AMENDMENT NO. 6 TO LOAN FUNDING AND SERVICING AGREEMENT (VFCC Transaction with ACS Funding Trust I)Loan Funding and Servicing Agreement • May 15th, 2001 • American Capital Strategies LTD • New York
Contract Type FiledMay 15th, 2001 Company JurisdictionTHIS AMENDMENT NO. 6 TO LOAN FUNDING AND SERVICING AGREEMENT, dated as of March 29, 2001 (this “ Amendment”), is entered into by and among ACS FUNDING TRUST I (“Borrower”), as Borrower, AMERICAN CAPITAL STRATEGIES, LTD. (“Servicer”), as Servicer, certain INVESTORS, VARIABLE FUNDING CAPITAL CORPORATION (“VFCC”), as a Lender, FIRST UNION SECURITIES, INC. (successor-in-interest to First Union Capital Markets Corp.), as Deal Agent, FIRST UNION NATIONAL BANK (“First Union”), as a Lender and as Liquidity Agent, Wells Fargo Bank Minnesota, National Association (successor-in-interest to Norwest Bank Minnesota, National Association, as Collateral Custodian and the Backup Servicer, and as acknowledged and agreed to by FIRST UNION NATIONAL BANK (“Hedge Counterparty”), as Hedge Counterparty. Capitalized terms used and not otherwise defined herein are used as defined in the Agreement (as defined below).