COLLATERAL ADMINISTRATION AGREEMENTCollateral Administration Agreement • August 9th, 2006 • Ares Capital Corp • New York
This COLLATERAL ADMINISTRATION AGREEMENT, dated as of July 7, 2006 (the “Agreement”) is entered into by and among ARCC COMMERCIAL LOAN TRUST 2006, a statutory trust created and existing under the laws of the State of Delaware, as the issuer (together with its successors and assigns, the “Issuer”), ARES CAPITAL CORPORATION, a Maryland corporation, as the servicer (together with its successors and assigns, the “Servicer”), and U.S. BANK NATIONAL ASSOCIATION (“U.S. Bank”), acting as collateral administrator under and for purposes of this Agreement (in such capacity, and together with any successor Collateral Administrator hereunder, the “Collateral Administrator”).
MASTER PARTICIPATION AGREEMENTMaster Participation Agreement • August 9th, 2006 • Ares Capital Corp • New York
This Master Participation Agreement (this “Agreement”) is entered into as of July 7, 2006, between Ares Capital CP Funding LLC (“Seller”) and Ares Capital Corporation (“Purchaser”).
SALE AND SERVICING AGREEMENT by and amongSale and Servicing Agreement • August 9th, 2006 • Ares Capital Corp • New York
WHEREAS, the Trust Depositor acquired the Initial Loans from the Originator and may acquire from time to time thereafter certain Substitute Loans;
AMENDED AND RESTATED TRUST AGREEMENT by and between ARCC CLO 2006 LLC, as the Trust Depositor WILMINGTON TRUST COMPANY, as the Owner Trustee andTrust Agreement • August 9th, 2006 • Ares Capital Corp • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the “Trust Agreement” or this “Agreement”), dated as of July 7, 2006, is between ARCC CLO 2006 LLC, a Delaware limited liability company, as trust depositor (the “Trust Depositor”), WILMINGTON TRUST COMPANY, as trust company (in its individual capacity, together with its successors and assigns, the “Trust Company”), and as owner trustee (solely in such capacity, the “Owner Trustee”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as certificate registrar (together with its successors and assigns, the “Certificate Registrar”) and as paying agent (together with its successors and assigns, the “Paying Agent”).
COMMERCIAL LOAN SALE AGREEMENT by and between ARES CAPITAL CORPORATION, as the Originator and ARCC CLO 2006 LLC, as the Trust Depositor Dated as of July 7, 2006Commercial Loan Sale Agreement • August 9th, 2006 • Ares Capital Corp • New York
THIS COMMERCIAL LOAN SALE AGREEMENT, dated as of July 7, 2006 (as amended, modified, restated, waived, or supplemented from time to time, the “Agreement”), is between ARES CAPITAL CORPORATION, a Maryland corporation (together with its successors and assigns, “Ares Capital”, and in its capacity as originator, together with its successors and assigns, the “Originator”), and ARCC CLO 2006 LLC, a Delaware limited liability company (together with its successors and assigns, the ‘“Trust Depositor”).
INDENTURE by and between ARCC COMMERCIAL LOAN TRUST 2006, as the Issuer, and U.S. BANK NATIONAL ASSOCIATION, as the Trustee Dated as of July 7, 2006Indenture • August 9th, 2006 • Ares Capital Corp • New York
THIS INDENTURE, dated as of July 7, 2006 (as amended, modified, restated, supplemented or waived from time to time, this “Indenture”), is by and between ARCC Commercial Loan Trust 2006, a Delaware statutory trust, as the issuer (together with its successors and assigns, in such capacity, the “Issuer”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, not in its individual capacity, except as expressly set forth herein, but solely in its capacity as the trustee (together with its successors and assigns, in such capacity, the “Trustee”).
CLASS A-1A VFN PURCHASE AGREEMENT Dated as of July 7, 2006Class a-1a VFN Purchase Agreement • August 9th, 2006 • Ares Capital Corp • New York
CLASS A-1A VFN PURCHASE AGREEMENT (as amended, restated, supplemented or modified from time to time, this “Agreement”) dated as of July 7, 2006 among:
