AMENDED AND RESTATED CUSTODIAN AGREEMENT By and between ARES CAPITAL CORPORATION,Custodian Agreement • May 28th, 2009 • Ares Capital Corp • Massachusetts
THIS AMENDED AND RESTATED CUSTODIAN AGREEMENT (this “Agreement”) is dated as of May 15, 2009 and is by and between ARES CAPITAL CORPORATION (the “Company”), having a business address at c/o ARES CAPITAL MANAGEMENT LLC, 2000 Avenue of the Stars, 12th Floor, Los Angeles, CA 90067, and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Custodian”), having a place of business at One Federal Street, 3rd Floor, Boston, MA 02110.
AMENDMENT NO. 1 TO PURCHASE AND SALE AGREEMENT (VFCC Transaction with Ares Capital CP Funding LLC)Purchase and Sale Agreement • May 28th, 2009 • Ares Capital Corp
THIS AMENDMENT NO. 1 TO THE PURCHASE AND SALE AGREEMENT, dated as of May 7, 2009 (this “Amendment”), is entered into in connection with that certain Purchase and Sale Agreement, dated as of November 3, 2004 (as amended, modified, waived, supplemented or restated through the date hereof, the “Purchase and Sale Agreement”), by and between Ares Capital CP Funding LLC, as the buyer (together with its successors and assigns in such capacity, the “Buyer”), and Ares Capital Corporation, as the seller (together with its successors and assigns in such capacity, the “Seller”). Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Purchase and Sale Agreement or, if not defined therein, in that certain Sale and Servicing Agreement, dated as of November 3, 2004 (as amended, modified, waived, supplemented or restated through the date hereof, the “Sale and Servicing Agreement”), by and among Ares Capital CP Funding LLC, as the borrower (together wi
