0000817473-16-000068 Sample Contracts

SECOND AMENDED AND RESTATED CREDIT AGREEMENT
Credit 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.

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FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • February 17th, 2016 • American Capital, LTD • New York

THIS FIRST AMENDMENT TO CREDIT AGREEMENT (together with all schedules and exhibits hereto, this “First Amendment”), dated as of December 14, 2015, is entered into by and among ACAS FUNDING II, LLC, a Delaware limited liability company (the “Borrower”), and DEUTSCHE BANK AG, NEW YORK BRANCH (“DBNY”) as administrative agent (in such capacity, the “Administrative Agent”) and a Lender (DBNY and each other Lender party to the Credit Agreement described below, the “Lenders” and each a “Lender”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to such terms in the Credit Agreement (as defined below).

Supplemental Indenture
Supplemental Indenture • February 17th, 2016 • American Capital, LTD • New York

SUPPLEMENTAL INDENTURE, (this “Supplemental Indenture”) dated as of September 10, 2014, by and among the party that is a signatory hereto as Guarantor (the “Guaranteeing Subsidiary”), and U.S. Bank National Association, as Trustee under the Indenture referred to below.

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