CUSTODY AGREEMENT by and between Bain Capital PRIVATE CREDIT (“Company”) and U.S. BANK NATIONAL ASSOCIATION (“Custodian”)Custody Agreement • December 20th, 2022 • Bain Capital Private Credit • New York
THIS CUSTODY AGREEMENT (this “Agreement”) is dated as the last date written on the signature page below and is by and between Bain Capital Private Credit (and any successor or permitted assign), a Delaware statutory trust, and U.S. BANK NATIONAL ASSOCIATION (or any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association.
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • October 3rd, 2023 • Bain Capital Private Credit • Delaware
This Investment Advisory Agreement, dated and effective as of September 28, 2023, is made by and between Bain Capital Private Credit, a Delaware statutory trust (herein referred to as the “Fund”), and BCPC Advisors, LP, a Delaware limited partnership (herein referred to as the “Adviser” or “BCPC Advisors”) (this “Agreement”).
ADMINISTRATION AGREEMENTAdministration Agreement • December 20th, 2022 • Bain Capital Private Credit • Delaware
AGREEMENT (this “Agreement”) made as of this [ ] day of [ ], 2022, by and between Bain Capital Private Credit, a Delaware statutory trust (hereinafter referred to as the “Company”), and BCSF Advisors, LP, a Delaware limited partnership (the “Administrator”).
MANAGING DEALER AGREEMENTManaging Dealer Agreement • December 20th, 2022 • Bain Capital Private Credit • New York
This Managing Dealer Agreement (this “Agreement”) is entered into by and between Bain Capital Private Credit, a Delaware statutory trust (the “Company”), and Emerson Equity LLC (the “Managing Dealer”).
EXPENSE SUPPORT AND CONDITIONAL REIMBURSEMENT AGREEMENTExpense Support and Conditional Reimbursement Agreement • October 3rd, 2023 • Bain Capital Private Credit
This Expense Support and Conditional Reimbursement Agreement (the “Agreement”) is made this 28th day of September, 2023, by and between BAIN CAPITAL PRIVATE CREDIT, a Delaware statutory trust (the “Fund”), and BCPC ADVISORS, LP, a Delaware limited partnership (the “Adviser”).
FORM OF SELECTED INTERMEDIARY AGREEMENTSelected Intermediary Agreement • December 20th, 2022 • Bain Capital Private Credit • New York
Emerson Equity LLC, as the managing dealer (“Managing Dealer”) for Bain Capital Private Credit (the “Company”), a Delaware statutory trust, invites you (the “Broker”) to participate in the distribution of common shares of beneficial interest, $0.01 par value per share, of the Company (“Common Shares”) subject to the following terms:
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • December 20th, 2022 • Bain Capital Private Credit • New York
THIS AGREEMENT is made and entered into as of the last date written on the signature page below, by and among BAIN CAPITAL PRIVATE CREDIT, a Delaware statutory trust (the “Fund ”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).
SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of December 29, 2023 among BAIN CAPITAL PRIVATE CREDIT as Borrower the LENDERS and ISSUING BANKS party hereto and SUMITOMO MITSUI BANKING CORPORATION as Administrative Agent SUMITOMO MITSUI BANKING...Revolving Credit Agreement • January 4th, 2024 • Bain Capital Private Credit • New York
SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of December 29, 2023 (this “Agreement”), among BAIN CAPITAL PRIVATE CREDIT, a Delaware statutory trust (the “Borrower”), the LENDERS and ISSUING BANKS from time to time party hereto, and SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent (as defined below).
ADMINISTRATION AGREEMENTAgreement • October 3rd, 2023 • Bain Capital Private Credit • Delaware
AGREEMENT (this “Agreement”) made as of this 28th day of September, 2023, by and between Bain Capital Private Credit, a Delaware statutory trust (hereinafter referred to as the “Company”), and BCPC Advisors, LP, a Delaware limited partnership (the “Administrator”).
LOAN ADMINISTRATION AND CUSTODIAL AGREEMENTLoan Administration and Custodial Agreement • October 3rd, 2023 • Bain Capital Private Credit • New York
THIS LOAN ADMINISTRATION AND CUSTODIAL AGREEMENT (the “Agreement”), dated as of September 28, 2023, between BAIN CAPITAL PRIVATE CREDIT (the “Owner”) and COMPUTERSHARE TRUST COMPANY, N.A., a national banking association, as Custodian and Loan Administrator (together with its permitted successors and assigns, in such capacities, the “Custodian”).
BAIN CAPITAL PRIVATE CREDIT SUBSCRIPTION AGREEMENTSubscription Agreement • December 20th, 2022 • Bain Capital Private Credit
This Subscription Agreement is entered into this 12th day of July, 2022 by and between Bain Capital Private Credit, a Delaware statutory trust (the “Company”), and BCSF Advisors, LP (the “Subscriber”);
FUND ACCOUNTING SERVICING AGREEMENTFund Accounting Servicing Agreement • December 20th, 2022 • Bain Capital Private Credit • New York
THIS AGREEMENT is made and entered into as of the last date written on the signature page below, by and between BCSF ADVISORS, LP a a Delaware limited partnership (the “Administrator”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).
ESCROW AGREEMENTEscrow Agreement • December 20th, 2022 • Bain Capital Private Credit • Massachusetts
THIS AGREEMENT (this “Agreement”) is entered into effective as of December 12, 2022, by and between Bain Capital Private Credit (the “Issuer”), Emerson Equity LLC (the “Placement Agent”) and U.S. Bank National Association (the “Escrow Agent”), a national banking association.
Services AgreementServices Agreement • October 3rd, 2023 • Bain Capital Private Credit • New York
This Services Agreement (including all Schedules hereto, the “Agreement”) is entered into and effective as of September 29, 2023 (the “Effective Date”) by and among:
Goldman Sachs Bank USA, as Administrative Agent and Lender c/o Goldman, Sachs & Co.Bain Capital Private Credit • March 27th, 2024 • New York
SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of December 29, 2023 among BAIN CAPITAL PRIVATE CREDIT as Borrower the LENDERS and ISSUING BANKS party hereto and SUMITOMO MITSUI BANKING CORPORATION as Administrative Agent SUMITOMO MITSUI BANKING...Secured Revolving Credit Agreement • March 27th, 2024 • Bain Capital Private Credit • New York
SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of December 29, 2023 (this “Agreement”), among BAIN CAPITAL PRIVATE CREDIT, a Delaware statutory trust (the “Borrower”), the LENDERS and ISSUING BANKS from time to time party hereto, and SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent (as defined below).
FORM OF AMENDED AND RESTATED DECLARATION OF TRUST OF BAIN CAPITAL PRIVATE CREDITBain Capital Private Credit • May 3rd, 2022 • Delaware
