0001104659-09-044966 Sample Contracts

SECOND TIER PURCHASE AND SALE AGREEMENT among ARES CAPITAL CP FUNDING II LLC, as the Purchaser and ARES CAPITAL CP FUNDING HOLDINGS II LLC, as the Seller Dated as of July 21, 2009

Second Tier Purchase and Sale Agreement • July 27th, 2009 • Ares Capital Corp

• Contract Type
  Second Tier Purchase and Sale Agreement
• Filed
  July 27th, 2009
• Company
  Ares Capital Corp

THIS SECOND TIER PURCHASE AND SALE AGREEMENT, dated as of July 21, 2009, among ARES CAPITAL CP FUNDING HOLDINGS II LLC, a Delaware limited liability company, as the seller (the “Seller”) and ARES CAPITAL CP FUNDING II LLC, a Delaware limited liability company, as the purchaser (the “Purchaser”).

FIRST TIER PURCHASE AND SALE AGREEMENT among ARES CAPITAL CP FUNDING HOLDINGS II LLC, as the Purchaser and ARES CAPITAL CORPORATION, as the Seller Dated as of July 21, 2009

First Tier Purchase and Sale Agreement • July 27th, 2009 • Ares Capital Corp

• Contract Type
  First Tier Purchase and Sale Agreement
• Filed
  July 27th, 2009
• Company
  Ares Capital Corp

THIS FIRST TIER PURCHASE AND SALE AGREEMENT, dated as of July 21, 2009, among ARES CAPITAL CORPORATION, a Maryland corporation, as the seller (the “Seller”) and ARES CAPITAL CP FUNDING HOLDINGS II LLC, a Delaware limited liability company, as the purchaser (the “Purchaser”).

U.S. $200,000,000 NOTE PURCHASE AGREEMENT Dated as of July 21, 2009 Among ARES CAPITAL CP FUNDING II LLC, as the Borrower and ARES CAPITAL CP FUNDING LLC, as the Guarantor and ARES CAPITAL CORPORATION, as the Servicer and the Transferor and WACHOVIA...

Note Purchase Agreement • July 27th, 2009 • Ares Capital Corp • London

• Contract Type
  Note Purchase Agreement
• Filed
  July 27th, 2009
• Company
  Ares Capital Corp
• Jurisdiction
  London

The Note Purchaser has agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances under the Variable Funding Note from time to time in an aggregate principal amount not to exceed the Borrowing Base. The proceeds of the Advances will be used to finance the Borrower’s purchase, on a “true sale” basis, of Eligible Loan Assets from the Equityholder and the Equityholder’s purchase, on a “true sale” basis, of Eligible Loan Assets from the Transferor, approved by the Agent, pursuant to the Second Tier Purchase and Sale Agreement between the Borrower and the Equityholder and the First Tier Purchase and Sale Agreement between the Equityholder and the Transferor, respectively. Accordingly, the parties agree as follows: