FIFTH STREET FINANCE CORP., as Issuer, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee INDENTURE Dated as of April 12, 2011 5.375% SENIOR CONVERTIBLE NOTES DUE 2016Indenture • April 12th, 2011 • Fifth Street Finance Corp • New York
INDENTURE, dated as of April 12, 2011 (this “Indenture”), between FIFTH STREET FINANCE CORP., a corporation organized under the laws of Delaware, as issuer (the “Company”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as trustee hereunder (the “Trustee”).
Fifth Street Finance Corp. $150,000,000 5.375% Convertible Senior Notes due 2016 Purchase AgreementPurchase Agreement • April 12th, 2011 • Fifth Street Finance Corp • New York
Fifth Street Finance Corp., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the initial purchasers named in Schedule I hereto (the “Initial Purchasers”), for whom J.P. Morgan Securities LLC and Morgan Stanley & Co. Incorporated are acting as representatives (in such capacity, the “Representatives”), $150,000,000 aggregate principal amount of 5.375% Convertible Senior Notes due 2016 (the “Convertible Notes”) of the Company (the “Initial Securities”), and at the election of the Initial Purchasers, up to $22,500,000 aggregate principal amount of additional Convertible Notes (the “Option Securities”) of the Company (the Initial Securities and the Option Securities that the Initial Purchasers elect to purchase pursuant to Section 3 hereof being collectively called, the “Securities”).
