U.S. Up to $100,000,000 LOAN AND SERVICING AGREEMENT Dated as of November 16, 2009 Among FIFTH STREET FUNDING, LLC, as the Borrower FIFTH STREET FINANCE CORP., as the Servicer and the Transferor WELLS FARGO SECURITIES, LLC, as the Administrative Agent...Loan and Servicing Agreement • December 9th, 2009 • Fifth Street Finance Corp
The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances under the Variable Funding Note(s) from time to time in an aggregate principal amount not to exceed the Borrowing Base. The proceeds of the Advances will be used to finance the Borrower’s purchase, on a “true sale” basis, of Eligible Loan Assets from the Transferor, approved by the Administrative Agent, pursuant to the Purchase and Sale Agreement between the Borrower and the Transferor. Accordingly, the parties agree as follows:
PURCHASE AND SALE AGREEMENT by and between FIFTH STREET FUNDING, LLC, as the Purchaser and FIFTH STREET FINANCE CORP., as the Seller Dated as of November 16, 2009Purchase and Sale Agreement • December 9th, 2009 • Fifth Street Finance Corp
THIS PURCHASE AND SALE AGREEMENT, dated as of November 16, 2009, by and between FIFTH STREET FINANCE CORP., a Delaware corporation, as the seller (the “Seller”) and FIFTH STREET FUNDING, LLC, a Delaware limited liability company, as the purchaser (the “Purchaser”).
PLEDGE AGREEMENTPledge Agreement • December 9th, 2009 • Fifth Street Finance Corp
PLEDGE AGREEMENT dated as of November 16, 2009 (this “Agreement”), by and between FIFTH STREET FINANCE CORP., a Delaware corporation (the “Pledgor”) and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”), as collateral agent (in such capacity, the “Collateral Agent”), on behalf of the Secured Parties.
