CUSTODY AGREEMENTCustody Agreement • May 17th, 2024 • OFS Credit Company, Inc. • New York
This CUSTODY AGREEMENT (this "Agreement") is dated as of June 22, 2018 and is by and between OFS CREDIT COMPANY, INC. (and any successor or permitted assign, the "Company"), a corporation organized under the laws of the State of Delaware, having its principal place of business at 10 S. Wacker Drive, Suite 2500, Chicago, IL 60606, and U.S. BANK NATIONAL ASSOCIATION (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the "Custodian"), a national banking association having a place of business at 190 S. LaSalle Street, 8th Floor, Chicago, IL 60603 and the Custodian in its capacity as document custodian (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the "Document Custodian").
OFS CREDIT COMPANY, INC. 800,000 SHARES UNDERWRITING AGREEMENT April 21, 2021Underwriting Agreement • April 28th, 2021 • OFS Credit Company, Inc. • New York
OFS Credit Company, Inc., a Delaware corporation (the “Company”), OFS Capital Management, LLC, a Delaware limited liability company (the “Advisor”), and OFS Capital Services, LLC, a Delaware limited liability company (the “Administrator” and, together with the Company and the Advisor, the “OFS Entities”), confirm their respective agreements with each of the Underwriters listed on Schedule I hereto (collectively, the “Underwriters”), for whom Ladenburg Thalmann & Co. Inc. is acting as representative (in such capacity, the “Representative”), with respect to (i) the issuance and sale by the Company of 800,000 shares (the “Firm Shares”) of 6.125% Series C Term Preferred Stock, $0.001 par value per share (the “Preferred Stock”), to the several Underwriters, acting severally and not jointly, of the respective number of Firm Shares set forth opposite their respective names in Schedule I hereto, and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the opt
ADMINISTRATION AGREEMENTAdministration Agreement • May 17th, 2024 • OFS Credit Company, Inc. • New York
This Agreement (“Agreement”) is made as of October 4, 2018 by and between OFS CREDIT COMPANY, INC., a Delaware corporation (the “Company”), and OFS CAPITAL SERVICES, LLC, a Delaware limited liability company (“OFS Services”).
INVESTMENT ADVISORY AND MANAGEMENT AGREEMENTInvestment Advisory and Management Agreement • May 17th, 2024 • OFS Credit Company, Inc. • New York
This Agreement (“Agreement”) is made as of October 4, 2018 by and between OFS CREDIT COMPANY, INC., a Delaware corporation (the “Company”), and OFS CAPITAL MANAGEMENT, LLC, a Delaware limited liability company (the “Adviser”).
TRANSFER AGENCY AND REGISTRAR SERVICES AGREEMENTTransfer Agency and Registrar Services Agreement • May 17th, 2024 • OFS Credit Company, Inc.
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • May 17th, 2024 • OFS Credit Company, Inc. • New York
This Agreement (“Agreement”) is made as of October 4, 2018 by and between OFS CREDIT COMPANY, INC. a Delaware corporation (“Licensee”) and ORCHARD FIRST SOURCE ASSET MANAGEMENT, LLC, a Delaware limited liability company (“Licensor”).
OFS CREDIT COMPANY, INC. Common Stock (Par Value $0.001 Per Share) AMENDMENT NO. 3 TO EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • June 11th, 2021 • OFS Credit Company, Inc. • New York
This Amendment No. 3, dated June 8, 2021 (the “Amendment”), is to the Equity Distribution Agreement, dated January 24, 2020, by and among OFS Credit Company, Inc., a Delaware corporation (the “Company”), OFS Capital Management, LLC, a Delaware limited liability company (the “Advisor”), and OFS Capital Services, LLC, a Delaware limited liability company (the “Administrator” and, together with the Company and the Advisor, the “OFS Entities”), on the one hand, and Ladenburg Thalmann & Co. Inc. (the “Placement Agent”) on the other hand, as amended by Amendment No. 1 thereto, dated March 16, 2021, and Amendment No. 2 thereto, dated April 22, 2021 (the “Equity Distribution Agreement”).
OFS CREDIT COMPANY, INC. Common Stock (Par Value $0.001 Per Share) AMENDMENT NO. 5 TO EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • August 15th, 2023 • OFS Credit Company, Inc. • New York
This Amendment No. 5, dated August 15, 2023 (the “Amendment”), is to the Equity Distribution Agreement, dated January 24, 2020, by and among OFS Credit Company, Inc., a Delaware corporation (the “Company”), OFS Capital Management, LLC, a Delaware limited liability company (the “Advisor”), and OFS Capital Services, LLC, a Delaware limited liability company (the “Administrator” and, together with the Company and the Advisor, the “OFS Entities”), on the one hand, and Ladenburg Thalmann & Co. Inc. (the “Placement Agent”) on the other hand, as amended by Amendment No. 1 thereto, dated March 16, 2021, Amendment No. 2 thereto, dated April 22, 2021, Amendment No. 3 thereto, dated June 8, 2021, and Amendment No. 4 thereto, dated December 7, 2021 (the “Equity Distribution Agreement”).
