ARTICLE 1 DEFINITIONS AND INTERPRETATIONSEmployment Agreement • May 29th, 2001 • American Capital Strategies LTD • Maryland
RecitalsEscrow Agreement • May 17th, 1999 • American Capital Strategies LTD • New York
EXHIBIT 10.3 AMENDMENT NO. 1 TO PURCHASE AND SALE AGREEMENT THIS AMENDMENT NO. 1 TO PURCHASE AND SALE AGREEMENT, dated as of December 20, 2000 (this "AMENDMENT"), is entered into by and among ACS FUNDING TRUST I ("BUYER"), as Buyer, and AMERICAN...Purchase and Sale Agreement • April 2nd, 2001 • American Capital Strategies LTD • New York
Exhibit 1 Form of Underwriting Agreement [________________________] As Representative of the several Underwriters Ladies and Gentlemen: Introductory. American Capital Strategies, Ltd., a Delaware corporation (the "Company), proposes to issue and sell...Underwriting Agreement • August 6th, 1999 • American Capital Strategies LTD • New York
ARTICLE 1 DEFINITIONSCustodian Agreement • August 29th, 1997 • American Capital Strategies LTD • Maryland
Exhibit 10.1 CREDIT AGREEMENT dated as of October 30, 1998Credit Agreement • April 1st, 1999 • American Capital Strategies LTD • Illinois
AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this "Agreement") is entered into as of June 7, 1999 (the "Effective Date") by and between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (the...Employment Agreement • July 9th, 1999 • American Capital Strategies LTD • Maryland
TRUST AGREEMENTTrust Agreement • May 17th, 1999 • American Capital Strategies LTD
ARTICLE I DEFINITIONS AND INTERPRETATIONSEmployment Agreement • May 29th, 2001 • American Capital Strategies LTD • Maryland
LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF ACAS BUSINESS LOAN LLC, 2000-1Limited Liability Company Operating Agreement • April 2nd, 2001 • American Capital Strategies LTD • Delaware
Exhibit 10.1 PURCHASE AND SALE AGREEMENT Dated as of March 31, 1999Purchase and Sale Agreement • May 17th, 1999 • American Capital Strategies LTD • New York
Exhibit 10.8 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of __________, 1997 (the "Effective Date") by and between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (the "Company"), and John R. Erickson...Employment Agreement • March 31st, 1998 • American Capital Strategies LTD • Maryland
Exhibit 10.16 SPLIT DOLLAR AGREEMENT This SPLIT DOLLAR AGREEMENT (this "Agreement") is entered into as of September 7, 1999, by and between ROLAND CLINE (the "Owner") and AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (the "Employer"). R E...Split Dollar Agreement • March 29th, 2000 • American Capital Strategies LTD • Maryland
INDENTURE between AMERICAN CAPITAL, LTD. and as Trustee Dated as of June 19, 2013Indenture • July 26th, 2013 • American Capital, LTD • New York
Trust Indenture Act Section Indenture Section § 310 (a)(1) 6.09 (a)(2) 6.09 (a)(3) Not Applicable (a)(4) Not Applicable (a)(5) 6.09 (b) 6.08 (c) Not Applicable § 311 (a) 6.13 (b) 6.13 (c) Not Applicable § 312 (a) 7.01 (b) 7.02 (c) 7.02 § 313 (a) 7.03 (b) 7.03 (c) 7.03 (d) 7.03 § 314 (a) 7.04 (a)(4) 1.02 (b) Not Applicable (c)(1) 1.02 (c)(2) 1.02 (c)(3) Not Applicable (d) Not Applicable (e) 1.02 (f) Not Applicable § 315 (a) 6.01 (b) 6.02 (c) 6.01 (d) 6.01 (e) 5.14 § 316 (a) 1.01 (a)(1)(A) 5.12 (a)(1)(B) 5.13 (a)(2) Not Applicable (b) 5.07; 5.08 (c) 1.04 § 317 (a)(1) 5.03 (a)(2) 5.04 (b) 10.03 § 318 (a) 1.07
RECITALSCredit Agreement • April 1st, 1999 • American Capital Strategies LTD • Illinois
as Company, AND U.S. BANK NATIONAL ASSOCIATION, as Trustee $350,000,000 6.500% Senior Notes due 2018Indenture • September 24th, 2013 • American Capital, LTD • New York
INDENTURE dated as of September 20, 2013, between AMERICAN CAPITAL, LTD., a Delaware corporation (the “Company”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Trustee”).
