INDENTURE by and between ACAS BUSINESS LOAN TRUST 2003–2, as the Issuer, and WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, not in its individual capacity but solely in its capacity as the Indenture Trustee Dated as of December 19, 2003Indenture • March 9th, 2004 • American Capital Strategies LTD • New York
THIS INDENTURE, dated as of December 19, 2003 (as amended, modified, restated, replaced, substituted, supplemented, waived or extended from time to time, the “Indenture”), is by and between ACAS BUSINESS LOAN TRUST 2003–2, a Delaware statutory trust, as the issuer (together with its successors and assigns, in such capacity, the “Issuer”), and WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, not in its individual capacity but solely in its capacity as the indenture trustee (together with its successors and assigns, in such capacity, the “Indenture Trustee”).
LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF ACAS BUSINESS LOAN LLC, 2003-2Limited Liability Company Operating Agreement • March 9th, 2004 • American Capital Strategies LTD • Delaware
ACAS TRANSFER AGREEMENT between AMERICAN CAPITAL STRATEGIES, LTD., as the Originator, and ACAS BUSINESS LOAN LLC, 2003–2, as the Trust Depositor Dated as of December 19, 2003Transfer Agreement • March 9th, 2004 • American Capital Strategies LTD • New York
THIS ACAS TRANSFER AGREEMENT, dated as of December 19, 2003, is between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (together with its successors and assigns, “ACAS”), as the originator (together with its successor and assigns, the “Originator”) and ACAS BUSINESS LOAN LLC, 2003–2, a Delaware limited liability company, as the trust depositor (together with its successor and assigns, the “Trust Depositor”).
TRANSFER AND SERVICING AGREEMENT by and among ACAS BUSINESS LOAN TRUST 2003–2, as the Issuer, ACAS BUSINESS LOAN LLC, 2003–2, as the Trust Depositor, AMERICAN CAPITAL STRATEGIES, LTD., as the Originator and as the Servicer, and WELLS FARGO BANK...Transfer and Servicing Agreement • March 9th, 2004 • American Capital Strategies LTD • New York
WHEREAS, in the regular course of its business, the Originator originates, purchases and/or acquires Loans (as defined herein);
AMENDMENT NO. 2 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (VFCC Transaction with ACS Funding Trust I)Loan Funding and Servicing Agreement • March 9th, 2004 • American Capital Strategies LTD • New York
THIS AMENDMENT NO. 2 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of January 2, 2004 (this “Amendment”), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the “Borrower”), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the “Servicer”), VARIABLE FUNDING CAPITAL CORPORATION, as the conduit lender (in such capacity, the “Conduit Lender”), WACHOVIA CAPITAL MARKETS, LLC (f/k/a Wachovia Securities, Inc.), as the deal agent (in such capacity, the “Deal Agent”), WACHOVIA BANK, NATIONAL ASSOCIATION (“WBNA”), as the swingline lender (in such capacity, the “Swingline Lender”), WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, as the collateral custodian (in such capacity, the “Collateral Custodian”) and as the backup servicer (in such capacity, the “Backup Servicer”), and is acknowledged and agreed to by WACHOVIA BANK, NATIONAL ASSOCIATION, as the hedge counterparty (in such capacity, the “Hedge Counterparty”). Ca
ACAS BUSINESS LOAN TRUST 2003-2 ASSET-BACKED NOTES SERIES 2003-2 $258,002,000.00 CLASS A NOTES $39,692,000.00 CLASS B NOTES $19,846,000.00 CLASS C NOTES PURCHASE AGREEMENTPurchase Agreement • March 9th, 2004 • American Capital Strategies LTD • New York