OFS CREDIT COMPANY, INC. Common Stock (Par Value $0.001 Per Share) AMENDMENT NO. 1 TO EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • March 17th, 2021 • OFS Credit Company, Inc. • New York
This Amendment No. 1, dated March 16, 2021 (the “Amendment”), is to the Equity Distribution Agreement, dated January 24, 2020, by and among OFS Credit Company, Inc., a Delaware corporation (the “Company”), OFS Capital Management, LLC, a Delaware limited liability company (the “Advisor”), and OFS Capital Services, LLC, a Delaware limited liability company (the “Administrator” and, together with the Company and the Advisor, the “OFS Entities”), on the one hand, and Ladenburg Thalmann & Co. Inc. (the “Placement Agent”) on the other hand (the “Equity Distribution Agreement”).
OFS CREDIT COMPANY, INC. Common Stock (Par Value $0.001 Per Share) AMENDMENT NO. 6 TO EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • June 12th, 2024 • OFS Credit Company, Inc. • New York
This Amendment No. 6, dated June 12, 2024 (the “Amendment”), is to the Equity Distribution Agreement, dated January 24, 2020, by and among OFS Credit Company, Inc., a Delaware corporation (the “Company”), OFS Capital Management, LLC, a Delaware limited liability company (the “Advisor”), and OFS Capital Services, LLC, a Delaware limited liability company (the “Administrator” and, together with the Company and the Advisor, the “OFS Entities”), on the one hand, and Ladenburg Thalmann & Co. Inc. (the “Placement Agent”) on the other hand, as amended by Amendment No. 1 thereto, dated March 16, 2021, Amendment No. 2 thereto, dated April 22, 2021, Amendment No. 3 thereto, dated June 8, 2021, Amendment No. 4 thereto, dated December 7, 2021, and Amendment No. 5 thereto, dated August 15, 2023 (the “Equity Distribution Agreement”).
FORM OF SUBSCRIPTION AGREEMENTSubscription Agreement • August 9th, 2018 • OFS Credit Company, Inc. • Delaware
OFS CREDIT COMPANY, INC. Common Stock (Par Value $0.001 Per Share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • January 24th, 2020 • OFS Credit Company, Inc. • New York
Information Agent AgreementInformation Agent Agreement • August 1st, 2019 • OFS Credit Company, Inc. • New York
This letter agreement (this “Agreement”) by and between D.F. King & Co., Inc. (“King”), and OFS Credit Company, Inc. (the “Company”), sets forth the terms and conditions of the engagement of King by the Company, in connection with the offer (the “Rights Offer”) by the Company to issue to holders of the Company’s common stock (the “Holders”) the right to subscribe for shares of the Company’s common stock. This Agreement shall commence on the date hereof and shall terminate on the completion, expiration or termination of the Rights Offer (the “Term”). Capitalized terms used herein and not defined shall have the definitions ascribed to such terms in the Prospectus, dated August 5, 2019, filed with the Securities and Exchange Commission (the “Commission”).
OFS CREDIT COMPANY, INC. Common Stock (Par Value $0.001 Per Share) AMENDMENT NO. 2 TO EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • April 22nd, 2021 • OFS Credit Company, Inc. • New York
This Amendment No. 2, dated April 22, 2021 (the “Amendment”), is to the Equity Distribution Agreement, dated January 24, 2020, by and among OFS Credit Company, Inc., a Delaware corporation (the “Company”), OFS Capital Management, LLC, a Delaware limited liability company (the “Advisor”), and OFS Capital Services, LLC, a Delaware limited liability company (the “Administrator” and, together with the Company and the Advisor, the “OFS Entities”), on the one hand, and Ladenburg Thalmann & Co. Inc. (the “Placement Agent”) on the other hand, as amended by Amendment No. 1 thereto, dated March 16, 2021 (the “Equity Distribution Agreement”).
FORM OF SUBSCRIPTION AGENT AGREEMENTSubscription Agent Agreement • August 1st, 2019 • OFS Credit Company, Inc. • New York
This SUBSCRIPTION AGENT AGREEMENT (this “Agreement”) is entered into as of August 5, 2019, by and between American Stock Transfer & Trust Company, LLC (the “Subscription Agent”) and OFS Credit Company, Inc. (the “Company”).
