Silver Capital Holdings LLC Sample Contracts
SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 16th, 2023 • Goldman Sachs Private Middle Market Credit LLC • New York
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated as of June 21, 2021 (this “Agreement”) among Goldman Sachs Private Middle Market Credit SPV LLC, as borrower (the “Company”); GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT LLC (the “Portfolio Manager”); the Lenders party hereto; STATE STREET BANK AND TRUST COMPANY, in its capacity as collateral agent (in such capacity, the “Collateral Agent”); STATE STREET BANK AND TRUST COMPANY, in its capacity as collateral administrator (in such capacity, the “Collateral Administrator”); STATE STREET BANK AND TRUST COMPANY, in its capacity as securities intermediary (in such capacity, the “Securities Intermediary”) and as bank (in such capacity, the “Bank” and, together with the Securities Intermediary in such respective capacities, the “Intermediary”); and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”).
Standard Contracts
GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT LLC, as Borrower, REVOLVING CREDIT AGREEMENT BANK OF AMERICA, N.A., as the Administrative Agent, Lead Arranger, Letter of Credit Issuer and a Lender July 18, 2016Revolving Credit Agreement • September 2nd, 2016 • Goldman Sachs Private Middle Market Credit LLC • New York
THIS REVOLVING CREDIT AGREEMENT (this “Credit Agreement”) is dated as of July 18, 2016 by and among GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT LLC, a Delaware limited liability company, as borrower (the “Initial Borrower” or “Primary Borrower”; and together with any Qualified Borrowers becoming a party hereto, the “Borrowers” and each, a “Borrower”), BANK OF AMERICA, N.A. (“Bank of America”), as the Administrative Agent (as hereinafter defined) for the Secured Parties, the Lead Arranger, the Letter of Credit Issuer and as a Lender, and each of the other Persons from time to time party hereto as Lenders (each capitalized term not defined is defined below).
GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT LLC Third Amended and Restated Limited Liability Company Agreement Dated as of December 16, 2021Limited Liability Company Agreement • December 20th, 2021 • Goldman Sachs Private Middle Market Credit LLC • Delaware
This THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of Goldman Sachs Private Middle Market Credit LLC (the “Company”), is entered into as of December 16, 2021, by and among those Persons who have entered into Subscription Agreements with the Company for the purchase of common units of limited liability company interests (collectively, the “Common Units”) in the Company. This Agreement amends and restates in its entirety the Second Amended and Restated Limited Liability Company Agreement of the Company, dated as of November 1, 2016.
LICENSE AGREEMENT BETWEEN GOLDMAN, SACHS & CO. AND GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT LLC LICENSE AGREEMENT RELATING TO USE OF NAMELicense Agreement • September 2nd, 2016 • Goldman Sachs Private Middle Market Credit LLC • New York
This license agreement, dated as of the 11th day of April, 2016 (this “Agreement”), is between Goldman, Sachs & Co., a limited partnership organized under the laws of the State of New York (“Goldman Sachs”), and Goldman Sachs Private Middle Market Credit LLC, a limited liability company organized under the laws of the State of Delaware (the “Licensed Party”).
ADMINISTRATION AGREEMENTAdministration Agreement • September 2nd, 2016 • Goldman Sachs Private Middle Market Credit LLC • New York
This Administration Agreement (“Agreement”) dated and effective as of May 31, 2016, is by and between State Street Bank and Trust Company, a Massachusetts trust company (the “Administrator”), and Goldman Sachs Private Middle Market Credit LLC, a Delaware limited liability company (the “Company”).
CUSTODIAN CONTRACT BETWEEN GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT LLC AND STATE STREET BANK AND TRUST COMPANYCustodian Contract • September 2nd, 2016 • Goldman Sachs Private Middle Market Credit LLC • Massachusetts
This Contract is made between Goldman Sachs Private Middle Market Credit LLC, a limited liability company formed and existing under the laws of the State of Delaware, having its principal place of business at c/o Goldman Sachs Asset Management, L.P., 200 West Street, New York, New York 10282, hereinafter called the “Company,” and State Street Bank and Trust Company, a Massachusetts trust company, having its principal place of business at One Lincoln Street, Boston, Massachusetts, 02111, hereinafter called the “Custodian.”
INVESTMENT MANAGEMENT AND ADVISORY AGREEMENTInvestment Management and Advisory Agreement • July 13th, 2016 • Goldman Sachs Private Middle Market Credit LLC • New York
This AGREEMENT (this “Agreement”) is made as of the 11th day of April, 2016 between GOLDMAN SACHS ASSET MANAGEMENT, L.P. (the “Investment Adviser”), a limited partnership formed under the laws of the state of Delaware, and GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT LLC, a Delaware limited liability company (the “Company”).
