AMENDED AND RESTATED PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • August 14th, 2003 • American Capital Strategies LTD • New York
THIS AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the “Agreement”), is dated as of June 13, 2003, by and between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation, as the seller (together with its successors and assigns in such capacity, the “Seller”), and ACS FUNDING TRUST I, a Delaware statutory trust, as the buyer (together with its successors and assigns in such capacity the “Buyer”).
AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENTFunding and Servicing Agreement • August 14th, 2003 • American Capital Strategies LTD • New York
THIS AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the “Agreement”) is made as of this 13th day of June, 2003, by and among:
AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • August 14th, 2003 • American Capital Strategies LTD • New York
THIS AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the “Agreement”), dated as of June 13, 2003 by and among AMERICAN CAPITAL STRATEGIES, LTD., as the seller (together with its successors and assigns in such capacity, the “Seller”), a Delaware corporation, ACS FUNDING TRUST I, as the buyer (together with its successors and assigns in such capacity, the “Buyer”), and WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION (“Wells Fargo”), as the escrow agent (together with its successors and assigns in such capacity, the “Escrow Agent”). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase Agreement (as defined below) and the principles of interpretation set forth therein.