DRAFT (7/30/97) EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of April 2, 1997 (the "Effective Date") by and between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (the "Company"), and DAVID GLADSTONE...Employment Agreement • August 12th, 1997 • American Capital Strategies LTD • Maryland
Exhibit 10.3 SECURITY AND PLEDGE AGREEMENT THIS SECURITY AND PLEDGE AGREEMENT (this "Agreement") dated as of October 30, 1998, is among AMERICAN CAPITAL STRATEGIES, LTD. (the "Company"); the other persons or entities which are listed on the signature...Security and Pledge Agreement • April 1st, 1999 • American Capital Strategies LTD • Illinois
Exhibit 2.k.1 REFERRAL AGREEMENT This Referral Agreement (this "Agreement") is made between American Capital Strategies, Ltd. ("ACS"), a Delaware corporation and the Riggs Bank N.A, (the "Referral Party"). ACS is a diversified financial services firm...Referral Agreement • August 12th, 1997 • American Capital Strategies LTD • District of Columbia
MANAGEMENT AGREEMENT by and between American Capital Mortgage Investment Corp. and American Capital MTGE Management, LLC Dated as of August 9, 2011Management Agreement • August 15th, 2011 • American Capital, LTD • Real estate investment trusts • New York
MANAGEMENT AGREEMENT, dated as of August 9, 2011, by and between American Capital Mortgage Investment Corp., a Maryland corporation (the “Company”) and American Capital MTGE Management, LLC, a Delaware limited liability company (the “Manager”), a subsidiary of a wholly-owned portfolio company of American Capital, Ltd., a Delaware corporation (“American Capital”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 11th, 2009 • American Capital, LTD • Maryland
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of March 27, 2009 (the “Effective Date”), by and between AMERICAN CAPITAL, LTD., a Delaware corporation, formerly known as AMERICAN CAPITAL STRATEGIES, LTD. (the “Company”), and Malon Wilkus (the “Executive”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 15th, 2011 • American Capital, LTD • Real estate investment trusts • New York
This REGISTRATION RIGHTS AGREEMENT, dated as of August 9, 2011, is entered into by and between American Capital Mortgage Investment Corp., a Maryland corporation (the “Company”), and American Capital, Ltd., a Delaware corporation (“American Capital”).
Exhibit 10.6 PLEDGE AND SECURITY AGREEMENT THIS PLEDGE AND SECURITY AGREEMENT (the "Agreement"), dated as of March 31, 1999 by and among AMERICAN CAPITAL STRATEGIES, LTD. (the "Seller"), a Delaware corporation, ACS FUNDING TRUST I (the "Buyer"), and...Pledge and Security Agreement • May 17th, 1999 • American Capital Strategies LTD • New York
EXHIBIT 2.I.23 OPTIONEE: MALON WILKUS DATE OF EXERCISE: 3/7/01 OPTION PRICE: $22.875 COVERED SHARES: 50,000 AMERICAN CAPITAL STRATEGIES, LTD. 1997 STOCK OPTION PLAN 2000 EMPLOYEE STOCK OPTION PLANStock Option Exercise Agreement • May 29th, 2001 • American Capital Strategies LTD • Maryland
STOCK PURCHASE AGREEMENTStock Purchase Agreement • August 15th, 2011 • American Capital, LTD • Real estate investment trusts • New York
This STOCK PURCHASE AGREEMENT (this “Agreement”) is dated as of August 3, 2011, by and among American Capital Mortgage Investment Corp., a Maryland corporation (the “Issuer”), and American Capital, Ltd., a Delaware corporation (the “Purchaser”).
