CapitalSource Inc. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 1st, 2004 • Capitalsource Holdings LLC • Finance lessors • New York
CapitalSource Inc., a Delaware corporation (the “Company”), proposes to issue and sell (such issuance and sale, the “Initial Placement”) to the Initial Purchasers (as defined below), upon the terms set forth in a purchase agreement, dated July 1, 2004 (the “Purchase Agreement”), $300,000,000 principal amount of its 3.5% Senior Convertible Debentures due 2034 (together with the related Guarantees (as defined below) of the Guarantors (as defined below), the “Firm Securities”). In addition, the Company has granted to the Initial Purchasers an option to purchase up to an additional $30,000,000 principal amount of the Company’s 3.5% Senior Convertible Debentures due 2034 (together with the related Guarantees of the Guarantors, the “Additional Securities” and, collectively with the Firm Securities, the “Securities”). The Securities will be fully and unconditionally guaranteed as to due and punctual payment (the “Guarantees”) by CapitalSource Holdings LLC and CapitalSource Finance LLC (togeth
AMENDED AND RESTATED OPERATING AGREEMENT OF CAPITALSOURCE FINANCE LLCOperating Agreement • September 1st, 2004 • Capitalsource Holdings LLC • Finance lessors • Delaware
THIS AMENDED AND RESTATED OPERATING AGREEMENT (this “Agreement”) is made and entered into as of the 24th day of October, 2003, but effective as of August 7, 2003, pursuant to the Delaware Limited Liability Company Act, Title 6, §§ 18-101, et. seq., as amended (the “Act”), by CapitalSource Holdings LLC (the “Member”).
