MARGINING AGREEMENTMargining Agreement • September 12th, 2023 • FS Energy & Power Fund
FSSL Finance BB AssetCo LLC, ISSUER, BARCLAYS BANK PLC, LIQUIDATION AGENT AND Computershare TRUST COMPANY, N.A., TRUSTEE INDENTURE Dated as of September 6, 2023Indenture • September 12th, 2023 • FS Energy & Power Fund • New York
INDENTURE, dated as of September 6, 2023, between FSSL Finance BB AssetCo LLC, a Delaware limited liability company (the “Issuer”), Barclays Bank PLC, a public limited company incorporated in England and Wales, as liquidation agent (the “Liquidation Agent”), and Computershare Trust Company, N.A., a national banking association, as trustee (the “Trustee”).
SALE AND CONTRIBUTION AGREEMENT by and between FS ENERGY AND POWER FUND, as the Seller and FSSL FINANCE BB ASSETCO LLC, as the Buyer Dated as of September 6, 2023Sale and Contribution Agreement • September 12th, 2023 • FS Energy & Power Fund • New York
THIS SALE AND CONTRIBUTION AGREEMENT, dated as of September 6, 2023 (as amended, modified, supplemented or restated from time to time, this “Agreement”), is between FS Energy and Power Fund (which, for the avoidance of doubt, may be renamed to FS Specialty Lending Fund or such other name as notified to the Liquidation Agent, together with its successors and assigns, the “Seller”); and FSSL Finance BB AssetCo LLC, a Delaware limited liability company (together with its successors and assigns, the “Buyer”).
INVESTMENT MANAGEMENT AGREEMENT dated as of September 6, 2023 BY AND BETWEEN FSSL FINANCE BB ASSETCO LLC, a Delaware limited liability company AND FS ENERGY AND POWER FUND, a Delaware statutory trustInvestment Management Agreement • September 12th, 2023 • FS Energy & Power Fund • New York
This Investment Management Agreement (the “Agreement”), dated as of September 6, 2023, is made by and between FSSL FINANCE BB ASSETCO LLC, a Delaware limited liability company (the “Company”), and FS ENERGY AND POWER FUND (which, for the avoidance of doubt, may be renamed to FS Specialty Lending Fund or such other name as notified to the Liquidation Agent), a Delaware statutory trust (the “Investment Manager”). Unless otherwise specified, capitalized terms used but not otherwise defined in this Agreement shall have the meanings given to them in the Indenture dated as of September 6, 2023 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Indenture”) by and between the Company, as Issuer, BARCLAYS BANK PLC, as Liquidation Agent and COMPUTERSHARE TRUST COMPANY, N.A., as Trustee, and the Margining Agreement dated as of September 6, 2023 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Margining
COLLATERAL ADMINISTRATION AGREEMENTCollateral Administration Agreement • September 12th, 2023 • FS Energy & Power Fund • New York
THIS COLLATERAL ADMINISTRATION AGREEMENT (the “Agreement”), dated as of September 6, 2023, by and among FSSL FINANCE BB ASSETCO LLC, as issuer (the “Issuer”), FS Energy and Power Fund, as Investment Manager (the “Investment Manager”) and COMPUTERSHARE TRUST COMPANY, N.A., a national banking association, as collateral administrator (together with its permitted successors and assigns, in such capacity, the “Collateral Administrator”).
ContractExecution Version • September 12th, 2023 • FS Energy & Power Fund • New York
GUARANTY, dated as of September 6, 2023 (this “Guaranty”) made by FS Energy and Power Fund (and, following its name change, FS Specialty Lending Fund or such other name as may be notified to Barclays) (“Guarantor”), a Delaware statutory trust, in favor of Barclays Bank PLC (“Barclays”), a public limited company organized under the laws of England.
Master Repurchase AgreementMaster Repurchase Agreement • September 12th, 2023 • FS Energy & Power Fund • New York
