Standard Contracts
U.S. $200,000,000 LOAN AND SECURITY AGREEMENT by and among AMBLER FUNDING LLC, as the Borrower EACH OF THE LENDERS FROM TIME TO TIME PARTY HERETO, as the Lenders ALLY BANK, as the Administrative Agent and Arranger and WELLS FARGO BANK, N.A., as the...Loan and Security Agreement • November 26th, 2019 • FS Investment Corp IV • New York
THIS LOAN AND SECURITY AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, this “Agreement”) is made as of November 22, 2019, by and among:
INVESTMENT ADVISORY AND ADMINISTRATIVE SERVICES AGREEMENT BETWEEN FS INVESTMENT CORPORATION IV AND FS/KKR ADVISOR, LLCInvestment Advisory and Administrative Services Agreement • April 9th, 2018 • FS Investment Corp IV • New York
This Investment Advisory and Administrative Services Agreement (this “Agreement”) is made this 9th day of April, 2018, by and between FS INVESTMENT CORPORATION IV, a Maryland corporation (the “Corporation”), and FS/KKR ADVISOR, LLC, a Delaware limited liability company (the “Adviser”).
CUSTODIAN AGREEMENTCustodian Agreement • September 24th, 2015 • FS Investment Corp IV • Massachusetts
This Agreement, dated as of September 21, 2015, is by and between FS INVESTMENT CORPORATION IV, a Maryland corporation (the “Company”), and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (the “Custodian”).
SPECIAL CUSTODY AND PLEDGE AGREEMENTSpecial Custody and Pledge Agreement • February 15th, 2017 • FS Investment Corp IV • New York
AGREEMENT (hereinafter “Agreement”), dated as of March 1, 2017, among State Street Bank and Trust Company, a Massachusetts trust company, in its capacity as custodian hereunder (“Custodian”), Broomall Funding LLC (the “Fund”), and BNP Paribas Prime Brokerage International, Ltd. (the “Counterparty”).
AMENDED AND RESTATED ESCROW AGREEMENTEscrow Agreement • October 13th, 2015 • FS Investment Corp IV • Missouri
This Amended and Restated Escrow Agreement (this “Agreement”) is made and entered into as of this 9th day of October, 2015 by and among FS Investment Corporation IV, a Maryland corporation (the “Company”), UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the “Escrow Agent”), and FS2 Capital Partners, LLC, a Delaware limited liability company (the “Dealer Manager”), for itself and for and on behalf of its selected dealers (the “Selected Dealers”).
FS INVESTMENT CORPORATION IV Up to 250,000,000 Shares of Common Stock, $0.001 par value per share SECOND AMENDED AND RESTATED DEALER MANAGER AGREEMENT January 25, 2017Dealer Manager Agreement • February 2nd, 2017 • FS Investment Corp IV • Delaware
FS Investment Corporation IV, a Maryland corporation (the “Corporation”), has registered for public sale (the “Offering”) up to 250,000,000 shares of its common stock, $0.001 par value per share (the “Common Stock”), to be issued and sold to the public on a “best efforts” basis through FS Investment Solutions, LLC as the managing dealer (the “Dealer Manager”) and the broker-dealers, registered investment advisers (“RIA”) and other financial intermediaries participating in the offering (the “Selected Dealers”). The Offered Shares will be sold at the current offering price, which may be subject to change, as more fully described in its registration statement on Form N-2 filed by the Corporation (File No. 333-204239) (as may be amended or supplemented from time to time, the “Registration Statement”), which includes the Corporation’s prospectus, as amended or supplemented from time to time. Terms not otherwise defined herein shall have the same meaning as in the Prospectus, as that term is
AMENDED AND RESTATED EXPENSE SUPPORT AND CONDITIONAL REIMBURSEMENT AGREEMENTExpense Support and Conditional Reimbursement Agreement • October 13th, 2015 • FS Investment Corp IV
This Amended and Restated Expense Support and Conditional Reimbursement Agreement (the “Agreement”) is made this 9th day of October, 2015, by and between FS INVESTMENT CORPORATION IV, a Maryland corporation (the “Company”), and FRANKLIN SQUARE HOLDINGS, L.P., a Pennsylvania limited partnership (“FSH”).
INVESTMENT SUB-ADVISORY AGREEMENT BY AND BETWEEN FSIC IV ADVISOR, LLC AND GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLCInvestment Sub-Advisory Agreement • September 24th, 2015 • FS Investment Corp IV • New York
THIS INVESTMENT SUB-ADVISORY AGREEMENT (“Agreement”) made this 21st day of September, 2015, by and between FSIC IV ADVISOR, LLC, a Delaware limited liability company (the “Adviser”), and GSO / BLACKSTONE DEBT FUNDS MANAGEMENT LLC, a Delaware limited liability company (the “Sub-Adviser”).
