0001144204-11-050929 Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • September 1st, 2011 • Business Development Corp of America • Texas

This agreement (the “Agreement”) dated as of August 22, 2011 between BUSINESS DEVELOPMENT CORPORATION OF AMERICA, a corporation organized and existing under the laws of the state of Maryland having a place of business located at 405 Park Avenue, 15th Floor, New York, New York 10022 (the “Fund”) and any additional affiliates or subsidiaries of the Fund as provided herein and AMEGY BANK NATIONAL ASSOCIATION, a national banking association having a place of business at 1221 McKinney Street Level P-1, Houston, Texas, 77010 (the “Custodian”).

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ESCROW AGREEMENT
Escrow Agreement • September 1st, 2011 • Business Development Corp of America • Missouri

THIS ESCROW AGREEMENT (this “Agreement”) is made and entered into as of this 25th day of August, 2011 by and among Business Development Corporation of America, a Maryland corporation (the “Company”), Realty Capital Securities, LLC, a Delaware limited liability company (the “Dealer Manager”) and UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the “Escrow Agent”).

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