EXHIBIT 10.1 SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 4, 1998Credit Agreement • August 13th, 1998 • Allied Capital Corp • New York
between ALLIED CAPITAL CMT, INC. as Depositor,Trust Agreement • May 6th, 1998 • Allied Capital Corp • Delaware
AGREEMENT AND PLAN OF MERGER DATED AS OF JUNE 18, 2001 BY AND AMONG ALLIED CAPITAL CORPORATION, ALLIED CAPITAL LOCK ACQUISITION CORPORATION, AND SUNSOURCE INC. 2Merger Agreement • August 10th, 2001 • Allied Capital Corp • Textile mill products • Delaware
DATED [DATE]Underwriting Agreement • May 8th, 2002 • Allied Capital Corp • New York
DATED [DATE]Underwriting Agreement • March 17th, 2004 • Allied Capital Corp • New York
1 EXHIBIT EX-99.2h.1 FORM OF UNDERWRITING AGREEMENT ______________ SHARES ALLIED CAPITAL CORPORATION COMMON STOCK, $0.0001 PAR VALUE PER SHARE UNDERWRITING AGREEMENT dated ________, 1999 ___________ SHARES ALLIED CAPITAL CORPORATION COMMON STOCK,...Underwriting Agreement • March 26th, 1999 • Allied Capital Corp • New York
INDENTURE between ALLIED CAPITAL COMMERCIAL MORTGAGE TRUST 1998-1, as Issuer, andIndenture • May 6th, 1998 • Allied Capital Corp • New York
1 EXHIBIT 10.1 CREDIT AGREEMENT Dated as of January 8, 1998Credit Agreement • March 26th, 1998 • Allied Capital Corp • New York
1 EXHIBIT H.1Underwriting Agreement • June 2nd, 1998 • Allied Capital Corp • New York
among ALLIED CAPITAL COMMERCIAL MORTGAGE TRUST 1998-1, Issuer, ALLIED CAPITAL CMT, INC., Seller,Sale and Servicing Agreement • May 6th, 1998 • Allied Capital Corp • New York
1 EXHIBIT F.2 CREDIT AGREEMENTCredit Agreement • March 26th, 1999 • Allied Capital Corp • New York
AMENDMENTNote Agreement • May 15th, 2003 • Allied Capital Corp • New York
December 19, 2002 Banc of America Securities LLC 600 Montgomery Street San Francisco, California 94111 Ladies and Gentlemen: 1. Introduction. This agreement confirms our agreement with you ("BAS") relating to the modification of certain terms of the...Modification Agreement • March 31st, 2003 • Allied Capital Corp • New York
R E C I T A L SCredit Agreement • March 29th, 2000 • Allied Capital Corp
FORM OF EMPLOYMENT AGREEMENTEmployment Agreement • November 8th, 2000 • Allied Capital Corp • New York
1 EXHIBIT f.2.e AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 11th, 2000 • Allied Capital Corp • New York
1 Exhibit 10.4 [Executive Copy] AMENDMENT NO. 2 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • March 26th, 1998 • Allied Capital Corp • New York
ARTICLE I DEFINITIONSAdoption Agreement • January 19th, 2001 • Allied Capital Corp
EXHIBIT 10.24 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "AGREEMENT") is entered into by and between Thomas H. Westbrook ("YOU") and Allied Capital Corporation, a Maryland corporation (the "COMPANY") and will be effective as of June 15, 2000...Employment Agreement • March 31st, 2003 • Allied Capital Corp
2 - 3 any post-effective amendment to the Registration Statement filed with the Commission after the Effective Time and the Prospectus will not contain any untrue statement of a material fact or omit to state any material fact required to be stated...Underwriting Agreement • December 19th, 1996 • Allied Capital Lending Corp • New York
1 Exhibit 2f.2g SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 10th, 2001 • Allied Capital Corp • Textile mill products
R E C I T A L SCredit Agreement • March 29th, 2000 • Allied Capital Corp
RECITALSCustodial Agreement • May 6th, 1998 • Allied Capital Corp • New York
ALLIED CAPITAL CORPORATION, AS BORROWER AND MORGAN STANLEY MORTGAGE CAPITAL INC. AS LENDERMaster Loan and Security Agreement • November 12th, 1999 • Allied Capital Corp • New York
ASSIGNMENT OF LEASE AND LANDLORD'S CONSENT TO ASSIGNMENTAssignment of Lease • March 26th, 1998 • Allied Capital Corp
1 EXHIBIT 4.a.3 Form of Resale Agreement October 31, 2000 Allied Capital Corporation 1919 Pennsylvania Avenue, N.W. Washington, DC 20006 Ladies and Gentlemen: The undersigned understands that Allied Capital Corporation, a Maryland corporation...Resale Agreement • November 8th, 2000 • Allied Capital Corp
1 EXHIBIT 10.6 AND 10.7 [ALLIED CAPITAL LETTERHEAD] WAIVER AND CONSENT This Waiver and Consent is made as of the 31st day of December, 1997, by BUSINESS MORTGAGE INVESTORS, INC. (the "Fund"), a Maryland corporation, ALLIED CAPITAL ADVISERS, INC....Waiver and Consent • March 26th, 1998 • Allied Capital Corp
3 4 until this provision terminates pursuant to Section 5 hereof: (i) except (A) as contemplated by the Merger Agreement, (B) as a result of the operation of law or (C) as in connection with the exercise of any Company Options, offer for sale, sell,...Voting and Support Agreement • November 8th, 2000 • Allied Capital Corp • New York
ALLIED EMPLOYEE STOCK OWNERSHIP PLAN AND TRUST AGREEMENTEmployee Stock Ownership Plan and Trust Agreement • March 26th, 1998 • Allied Capital Corp
2 3 The Guarantor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment and all other notices of any kind to or upon the Guarantor with respect to the Obligations.Guaranty • May 6th, 1998 • Allied Capital Corp • New York
RECITALSGuaranty Agreement • January 19th, 2001 • Allied Capital Corp • Illinois
1 EXHIBIT F.2 AMENDED AND RESTATED CREDIT AGREEMENT Dated as of April 20, 1998Credit Agreement • May 6th, 1998 • Allied Capital Corp • New York
ALLIED CAPITAL CORPORATION, ISSUERIndenture • May 3rd, 2006 • Allied Capital Corp • New York
INDENTURE, dated as of •, 2006, between ALLIED CAPITAL CORPORATION, a corporation duly organized and existing under the laws of the State of Maryland (the “Company”), having its principal office at 1919 Pennsylvania Avenue, NW, Washington, D.C. 20006, and The Bank of New York, a banking corporation duly organized and existing under the laws of the State of New York, as Trustee (the “Trustee”).
AMENDMENTNote Agreement • May 15th, 2003 • Allied Capital Corp • New York
1 2 terms no less favorable to the Borrower than would be applicable in a comparable arm's-length transaction with a Person not an Affiliate (provided that the investment advisory agreement between Borrower and Allied Capital Advisers, Inc. shall not...Line of Credit, Security and Pledge Agreement • August 14th, 1997 • Allied Capital Lending Corp
