AMENDMENT NO. 6 TO THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (ACS Funding Trust I)Loan Funding and Servicing Agreement • September 12th, 2008 • American Capital, LTD
THIS AMENDMENT NO. 6 TO THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of September 8, 2008 (this "Amendment"), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the "Borrower"), AMERICAN CAPITAL, LTD. (f/k/a American Capital Strategies, Ltd.), as the servicer (in such capacity, the "Servicer"), VARIABLE FUNDING CAPITAL COMPANY LLC, as a conduit lender (in such capacity, a "Conduit Lender"), WACHOVIA CAPITAL MARKETS, LLC, as the deal agent (in such capacity, the "Deal Agent") and a lender agent (in such capacity, a "Lender Agent"), WACHOVIA BANK, NATIONAL ASSOCIATION, as the swingline lender (in such capacity, the "Swingline Lender") and as an institutional lender (in such capacity, an "Institutional Lender"), JS SILOED TRUST, as a conduit lender (in such capacity, a "Conduit Lender"), JPMORGAN CHASE BANK, N.A., as an institutional lender (in such capacity, an "Institutional Lender") and as a lender agent (in such capacity,
