SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 1st, 2021 • Goldman Sachs Private Middle Market Credit II LLC • New York
The interest rate on an Advance denominated in USD or a Permitted Non-USD Currency may be derived from an interest rate benchmark that is, or may in the future become, the subject of regulatory reform. Regulators have signaled the need to use alternative benchmark reference rates for some of these interest rate benchmarks and, as a result, such interest rate benchmarks may cease to comply with applicable laws and regulations, may be permanently discontinued, and/or the basis on which they are calculated may change. The London interbank offered rate is intended to represent the rate at which contributing banks may obtain short-term borrowings from each other in the London interbank market. On March 5, 2021, the U.K. Financial Conduct Authority (“FCA”) publicly announced that: immediately after December 31, 2021, publication of all seven euro LIBOR settings, the overnight, 1-week, 2-month and 12-month British Pound Sterling LIBOR settings, and the 1-week and 2-month U.S. Dollar LIBOR set
GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT II 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 II LLC • Delaware
This THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of Goldman Sachs Private Middle Market Credit II 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 March 21, 2019.
LICENSE AGREEMENT BETWEEN GOLDMAN SACHS & CO. LLC AND GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT II LLC LICENSE AGREEMENT RELATING TO USE OF NAMELicense Agreement • May 2nd, 2019 • Goldman Sachs Private Middle Market Credit II LLC • New York
This license agreement, dated as of the 28th day of February, 2019 (this “Agreement”), is between Goldman Sachs & Co. LLC, a limited liability company organized under the laws of the State of New York (“Goldman Sachs”), and Goldman Sachs Private Middle Market Credit II LLC, a limited liability company organized under the laws of the State of Delaware (the “Licensed Party”).
ADMINISTRATION AGREEMENTAdministration Agreement • May 2nd, 2019 • Goldman Sachs Private Middle Market Credit II LLC • New York
This Administration Agreement (“Agreement”) dated and effective as of April 11, 2019, is by and between State Street Bank and Trust Company, a Massachusetts trust company (the “Administrator”), and Goldman Sachs Private Middle Market Credit II LLC, a Delaware limited liability company (the “Company”).
INVESTMENT MANAGEMENT AND ADVISORY AGREEMENTInvestment Management and Advisory Agreement • May 2nd, 2019 • Goldman Sachs Private Middle Market Credit II LLC • New York
This AGREEMENT (this “Agreement”) is made as of the 27th day of February, 2019 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 II LLC, a Delaware limited liability company (the “Company”).
sEVENTH AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • August 8th, 2023 • Goldman Sachs Private Middle Market Credit II LLC • New York
This SEVENTH AMENDMENT TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of May 4, 2023, is entered into by and among GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT II LLC, a Delaware limited liability company (“Borrower”), MUFG BANK, LTD. (as successor to MUFG Union Bank, N.A. and in its individual capacity, “MUFG”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), the Letter of Credit Issuer, and the Lenders.
THIRD AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • January 30th, 2020 • Goldman Sachs Private Middle Market Credit II LLC • New York
This THIRD AMENDMENT TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of January 27, 2020, is entered into by and among GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT II LLC, a Delaware limited liability company (“Borrower”), MUFG UNION BANK, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and the Letter of Credit Issuer, and the Lenders.
FIFTH AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • March 4th, 2022 • Goldman Sachs Private Middle Market Credit II LLC • New York
This FIFTH AMENDMENT TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of December 23, 2021, is entered into by and among GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT II LLC, a Delaware limited liability company (“Borrower”), MUFG UNION BANK, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and the Letter of Credit Issuer, and the Lenders.
FOURTH AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • December 30th, 2020 • Goldman Sachs Private Middle Market Credit II LLC • New York
THIS REVOLVING CREDIT AGREEMENT (together with all amendments and modifications hereof and supplements and attachments hereto, this “Credit Agreement”) is dated as of May 7, 2019 by and among GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT II LLC, a Delaware limited liability company (“Initial Borrower” and, together with any other entity joining the facility as a Borrower with the consent of the Lenders, the “Borrowers”), MUFG UNION BANK, N.A. (in its individual capacity, “Union Bank”), as administrative agent for the Lenders (as hereinafter defined) and Letter of Credit Issuer, and the Lenders (capitalized terms not otherwise defined are defined below).
FIRST AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • August 1st, 2019 • Goldman Sachs Private Middle Market Credit II LLC • New York
This FIRST AMENDMENT TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of July 31, 2019, is entered into by and among GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT II LLC, a Delaware limited liability company (“Borrower”), MUFG UNION BANK, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and the Letter of Credit Issuer, and the Lenders.
GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT II LLC, as Initial Borrower REVOLVING CREDIT AGREEMENT MUFG UNION BANK, N.A., as Administrative Agent, Sole Lead Arranger and Sole Bookrunner May 7, 2019Revolving Credit Agreement • June 21st, 2019 • Goldman Sachs Private Middle Market Credit II LLC • New York
THIS REVOLVING CREDIT AGREEMENT (together with all amendments and modifications hereof and supplements and attachments hereto, this “Credit Agreement”) is dated as of May 7, 2019 by and among GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT II LLC, a Delaware limited liability company (“Initial Borrower” and, together with any other entity joining the facility as a Borrower with the consent of the Lenders, the “Borrowers”), MUFG UNION BANK, N.A. (in its individual capacity, “Union Bank”), as administrative agent for the Lenders (as hereinafter defined) and Letter of Credit Issuer, and the Lenders (capitalized terms not otherwise defined are defined below).
LENDER JOINDER AGREEMENTLender Joinder Agreement • July 1st, 2019 • Goldman Sachs Private Middle Market Credit II LLC • New York
THIS LENDER JOINDER AGREEMENT (this “Joinder Agreement”), by and among the parties set forth on the signature pages hereto, is dated as of June 26, 2019.
SECOND AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • December 11th, 2019 • Goldman Sachs Private Middle Market Credit II LLC • New York
This SECOND AMENDMENT TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of December 6, 2019, is entered into by and among GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT II LLC, a Delaware limited liability company (“Borrower”), MUFG UNION BANK, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and the Letter of Credit Issuer, and the Lenders.
