INDEMNIFICATION AGREEMENTIndemnification Agreement • May 28th, 2021 • Lafayette Square Empire BDC, LLC • Delaware
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the [ ]th day of [ ], by and between Lafayette Square Empire BDC, LLC, a Delaware limited liability company (together with any successor thereto, including, after conversion to a Delaware corporation, Lafayette Square Empire BDC, Inc., the “Company”), and [ ] (“Indemnitee”).
THIRD AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • February 9th, 2024 • Lafayette Square USA, Inc. • 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 February 2, 2022 by and among LAFAYETTE SQUARE USA, INC., a Delaware corporation (the “Initial Borrower” and, together with the Qualified Borrowers and any Additional Borrower which becomes a party hereto pursuant to Section 2.15, each a “Borrower” and collectively, the “Borrowers”), SUMITOMO MITSUI BANKING CORPORATION, a foreign banking corporation organized under the laws of Japan (in its individual capacity, “SMBC”), as administrative agent (together with any successor appointed pursuant to Section 12 below, the “Administrative Agent”) and Sustainability Structuring Agent for the Lenders (as hereinafter defined), and the Lenders.
INVESTMENT ADVISORY AGREEMENT BETWEEN lafayette square empire bdc, inc. AND LS BDC ADVISER, LLCInvestment Advisory Agreement • May 28th, 2021 • Lafayette Square Empire BDC, LLC • New York
This Investment Advisory Agreement (this “Agreement”) is made on [●], 2021, by and between Lafayette Square Empire BDC, Inc., a Delaware corporation (the “Company”), and LS BDC Adviser, LLC, a Delaware limited liability company (the “Adviser”).
AMENDMENT NO. 1 TO SENIOR SECURED REVOLVING CREDIT AGREEMENTSenior Secured Revolving Credit Agreement • September 24th, 2024 • Lafayette Square USA, Inc. • New York
SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of June 18, 2024 (this “Agreement”), among LAFAYETTE SQUARE USA, INC., a Delaware corporation (the “Borrower”), the SUBSIDIARY GUARANTORS party hereto, the LENDERS party hereto, and ING CAPITAL LLC, as Administrative Agent, Lead Arranger, Bookrunner and Sustainability Structuring Agent.
ADMINISTRATION AGREEMENTAdministration Agreement • May 28th, 2021 • Lafayette Square Empire BDC, LLC • New York
This ADMINISTRATION AGREEMENT (the “Agreement”) made as of [●], 2021 by and between Lafayette Square Empire BDC, Inc., a Delaware corporation (the “Corporation”), and LS Administration LLC, a Delaware limited liability company (the “Administrator”).
Lafayette Square Empire BDC, Inc. SUBSCRIPTION AGREEMENTSubscription Agreement • July 12th, 2021 • Lafayette Square Empire BDC, LLC • Delaware
This Subscription Agreement (“Subscription Agreement”) is being executed and delivered in connection with the subscription by the undersigned (as defined below, “you” or the “Subscriber”) to purchase the number of shares of common stock, par value $0.001 per share (the “Shares”), of the specific Company or Companies indicated on the signature page attached hereto, through periodic calls of all or a portion of capital amounts of the Subscriber’s aggregate capital commitment (the “Commitment”) in the amount set forth on the signature page below. Capitalized terms used herein shall have the same meanings herein as defined in the relevant Company’s Confidential Private Placement Memorandum (as amended, restated and/or supplemented from time to time, the “Memorandum”), unless otherwise defined herein.
LENDER JOINDER AGREEMENTLender Joinder Agreement • December 17th, 2024 • Lafayette Square USA, Inc. • New York
THIS LENDER JOINDER AGREEMENT (this “Agreement”) is made as of December 12, 2024 (the “Effective Date”), by and among BankUnited, N.A., as Assuming Lender (the “Additional Lender”), ING CAPITAL LLC (“ING”), as Administrative Agent (in such capacity, “Administrative Agent”), LAFAYETTE SQUARE USA, INC., a Delaware corporation (the “Borrower”). Reference is made to that certain Senior Secured Revolving Credit Agreement, dated as of June 18, 2024, as amended by that certain Amendment No. 1 to Senior Secured Revolving Credit Agreement dated as of September 20, 2024, by and among the Borrower, ING, as Administrative Agent, Lead Arranger, Bookrunner and Sustainability Structuring Agent, and the other Lenders and parties from time to time party thereto (as may be further amended, supplemented, renewed, extended, or otherwise modified from time to time, the “Credit Agreement”). Terms defined in the Credit Agreement and not otherwise defined herein are used herein as therein defined.
SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of June 18, 2024 among LAFAYETTE SQUARE USA, INC., as Borrower, The SUBSIDIARY GUARANTORS party hereto, The LENDERS party hereto, and ING CAPITAL LLC, as Administrative Agent, Lead Arranger,...Senior Secured Revolving Credit Agreement • June 25th, 2024 • Lafayette Square USA, Inc. • New York
SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of June 18, 2024 (this “Agreement”), among LAFAYETTE SQUARE USA, INC., a Delaware corporation (the “Borrower”), the SUBSIDIARY GUARANTORS party hereto, the LENDERS party hereto, and ING CAPITAL LLC, as Administrative Agent, Lead Arranger, Bookrunner and Sustainability Structuring Agent.
CUSTODY AGREEMENT dated as of July 26, 2021 by and between LAFAYETTE SQUARE EMPIRE BDC, INC. (“Company”) and (“Custodian” and “Document Custodian”)Custody Agreement • July 27th, 2021 • Lafayette Square Empire BDC, LLC • New York
· THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of July 26, 2021 and is by and between LAFAYETTE SQUARE EMPIRE BDC, LLC (and any successor or permitted assign, the “Company”), a corporation organized under the laws of the State of Delaware, and U.S. BANK NATIONAL ASSOCIATION (or any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association.
