0001144204-15-051191 Sample Contracts

AMENDMENT NO. 3 TO THE LOAN AND SERVICING AGREEMENT AND AMENDMENT NO. 1 TO PURCHASE AND SALE AGREEMENT, CUSTODY AGREEMENT AND SECURITIES ACCOUNT CONTROL AGREEMENT
Loan and Servicing Agreement • August 21st, 2015 • Fifth Street Finance Corp.

This AMENDMENT NO. 3 TO THE LOAN AND SERVICING AGREEMENT AND AMENDMENT NO. 1 TO PURCHASE AND SALE AGREEMENT, CUSTODY AGREEMENT AND SECURITIES ACCOUNT CONTROL AGREEMENT (this “Amendment”), is dated as of August 17, 2015, among Fifth Street Funding II, LLC, as the borrower (in such capacity, the “Borrower”), Fifth Street Finance Corp., as the transferor (in such capacity, the “Transferor”) and as the servicer (in such capacity, the “Servicer”), Sumitomo Mitsui Banking Corporation, as the administrative agent (in such capacity, the “Administrative Agent”), as lender (in such capacity, the “Lender”) and as the collateral agent (in such capacity, the “Collateral Agent”) and U.S. Bank National Association, as the custodian (the “Custodian”) and as the account bank (the “Account Bank”). Capitalized terms used but not defined herein have the meanings provided in the Loan and Servicing Agreement (as defined below).

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