Exhibit 2.h.1 American Capital Strategies, Ltd. 8,400,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • August 29th, 1997 • American Capital Strategies LTD • New York
PURCHASE NOTEPurchase Note • May 29th, 2001 • American Capital Strategies LTD
FOR VALUE RECEIVED, the undersigned, Adam Blumenthal (the "Optionee"), hereby promises to pay to AMERICAN CAPITAL STRATEGIES, LTD., and its successors and assigns (the "Holder"), the principal sum of TWO MILLION ONE HUNDRED NINETY-EIGHT THOUSAND EIGHT HUNDRED SIXTY-SIX AND 59/100 DOLLARS ($2,198,866.59), with interest thereon, on the terms and conditions set forth in the Exercise Agreement (as defined herein).
INDENTURE between AMERICAN CAPITAL STRATEGIES, LTD. and Wells Fargo Bank, National Association, as Trustee Dated as of April 26, 2007 Providing for Issuance of Debt Securities in SeriesIndenture • April 26th, 2007 • American Capital Strategies LTD • New York
INDENTURE, dated as of April 26, 2007, between American Capital Strategies, Ltd., a Delaware corporation (the “Company”), having its principal office at 2 Bethesda Metro Center, 14th Floor, Bethesda, MD 20814, and Wells Fargo Bank, National Association, as trustee (the “Trustee”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 17th, 2016 • American Capital, LTD • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of December 11, 2015 (the “Third Closing Date”), among ACAS Funding I, LLC, a Delaware limited liability company (the “Company” or the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”) and BANK OF AMERICA, N.A., as Administrative Agent.
REVOLVING NOTERevolving Note • June 23rd, 2005 • American Capital Strategies LTD
This Revolving Note is one of the Revolving Notes issued pursuant to that certain Credit Agreement dated as of June 17, 2005, by and among Borrower, Administrative Agent, Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto, and as from time to time amended, restated, supplemented or otherwise modified, the “Credit Agreement”), and is entitled to the benefit and security of the Credit Agreement and all of the other Credit Documents referred to therein. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Revolving Loan evidenced hereby is made and is to be repaid. The date and amount of each Revolving Loan made by Lenders to Borrower, the rates of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Administrative Agent on its books; provided that the failure of Administrative Agent to make an
AMENDMENT NO. 1 TO PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • April 2nd, 2001 • American Capital Strategies LTD • New York
To: American Capital Strategies, Ltd. 14th Floor Bethesda, Maryland 20814 From: UBS AG, London Branch c/o UBS Securites LLC New York, NY 10171 Tel: 212-821-2100 Fax: 212-821-7031Confirmation • September 20th, 2005 • American Capital Strategies LTD • New York
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the transaction entered into between us on the Trade Date specified below (the “Transaction”). This Confirmation constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below.
ContractUnderwriting Agreement • March 27th, 2007 • American Capital Strategies LTD • New York
Citigroup Global Markets Inc. Wachovia Capital Markets, LLC Credit Suisse Securities (USA) LLC Bear, Stearns & Co. Inc. Goldman, Sachs & Co. BB&T Capital Markets, a division of Scott & Stringfellow, Inc. Wells Fargo Securities, LLC
Form of Underwriting AgreementUnderwriting Agreement • July 18th, 2007 • American Capital Strategies LTD • New York
The Securities will be issued pursuant to an Indenture dated as of April 26, 2007, by and between the Company, as issuer, and Wells Fargo Bank, National Association, as trustee (the “Trustee”), as supplemented by a First Supplemental Indenture thereto to be dated as of • (collectively, the “Indenture”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2003 • American Capital Strategies LTD • Maryland
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of March 28, 2003 (the "Effective Date"), by and between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (the "Company"), and Gordon O'Brien (the "Executive").
