0001104659-07-076184 Sample Contracts

AMENDMENT NO. 9 TO SALE AND SERVICING AGREEMENT
Sale and Servicing Agreement • October 23rd, 2007 • Ares Capital Corp • New York

THIS AMENDMENT NO. 9 TO THE SALE AND SERVICING AGREEMENT, dated as of October 18, 2007 (this “Amendment”), is entered into in connection with 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 with its successors and assigns in such capacity, the “Borrower”), Ares Capital Corporation, as the originator (together with its successors and assigns in such capacity, the “Originator”) and as the servicer (together with its successors and assigns in such capacity, the “Servicer”), each of the Conduit Purchasers and Institutional Purchasers from time to time party thereto, each of the Purchaser Agents from time to time party thereto, Wachovia Capital Markets, LLC, as the Administrative Agent (together with its successors and assigns in such capacity, the “Administrative Agent”) and as the P

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