FS Investment Corporation IV 8-Ku.s. Pb Agreement • February 15th, 2017 • FS Investment Corp IV • New York
This U.S. PB Agreement (including all terms, schedules, supplements and exhibits attached hereto, this “Agreement”) is entered into between the customer specified below (“Customer”) and BNP Paribas Prime Brokerage International, Ltd. (“BNPP PB”) on behalf of itself and as agent for the BNPP Entities (as defined in the Account Agreement attached as Exhibit A hereto). The Agreement sets forth the terms and conditions on which BNPP PB will transact business with Customer. Customer and BNPP PB, on behalf of itself and as agent for the BNPP Entities, have also entered into the Account Agreement.
and FS INVESTMENT CORPORATION IV, as Investment Manager INVESTMENT MANAGEMENT AGREEMENT Dated as of March 1, 2017Investment Management Agreement • February 15th, 2017 • FS Investment Corp IV • New York
INVESTMENT MANAGEMENT AGREEMENT, dated as of March 1, 2017 (this “Agreement”), between BROOMALL FUNDING LLC, a Delaware limited liability company (the “Company”), and FS INVESTMENT CORPORATION IV, a Maryland corporation, as investment manager (in such capacity, the “Investment Manager”).
FS Investment Corporation IVGuarantee • January 22nd, 2016 • FS Investment Corp IV • New York
GUARANTEE, dated as of January 19, 2016, by FS INVESTMENT CORPORATION IV, a corporation organized under the laws of the State of Maryland (the Guarantor), in favor of CITIBANK, N.A. (the Beneficiary).
FS INVESTMENT CORPORATION IV Up to 250,000,000 Shares of Common Stock, $0.001 par value per share SELECTED DEALER AGREEMENT Dated: [●], 2015Selected Dealer Agreement • September 24th, 2015 • FS Investment Corp IV • Delaware
Subject to the terms described hereinbelow, FS2 Capital Partners, LLC, as the dealer manager (“Dealer Manager”) for FS Investment Corporation IV, a Maryland corporation (the “Corporation”), invites you, (“Selected Dealer”) to participate in the distribution, on a “best efforts” basis, of up to 250,000,000 shares of common stock of the Corporation, $0.001 par value per share, to be issued and sold to the public on a “best efforts” basis in any combination of Class A, Class D, Class T and Class I shares. Each of the Class A, Class D, Class T, and Class I shares will be sold at the initial offering price as set forth in Section III hereof, which may be subject to change as set forth in the registration statement on Form N-2 filed by the Corporation (File No. 333-204239), which includes the Corporation’s prospectus, as amended or supplemented from time to time (the “Prospectus”). The term “Offered Shares” as used herein shall refer to any of the Class A, Class D, Class T, and Class I share
Committed Facility AgreementCommitted Facility Agreement • February 15th, 2017 • FS Investment Corp IV • New York
BNP Paribas prime brokerage INTERNATIONAL, LTD. (“BNPP PB”) and the counterparty specified on the signature page hereto (“Customer”), hereby enter into this Committed Facility Agreement (this “Agreement”), dated as of the date specified on the signature page hereto.
EXPENSE SUPPORT AND CONDITIONAL REIMBURSEMENT AGREEMENTExpense Support and Conditional Reimbursement Agreement • April 9th, 2018 • FS Investment Corp IV • Delaware
This Expense Support and Conditional Reimbursement Agreement (this “Agreement”) is made this 9th day of April, 2018, by and between FS INVESTMENT CORPORATION IV, a Maryland corporation (the “Company”), and FS/KKR ADVISOR, LLC, a Delaware limited liability company (the “Advisor”).
SECOND AMENDMENT AGREEMENTCommitted Facility Agreement • March 18th, 2019 • FS Investment Corp IV • New York
AMENDMENT AGREEMENT (“Amendment”) dated as of December 31, 2018 to the Committed Facility Agreement dated as of March 1, 2017 between BNP Paribas Prime Brokerage International, Ltd. (“BNPP PB”) and Broomall Funding LLC (“Customer”).
