LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF ACAS BUSINESS LOAN LLC, 2003-1Limited Liability Company Operating Agreement • June 13th, 2003 • American Capital Strategies LTD • Delaware
ACAS BUSINESS LOAN TRUST NOTES SERIES 2003-1 $184,832,000 CLASS A NOTES $30,805,000 CLASS B NOTES $17,104,000 CLASS C-1 NOTES $6,000,000 CLASS C-2 NOTES PURCHASE AGREEMENTPurchase Agreement • June 13th, 2003 • American Capital Strategies LTD • New York
Wachovia Securities, Inc., as the Initial Purchaser (the "Initial Purchaser") One Wachovia Center 301 South College Street Charlotte, North Carolina 28288
CUSTODIAN AGREEMENTCustodian Agreement • June 13th, 2003 • American Capital Strategies LTD • New York
WHEREAS, the Custodian is willing to hold the related Loan Files (as defined in the Amended and Restated Loan Funding and Servicing Agreement by and among ACS Funding Trust I, ACS, Variable Funding Capital Corporation, Receivables Capital Corporation, Wachovia Securities, Inc., Bank of America, National Association, Wachovia Bank, National Association and the Custodian dated as of December 30, 2002, as amended from time to time (the "Loan Funding Agreement")) on behalf of ACS;
AMENDMENT NO. 13 TO LOAN FUNDING AND SERVICING AGREEMENT (VFCC Transaction with ACS Funding Trust I)Funding and Servicing Agreement • June 13th, 2003 • American Capital Strategies LTD • New York
THIS AMENDMENT NO. 13 TO LOAN FUNDING AND SERVICING AGREEMENT, dated as of May 16, 2003 (this "Amendment"), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the "Borrower"), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the "Servicer"), certain INVESTORS, VARIABLE FUNDING CAPITAL CORPORATION, as a lender (in such capacity, a "Lender"), WACHOVIA SECURITIES, INC. (f/k/a First Union Securities, Inc. and successor-in-interest to First Union Capital Markets Corp.), as the deal agent (in such capacity, the "Deal Agent"), WACHOVIA BANK, NATIONAL ASSOCIATION (f/k/a First Union National Bank) ("WBNA"), as a lender (in such capacity, a "Lender") and as the liquidity agent (in such capacity, the "Liquidity Agent"), WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION (f/k/a Norwest Bank Minnesota, National Association), as the collateral custodian (in such capacity, the "Collateral Custodian") and as the backup servicer (in such capacity, th
ACAS TRANSFER AGREEMENT between AMERICAN CAPITAL STRATEGIES, LTD., as the Originator, and ACAS BUSINESS LOAN LLC, 2003-1, as the Trust Depositor Dated as of May 21, 2003Acas Transfer Agreement • June 13th, 2003 • American Capital Strategies LTD • New York
TRANSFER AND SERVICING AGREEMENT by and among ACAS BUSINESS LOAN TRUST 2003-1, as the Issuer, ACAS BUSINESS LOAN LLC, 2003-1, as the Trust Depositor, AMERICAN CAPITAL STRATEGIES, LTD., as the Originator and as the Servicer, and WELLS FARGO BANK...Transfer and Servicing Agreement • June 13th, 2003 • American Capital Strategies LTD • New York
Pursuant to and in accordance with the Transfer and Servicing Agreement (as amended, modified, restated, replaced, waived, substituted, supplemented or extended from time to time, the "Transfer and Servicing Agreement"), dated as of May 21, 2003, made by and among ACAS Business Loan LLC, 2003-1, as the Trust Depositor (the "Trust Depositor"), American Capital Strategies, Ltd., as the Servicer and as the Originator, Wells Fargo Bank Minnesota, National Association, as the Indenture Trustee and the Backup Servicer, and the ACAS Business Loan Trust 2003-1 (the "Issuer"), as the assignee thereunder, the undersigned does hereby sell, transfer, convey, assign, set over and otherwise convey to the Issuer (i) the Initial Loans and all Collections and other monies due or to become due in payment of such Loans on and after the Initial Cut-Off Date, including any Prepayment amounts, any Prepayment Premiums, any Late Charges, any payments in respect of a casualty or early termination, any Insuranc
