CUSTODY AGREEMENT dated as of September 29, 2017 by and between GOLUB CAPITAL BDC 3, INC. (“Company”) andCustody Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • New York
THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of September 29, 2017 and is by and between GOLUB CAPITAL BDC 3, INC. (or any successor or permitted assign, the “Company”), a corporation organized under the laws of the State of Maryland, having its principal place of business at 666 Fifth Avenue, 18th Floor, New York, NY 10103, and U.S. BANK NATIONAL ASSOCIATION (or any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association having a place of business at 8 Greenway Plaza, Suite 1100, Houston TX 77046.
GOLUB CAPITAL BDC 3, INC. SUBSCRIPTION AGREEMENTSubscription Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • Maryland
THE SHARES OF GOLUB CAPITAL BDC 3, INC. HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT, OR REGISTERED OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY STATES OR OTHER JURISDICTIONS, AND ARE BEING OFFERED AND SOLD IN RELIANCE ON EXEMPTIONS FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND THE REGISTRATION AND QUALIFICATION REQUIREMENTS OF SUCH LAWS. THE SHARES ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS PERMITTED UNDER THE SECURITIES ACT AND SUCH LAWS PURSUANT TO REGISTRATION, QUALIFICATION OR EXEMPTION THEREFROM. THE SHARES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND EXCHANGE COMMISSION OR BY ANY STATE OR OTHER SECURITIES COMMISSION OR OTHER REGULATORY AUTHORITY, NOR HAVE ANY OF THE FOREGOING AUTHORITIES PASSED UPON OR ENDORSED THE MERITS OF THIS OFFERING OR THE ACCURACY OR ADEQUACY OF THE OFFERING MATERIALS, AND ANY REPRESENTATION TO THE CONTRARY IS UNLAWFUL.
ADMINISTRATION AGREEMENTAdministration Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • New York
AGREEMENT (this “Agreement”) made as of this 29th day of September, 2017, by and between Golub Capital BDC 3, Inc., a Maryland corporation (hereinafter referred to as the “Company”), and Golub Capital LLC, a Delaware limited liability company (the “Administrator”).
INVESTMENT ADVISORY AGREEMENT BETWEEN GOLUB CAPITAL BDC 3, Inc. AND GC ADVISORS LLCInvestment Advisory Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • New York
Investment Advisory Agreement made this 29th day of September 2017 (this “Agreement”), by and between GOLUB CAPITAL BDC 3, INC., a Maryland corporation (the “Corporation”), and GC ADVISORS LLC, a Delaware limited liability company (the “Adviser”).
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • New York
This TRADEMARK LICENSE AGREEMENT (this “Agreement”) is made and effective as of the date hereof, by and between Golub Capital LLC, a Delaware limited liability company (the “Licensor”), and Golub Capital BDC 3, Inc., a corporation organized under the laws of the State of Maryland (the “Licensee”) (each a “party,” and collectively, the “parties”).
Golub Capital BDC 3, Inc.Letter Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc.
DOCUMENT CUSTODY AGREEMENT GOLUB CAPITAL BDC 3, INC. Company each wholly-owned subsidiary of the Company that has executed a Joinder each, a Subsidiary and Dated as of September 29, 2017Document Custody Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • New York
This DOCUMENT CUSTODY AGREEMENT (the “Agreement”) is made and entered into as of September 29, 2017, by and among Golub Capital BDC 3, Inc. (the “Company”), a corporation organized under the laws of the state of Maryland, and each wholly-owned subsidiary of the Company that has executed a Joinder (as defined below) (each, a “Subsidiary”) and U.S. Bank National Association, a national banking association, organized under the laws of the United States, as document custodian (the “Document Custodian”).
ESCROW AGREEMENTEscrow Agreement • September 29th, 2017 • Golub Capital BDC 3, Inc. • New York
THIS ESCROW AGREEMENT, dated as of October 2, 2017 (“Agreement”), is by and among Golub Capital BDC 3, Inc., a Maryland corporation, (“Depositor”), GC Advisors LLC, a Delaware limited liability company (“GC Advisors”), the Depositor and GC Advisors are also individually herein referred to as an “Interested Party” and collectively as the “Interested Parties”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as escrow agent hereunder (“Escrow Agent”).