FS INVESTMENT CORPORATION IV Up to 250,000,000 Shares of Common Stock, $0.001 par value per share FORM OF SELECTED DEALER AGREEMENT Dated:Selected Dealer Agreement • February 2nd, 2017 • FS Investment Corp IV • Delaware
Subject to the terms described herein below, FS Investment Solutions, LLC, as the dealer manager (“Dealer Manager”) for FS Investment Corporation IV, a Maryland corporation (the “Corporation”), invites you, (“Selected Dealer”) to participate in the distribution of up to 250,000,000 shares of common stock of the Corporation, $0.001 par value per share, to be issued and sold to the public on a “best efforts” basis. The Company is currently only offering shares of Class T common stock (the “Class T Shares”) at the current offering price as set forth in Section III hereof, which may be subject to change as set forth in the registration statement on Form N-2 filed by the Corporation (File No. 333-204239), which includes the Corporation’s prospectus, as amended or supplemented from time to time (the “Prospectus”). The term “Offered Shares” as used herein shall refer to the Class T shares permitted to be sold pursuant to the offering terms and conditions as set forth in the Prospectus.
INVESTMENT MANAGEMENT AGREEMENT dated as of January 19, 2016 BY AND BETWEEN CHELTENHAM FUNDING LLC, a Delaware limited liability company AND FS INVESTMENT CORPORATION IV, a Maryland corporationInvestment Management Agreement • January 22nd, 2016 • FS Investment Corp IV • New York
This Investment Management Agreement (the “Agreement”), dated as of January 19, 2016, is made by and between CHELTENHAM FUNDING LLC (the “Company”), a Delaware limited liability company, and FS INVESTMENT CORPORATION IV (the “Investment Manager”), a Maryland corporation. Reference is made to that certain ISDA 2002 Master Agreement (together with the Schedule, Credit Support Annex and the total return swap transaction Confirmation related thereto, as amended, modified, extended, supplemented or restated from time to time, collectively, the “Swap Agreement”) between the Company and Citibank, N.A. (“Citibank”). Unless otherwise specified, capitalized terms used but not otherwise defined in this Agreement shall have the meanings given to them in the Limited Liability Company Agreement of the Company dated as of January 19, 2016 (as the same may be amended from time to time, the “Operating Agreement”) or if not defined therein, shall have the meanings given to them in the Swap Agreement. Re
FIRST AMENDMENT AGREEMENTCommitted Facility Agreement • August 14th, 2018 • FS Investment Corp IV • New York
AMENDMENT AGREEMENT (“Amendment”) dated as of May 29, 2018 to the Committed Facility Agreement dated as of March 1, 2017 between BNP Paribas Prime Brokerage International, Ltd. (“BNPP PB”) and Broomall Funding LLC (“Customer”).
SCHEDULE to the ISDA 2002 Master Agreement dated as of January 19, 2016 (amended and restated as of June 28, 2019) between CITIBANK, N.A., a national banking association organized under the laws of the United States (“Party A”) and CHELTENHAM FUNDING...Isda 2002 Master Agreement • July 5th, 2019 • FS Investment Corp IV • New York
With effect from and after June 28, 2019 (the “Amendment Effective Date”), this Schedule to the ISDA 2002 Master Agreement (without the Credit Support Annex thereto) amends and restates the prior Schedule to the Master Agreement dated as of January 19, 2016 (without the Credit Support Annex thereto, the “Original Schedule”), which Original Schedule (with respect to the period from and after the Amendment Effective Date) is hereby superseded and shall be of no further force or effect. The Original Schedule, as amended and restated hereby, is the Schedule to the Master Agreement dated as of January 19, 2016 between Party A and Party B. Except as expressly provided in this amended and restated Schedule, said Master Agreement shall remain unchanged and in full force and effect. Any reference to the “Schedule” or words of similar import in said Master Agreement or any Confirmation exchanged thereunder shall be a reference to the Original Schedule, as amended and restated hereby, and as the
FS INVESTMENT CORPORATION IV Up to 250,000,000 Shares of Common Stock, $0.001 par value per share FORM OF SELECTED DEALER AGREEMENT Dated:Selected Dealer Agreement • December 15th, 2016 • FS Investment Corp IV • Delaware
Subject to the terms described herein below, FS Investment Solutions, LLC, as the dealer manager (“Dealer Manager”) for FS Investment Corporation IV, a Maryland corporation (the “Corporation”), invites you, (“Selected Dealer”) to participate in the distribution of up to 250,000,000 shares of common stock of the Corporation, $0.001 par value per share, to be issued and sold to the public on a “best efforts” basis. The Company is currently only offering shares of Class T common stock (the “Class T Shares”) at the current offering price as set forth in Section III hereof, which may be subject to change as set forth in the registration statement on Form N-2 filed by the Corporation (File No. 333-204239), which includes the Corporation’s prospectus, as amended or supplemented from time to time (the “Prospectus”). The term “Offered Shares” as used herein shall refer to the Class T shares permitted to be sold pursuant to the offering terms and conditions as set forth in the Prospectus.
