as of April 28, 2021 (this “Agreement”), among WHITEHORSE FINANCE CREDIT I, LLC, as borrower (the “Company”); WHITEHORSE FINANCE, INC. (the “Portfolio Manager”); the Financing Providers party hereto; the Collateral Agent party hereto (in such capacity, the “Collateral Agent”); the Collateral Administrator party hereto (in such capacity, the “Collateral Administrator”); the Securities Intermediary party hereto (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”).
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT by and between WHITEHORSE FINANCE WAREHOUSE, LLC, as Borrower, and NATIXIS, NEW YORK BRANCH, as Facility Agent on behalf of the Lender Dated as of September 23, 2015 FIRST...Credit and Security Agreement • November 6th, 2015 • WhiteHorse Finance, Inc. • New York
This FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT, dated as of September 23, 2015 (this "Amendment"), is by and between WhiteHorse Finance Warehouse, LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, the "Borrower") and NATIXIS, NEW YORK BRANCH ("Natixis"), as facility agent acting on behalf of the Lender (in such capacity, together with its successors and assigns, the "Facility Agent").
RETENTION OF NET ECONOMIC INTEREST LETTER [Letterhead]Credit Agreement • November 8th, 2012 • WhiteHorse Finance, LLC
WARRANT AGREEMENT BY AND BETWEEN WHITEHORSE FINANCE, INC. ANDWarrant Agreement • June 2nd, 2014 • WhiteHorse Finance, Inc. • New York
Agreement made as of , between WHITEHORSE FINANCE, INC., a Delaware corporation, with offices at 1450 Brickell Avenue, 31st Floor, Miami, Florida 33131 (“Company”), and , a corporation, with offices at (“Warrant Agent”).
FIFTH AMENDMENT TO FIFTH AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • April 5th, 2022 • WhiteHorse Finance, Inc. • New York
This Fifth Amendment to the Fifth Amended and Restated Loan Agreement (this "Amendment"), dated as of March 30, 2022, is entered into by and among WHITEHORSE FINANCE CREDIT I, LLC (the "Company"), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as lender (the "Lender") and administrative agent (the "Administrative Agent"), CITIBANK, N.A., as collateral agent (the "Collateral Agent") and securities intermediary (the "Securities Intermediary"), WHITEHORSE FINANCE, INC. (the "Portfolio Manager") and VIRTUS GROUP LP, as collateral administrator (the "Collateral Administrator"). Reference is hereby made to the Fifth Amended and Restated Loan Agreement (as amended by the First Amendment dated as of July 15, 2021, as amended by the Second Amendment dated as of October 4, 2021, as amended by the Third Amendment dated as of January 4, 2022, as amended by the Fourth Amendment dated as of February 4, 2022 and as further amended or modified from time to time, the "Loan Agreement"), dated as of April 28
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • September 25th, 2012 • WhiteHorse Finance, LLC • New York
This TRADEMARK LICENSE AGREEMENT (this “Agreement”) is made and effective as of [—], 2012 (the “Effective Date”), by and between Bayside Capital, Inc., a Delaware corporation (“Licensor”), and WhiteHorse Finance, LLC, a Delaware limited liability company (“Licensee”) (each a “party,” and collectively, the “parties”).
SUBSCRIPTION AGENT AGREEMENTSubscription Agent Agreement • October 23rd, 2015 • WhiteHorse Finance, Inc. • New York
This SUBSCRIPTION AGENT AGREEMENT (this “Agreement”) is entered into as of October 22, 2015, by and between American Stock Transfer & Trust Company, LLC (the “Subscription Agent”) and WhiteHorse Finance, Inc. (the “Company”).
LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF H.I.G. WHITEHORSE HOLDINGS, LLC A Delaware Limited Liability Company Dated as of January 1, 2012Limited Liability Company Operating Agreement • September 10th, 2012 • WhiteHorse Finance, LLC • Delaware
THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this “Agreement”) of H.I.G. WhiteHorse Holdings, LLC (the “Company”) dated as of January 1, 2012 is entered into by and among the Company, the Investment Adviser and each of the other Persons (as defined below) executing this Agreement (the “Existing Members”) and those other Persons who become Members (as defined below) of the Company from time to time, as hereinafter provided.
SECOND SUPPLEMENTAL INDENTURE between WHITEHORSE FINANCE, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, Trustee Dated as of November 24, 2021Second Supplemental Indenture • November 24th, 2021 • WhiteHorse Finance, Inc.
THIS SECOND SUPPLEMENTAL INDENTURE (this “Second Supplemental Indenture”), dated as of November 24, 2021, is between WhiteHorse Finance, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, trustee (the “Trustee”). All capitalized terms used but not otherwise defined herein shall have the meaning set forth in the Base Indenture (as defined below).
October 22, 2015 WhiteHorse Finance, Inc.Letter of Agreement • October 23rd, 2015 • WhiteHorse Finance, Inc. • New York
