PURCHASE AND SALE AGREEMENT by and between BUSINESS DEVELOPMENT CORPORATION OF AMERICA, as the Seller and BDCA FUNDING I, LLC, as the Purchaser Dated as of July 24, 2012Purchase and Sale Agreement • August 7th, 2012 • Business Development Corp of America
THIS PURCHASE AND SALE AGREEMENT, dated as of July 24, 2012, by and between BUSINESS DEVELOPMENT CORPORATION OF AMERICA, a Maryland corporation, as the seller (the “Seller”), and BDCA FUNDING I, LLC, a Delaware limited liability company, as the purchaser (the “Purchaser”).
Up to U.S. $50,000,000 LOAN AND SERVICING AGREEMENT Dated as of July 24, 2012 Among BDCA FUNDING I, LLC, as the Borrower BUSINESS DEVELOPMENT CORPORATION OF AMERICA, as the Servicer and the Seller WELLS FARGO SECURITIES, LLC, as the Administrative...Loan and Servicing Agreement • August 7th, 2012 • Business Development Corp of America • New York
The Lenders have 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(s) 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 Seller, approved by the Administrative Agent, pursuant to the Purchase and Sale Agreement between the Borrower and the Seller. Accordingly, the parties agree as follows:
COLLECTION ACCOUNT AGREEMENTCollection Account Agreement • August 7th, 2012 • Business Development Corp of America • New York
THIS COLLECTION ACCOUNT AGREEMENT (this “Agreement”) is made as of July 24, 2012, by and among U.S. BANK NATIONAL ASSOCIATION (“U.S. Bank”), a national banking association, in its capacity as Collection Account Bank (“Account Bank”) and its capacity as Collateral Agent (together with its successors and assigns, “Collateral Agent”), WELLS FARGO SECURITIES, LLC, in its capacity as Administrative Agent (together with its successors and assigns, “Administrative Agent”), BDCA FUNDING I, LLC, a Delaware limited liability company, in its capacity as (“Borrower”) and BUSINESS DEVELOPMENT CORPORATION OF AMERICA, a Maryland corporation, in its capacity as Servicer (“Servicer”).