SECOND AMENDMENT Dated as of: July 16, 2018Revolving Credit Agreement • July 16th, 2018 • Goldman Sachs Private Middle Market Credit LLC • New York
This SECOND AMENDMENT (this “Amendment”) dated as of July 16, 2018, is entered into by and between Goldman Sachs Private Middle Market Credit LLC, a Delaware limited liability company (the “Primary Borrower” and, together with any Qualified Borrowers becoming a party to the Credit Agreement (as defined below), the “Borrowers” and each a “Borrower”), and Bank of America, N.A. (“Bank of America”), as the administrative agent (in such capacity, the “Administrative Agent”) for the Secured Parties, the Lead Arranger, the Letter of Credit Issuer and as a Lender (in such capacity, “Lender”).
Silver Capital Holdings LLC Fourth Amended and Restated Limited Liability Company Agreement Dated as of December 17, 2024Limited Liability Company Agreement • March 4th, 2025 • Silver Capital Holdings LLC • Delaware
FIRST AMENDMENTRevolving Credit Agreement • March 8th, 2017 • Goldman Sachs Private Middle Market Credit LLC • New York
This FIRST AMENDMENT (this “Amendment”) dated as of March 3, 2017 is entered into by and between Goldman Sachs Private Middle Market Credit LLC, a Delaware limited liability company (the “Primary Borrower” and, together with any Qualified Borrowers becoming a party to the Credit Agreement (as defined below), the “Borrowers” and each a “Borrower”), and Bank of America, N.A. (“Bank of America”), as the administrative agent (in such capacity, the “Administrative Agent”) for the Secured Parties, the Lead Arranger, the Letter of Credit Issuer and as a Lender (in such capacity, “Lender”).
Goldman Sachs Private Middle Market SPV LLC c/o Goldman Sachs Private Middle Market Credit LLCLoan Agreement • February 28th, 2019 • Goldman Sachs Private Middle Market Credit LLC
FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF SILVER CAPITAL HOLDINGS LLCLimited Liability Company Agreement • January 24th, 2025 • Silver Capital Holdings LLC
THIS FIRST AMENDMENT TO THE FOURTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Amendment”) of SILVER CAPITAL HOLDINGS LLC, a Delaware limited liability company (the “Company”), is made effective as of January 21, 2025 (the “Effective Date”). Capitalized terms not otherwise expressly defined in this Amendment shall have the meanings assigned to such terms in the Company Agreement (as defined below).
AGREEMENT AND PLAN OF MERGER among GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT LLC, SILVER MERGER SUB LLC, and PANTHEON SILVER HOLDINGS LLC Dated as of October 31, 2024Merger Agreement • November 1st, 2024 • Goldman Sachs Private Middle Market Credit LLC • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of October 31, 2024 (as may be amended, restated, supplemented or otherwise modified from time to time in accordance herewith, this “Agreement”), among Goldman Sachs Private Middle Market Credit LLC, a Delaware limited liability company (“Company”), Pantheon Silver Holdings LLC, a Delaware limited liability company (“Buyer”) and Silver Merger Sub LLC, a Delaware limited liability company and wholly-owned direct Consolidated Subsidiary of Buyer (“Merger Sub”).
Goldman Sachs Private Middle Market SPV LLC c/o Goldman Sachs Private Middle Market Credit LLCLetter Agreement • January 30th, 2019 • Goldman Sachs Private Middle Market Credit LLC
THIRD AMENDMENT Dated as of: August 1, 2018Revolving Credit Agreement • August 2nd, 2018 • Goldman Sachs Private Middle Market Credit LLC • New York
This THIRD AMENDMENT (this “Amendment”) dated as of August 1, 2018, is entered into by and between Goldman Sachs Private Middle Market Credit LLC, a Delaware limited liability company (the “Primary Borrower” and, together with any Qualified Borrowers becoming a party to the Credit Agreement (as defined below), the “Borrowers” and each a “Borrower”), and Bank of America, N.A. (“Bank of America”), as the administrative agent (in such capacity, the “Administrative Agent”) for the Secured Parties, the Lead Arranger, the Letter of Credit Issuer and as a Lender (in such capacity, “Lender”).
Goldman Sachs Private Middle Market Credit SPV LLC c/o Goldman Sachs Private Middle Market Credit LLCLetter Agreement • October 25th, 2018 • Goldman Sachs Private Middle Market Credit LLC
AMENDED AND RESTATED INVESTMENT MANAGEMENT AND ADVISORY AGREEMENTInvestment Management and Advisory Agreement • March 4th, 2025 • Silver Capital Holdings LLC
This AMENDED AND RESTATED INVESTMENT MANAGEMENT AND ADVISORY AGREEMENT (this “Agreement”) is made as of the 17th day of December between GOLDMAN SACHS ASSET MANAGEMENT, L.P. (the “Investment Adviser”), a limited partnership formed under the laws of the state of Delaware, and GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT LLC, a Delaware limited liability company (the “Company”), and amends and restates the Investment Management and Advisory Agreement, dated as of April 11, 2016, between the Company and the Investment Adviser (the “Original Investment Advisory Agreement”).
