0000950137-08-008272 Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • June 6th, 2008 • MVC Capital, Inc. • North Carolina

This custody agreement (“Agreement”) dated as of April 24, 2008 between MVC CAPITAL, INC., a corporation organized and existing under the laws of the state of Delaware having a place of business located at 287 Bowman, 2nd Floor, Purchase, New York 10577 (the “Fund”), and BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation having a place of business at 223 West Nash Street, Wilson, North Carolina 27893 (the “Custodian”).

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SECURED REVOLVING CREDIT AGREEMENT dated as of April 24, 2008 among as Borrower, The Initial Guarantor Listed Herein, The Lenders Listed Herein and BRANCH BANKING AND TRUST COMPANY, as Administrative Agent and BB&T CAPITAL MARKETS, as Lead Arranger
Secured Revolving Credit Agreement • June 6th, 2008 • MVC Capital, Inc. • North Carolina

THIS SECURED REVOLVING CREDIT AGREEMENT is dated as of April 24, 2008 among MVC CAPITAL, INC., a Delaware corporation, as borrower, the INITIAL GUARANTOR listed on the signature pages hereof, as guarantor, the LENDERS listed on the signature pages hereof and BRANCH BANKING AND TRUST COMPANY, as Administrative Agent.

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