AGREEMENT AND PLAN OF MERGER by and among KCAP FINANCIAL, INC., COMMODORE HOLDINGS, L.L.C., KATONAH DEBT ADVISORS, L.L.C., TRIMARAN ADVISORS, L.L.C., TRIMARAN ADVISORS MANAGEMENT, L.L.C., LIBREMAX INTERMEDIATE HOLDINGS, LP, LM RUBICON MERGER SUB 1,...Merger Agreement • January 4th, 2019 • KCAP Financial, Inc. • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of November 8, 2018, is made by and among KCAP Financial, Inc., a Delaware corporation (“KCAP”), Commodore Holdings, L.L.C., a Delaware limited liability company (“Commodore” and, collectively with KCAP, each, a “Seller Party” and, collectively, the “Seller Parties”), Katonah Debt Advisors, L.L.C., a Delaware limited liability company (“Katonah”), Trimaran Advisors, L.L.C., a Delaware limited liability company (“Trimaran”), Trimaran Advisors Management, L.L.C., a Delaware limited liability company (“Trimaran Management”), LibreMax Intermediate Holdings, LP, a Delaware limited partnership (the “Purchaser”), LM Rubicon Merger Sub 1, LLC, a Delaware limited liability company (“Merger Sub 1”), LM Rubicon Merger Sub 2, LLC, a Delaware limited liability company (“Merger Sub 2”), and LM Rubicon Merger Sub 3, LLC, a Delaware limited liability company (“Merger Sub 3” and, collectively with Merger Sub 1 and Merger Sub 2, the “Merger
