AMENDED AND RESTATED OPERATING AGREEMENT OF KKR FINANCIAL HOLDINGS LLC Dated as of May 3, 2007 As amended May 7, 2009Operating Agreement • August 6th, 2009 • KKR Financial Holdings LLC • Finance services • Delaware
This AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) shall be effective as of the 3rd day of May, 2007, was amended effective as of the 24th day of March, 2009 and is entered into by KKR Financial Advisors LLC, a Delaware limited liability company (the “Manager”), together with KKR Financial Corp., a Maryland corporation (“KKR Financial Corp.”), any other Persons who are or hereafter become Members in KKR Financial Holdings LLC or parties hereto as provided herein. The Members hereby agree to the amendment and restatement of the Operating Agreement, dated as of January 17, 2007 (the “Original Agreement”), as set forth herein. Capitalized terms used in this Agreement without definition shall have the respective meanings specified in Section 1.10 and, unless otherwise specified, article and section references used herein refer to Articles and Sections of this Agreement.
AMENDMENT NO. 1 dated as of August 5, 2009 to CREDIT AGREEMENTCredit Agreement • August 6th, 2009 • KKR Financial Holdings LLC • Finance services
This AMENDMENT NO. 1 (this “Amendment No. 1”), dated as of August 5, 2009, to the Original Credit Agreement referenced below and the Original Security Agreement referenced below, is entered into by and among (i) KKR FINANCIAL HOLDINGS LLC, a Delaware limited liability company (“KKR Financial”), KKR TRS HOLDINGS, LTD., a Cayman Islands company (“KKR TRS LTD”), KKR FINANCIAL HOLDINGS II, LLC, a Delaware limited liability company (“KKR Holdings II”), KKR FINANCIAL HOLDINGS III, LLC, a Delaware limited liability company (“KKR Holdings III”), KKR FINANCIAL HOLDINGS, INC., a Delaware corporation (“KKR Holdings”), KKR FINANCIAL HOLDINGS, LTD., a Cayman Islands company (“KKR Holdings LTD”), and KKR FINANCIAL CLO 2009-1, LTD., a Cayman Islands company (“KKR CLO 2009-1”, and collectively with KKR Financial, KKR TRS LTD, KKR Holdings II, KKR Holdings III, KKR Holdings and KKR Holdings LTD, the “KKR Entities” and each, individually, a “KKR Entity”), as Borrowers, (ii) BANK OF AMERICA, N.A., a nati
