FORBEARANCE AND SETTLEMENT AGREEMENTForbearance and Settlement Agreement • November 8th, 2010 • Kohlberg Capital CORP • New York
This FORBEARANCE AND SETTLEMENT AGREEMENT (this “Agreement”), dated as of September 20, 2010, is entered into by and among Kohlberg Capital Funding LLC I (“Kohlberg Funding” or the “Borrower”), as Borrower, Kohlberg Capital Corporation (“Kohlberg” or the “Servicer” and, together with Kohlberg Funding, the “Borrower Parties”), as Servicer, BMO Capital Markets Corp. (the “Agent”), as Agent, and Bank of Montreal (“BMO”), Fairway Finance Company LLC (“Fairway”), Deutsche Bank AG, New York Branch (“DB”), and Riverside Funding LLC (“Riverside”, and together with BMO, Fairway, and DB, the “Lenders”), as Lenders. Each Borrower Party, the Agent, and each Lender is sometimes referred to herein individually as a “Party” and collectively, as the “Parties.”
