ARES CAPITAL CORPORATION (a Maryland corporation) • Shares of Common Stock • Shares of Preferred Stock and • Warrants to Purchase Common Stock or Preferred Stock PURCHASE AGREEMENTPurchase Agreement • March 25th, 2009 • Ares Capital Corp • New York
Contract Type FiledMarch 25th, 2009 Company JurisdictionAres Capital Corporation, a Maryland corporation (the “Company”), confirms its agreement with [ ] (“[ ]”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters”, which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom [ ] are acting as representatives (in such capacity, the “Representatives”), with respect to the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $.001 per share (“Common Stock”), or Preferred Stock, par value $• per share (“Preferred Stock”), or both, or Warrants (the “Warrants”) to purchase Common Stock or Preferred Stock, or both, of the Company set forth in said Schedule A, and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase additional Securities (as h