Charles Schwab & Co., Inc. San Francisco, California 94104 SELLING AGENT AGREEMENTSelling Agent Agreement • June 8th, 2004 • Excelsior Buyout Investors LLC • California
This is to confirm that, in consideration of the agreements hereinafter contained, UST Securities Corp. (the “Selling Agent”), EXCELSIOR BUYOUT INVESTORS, LLC (the “Company”), a Delaware limited liability company registered under the Investment Company Act of 1940, as amended (the “1940 Act”) and CHARLES SCHWAB & CO., INC. (“Schwab”), the distributor for the Company, have agreed that the Selling Agent shall serve as selling agent of the units of beneficial interest (the “Units”) of the Company.
ADMINISTRATION, ACCOUNTING AND INVESTOR SERVICES AGREEMENTAdministration, Accounting and Investor Services Agreement • June 8th, 2004 • Excelsior Buyout Investors LLC
WHEREAS, the Fund is a closed-end, non-diversified management investment company under the Investment Company Act of 1940, as amended (the “1940 Act”); and
ESCROW AGREEMENTEscrow Agreement • June 8th, 2004 • Excelsior Buyout Investors LLC • Delaware
THIS AGREEMENT is made as of March 13, 2003, by and among EXCELSIOR BUYOUT INVESTORS, LLC (the “Company”) and PNC BANK, DELAWARE (the “Escrow Agent”) and PFPC INC. (the “Escrow Administrator”).
ContractDistribution Agreement • June 8th, 2004 • Excelsior Buyout Investors LLC • California
AMENDMENT NO. 1 TO DISTRIBUTION AGREEMENT, dated as of May 8, 2003 (this “Amendment No. 1”), between Excelsior Buyout Investors, LLC. (the “Company”), and Charles Schwab & Co., Inc. (the “Distributor”).
OPERATING AGREEMENT OF EXCELSIOR BUYOUT INVESTORS, LLCOperating Agreement • June 8th, 2004 • Excelsior Buyout Investors LLC • Delaware
This OPERATING AGREEMENT (the “Agreement”) of Excelsior Buyout Investors, LLC, a Delaware limited liability company (the “Company”), is made as of the 8th day of May, 2003, by and among the Managing Member and the other Persons admitted to the Company as members and whose names and addresses are listed from time to time as members on Schedule A hereto (each, a “Member” and collectively, the “Members”) and has been executed for the purpose of providing for the operation of the Company pursuant to the provisions of the Delaware Limited Liability Company Act.
DISTRIBUTION AGREEMENTDistribution Agreement • June 8th, 2004 • Excelsior Buyout Investors LLC • California
This is to confirm that, (i) in consideration of the agreements of EXCELSIOR BUYOUT INVESTORS, LLC (the “Company”), a Delaware limited liability company registered under the Investment Company Act of 1940, as amended (the “1940 Act”), hereinafter contained, CHARLES SCHWAB & CO., INC. (the “Distributor”) has agreed to serve as the distributor of the units of beneficial interest (the “Units”) of the Company for the period of this Agreement.
CUSTODIAN SERVICES AGREEMENTCustodian Services Agreement • June 8th, 2004 • Excelsior Buyout Investors LLC
THIS AGREEMENT is made as of March 13, 2003 by and between PFPC TRUST COMPANY (“PFPC Trust”), and EXCELSIOR BUYOUT INVESTORS, LLC (the “Fund”).
ContractSelling Agent Agreement • June 8th, 2004 • Excelsior Buyout Investors LLC • California
AMENDMENT NO. 1 TO SELLING AGENT AGREEMENT, dated as of May 8, 2003 (this “Amendment No. 1”), among Excelsior Buyout Investors, LLC. (the “Company”), Charles Schwab & Co., Inc. (“Schwab”) and UST Securities Corp. (the “Selling Agent”).
INVESTMENT ADVISORY AGREEMENT EXCELSIOR BUYOUT INVESTORS, LLC New York, New YorkInvestment Advisory Agreement • June 8th, 2004 • Excelsior Buyout Investors LLC • Delaware
