PURCHASE AND SALE AGREEMENT by and between ACS FUNDING TRUST II, as the Buyer and AMERICAN CAPITAL STRATEGIES, LTD., as the Seller Dated as of June 30, 2004Purchase and Sale Agreement • July 30th, 2004 • American Capital Strategies LTD • New York
THIS PURCHASE AND SALE AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the “Agreement”), is dated as of June 30, 2004, by and between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation, as the seller (together with its successors and assigns in such capacity, the “Seller”), and ACS FUNDING TRUST II, a Delaware statutory trust, as the buyer (together with its successors and assigns in such capacity the “Buyer”).
AMENDMENT NO. 4 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (VFCC Transaction with ACS Funding Trust I)Loan Funding and Servicing Agreement • July 30th, 2004 • American Capital Strategies LTD • New York
THIS AMENDMENT NO. 4 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of June 29, 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, NATIONAL ASSOCIATION (as successor by merger to 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 he
TRUST AGREEMENT dated as of June 30, 2004 AMONG AMERICAN CAPITAL STRATEGIES, LTD., as Grantor and Owner, MALON WILKUS, as Beneficiary Trustee and EVELYNE STEWARD and WILLIAM HOLLORAN, as Independent TrusteesTrust Agreement • July 30th, 2004 • American Capital Strategies LTD
TRUST AGREEMENT dated as of June 30, 2004 among AMERICAN CAPITAL STRATEGIES, LTD., as Grantor and Owner (the “Grantor”), MALON WILKUS, as Beneficiary Trustee (the “Beneficiary Trustee”) and EVELYNE STEWARD and WILLIAM HOLLORAN, as Independent Trustees (the “Independent Trustees”).
U.S. $125,000,000 LOAN FUNDING AND SERVICING AGREEMENT by and among ACS FUNDING TRUST II, as the Borrower AMERICAN CAPITAL STRATEGIES, LTD., as the Servicer FAIRWAY FINANCE COMPANY, LLC, as the Conduit Lender HARRIS NESBITT CORP., as the Agent and...Funding and Servicing Agreement • July 30th, 2004 • American Capital Strategies LTD • New York
THIS LOAN FUNDING AND SERVICING AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the “Agreement”) is made as of this 30th day of June, 2004, by and among:
