0001193125-04-209609 Sample Contracts

INDENTURE by and between ACAS BUSINESS LOAN TRUST 2004-1, as the Issuer, and WELLS FARGO BANK, NATIONAL ASSOCIATION, not in its individual capacity but solely in its capacity as the Indenture Trustee Dated as of December 2, 2004
Indenture • December 8th, 2004 • American Capital Strategies LTD • New York

THIS INDENTURE, dated as of December 2, 2004 (as amended, modified, restated, replaced, substituted, supplemented, waived or extended from time to time, the “Indenture”), is by and between ACAS BUSINESS LOAN TRUST 2004-1, a Delaware statutory trust, as the issuer (together with its successors and assigns, in such capacity, the “Issuer”), and WELLS FARGO BANK, 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”).

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LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF ACAS BUSINESS LOAN LLC, 2004-1
Limited Liability Company Operating Agreement • December 8th, 2004 • American Capital Strategies LTD • Delaware
ACAS TRANSFER AGREEMENT between AMERICAN CAPITAL STRATEGIES, LTD., as the Originator, and ACAS BUSINESS LOAN LLC, 2004-1, as the Trust Depositor Dated as of December 2, 2004
Acas Transfer Agreement • December 8th, 2004 • American Capital Strategies LTD • New York

THIS ACAS TRANSFER AGREEMENT, dated as of December 2, 2004, 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, 2004-1, a Delaware limited liability company, as the trust depositor (together with its successor and assigns, the “Trust Depositor”).

TRUST AGREEMENT by and among ACAS BUSINESS LOAN LLC, 2004-1, as the Trust Depositor, WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION, as the Owner Trustee, and AMERICAN CAPITAL STRATEGIES, LTD., as the Servicer Dated as of November 22, 2004
Trust Agreement • December 8th, 2004 • American Capital Strategies LTD • Delaware

THIS TRUST AGREEMENT, dated as of November 22, 2004 (such agreement as amended, modified, supplemented, or restated from time to time, the “Agreement”), is among ACAS BUSINESS LOAN LLC, 2004-1, a Delaware limited liability company, as the Trust Depositor (together with its successors and assigns, the “Trust Depositor”), WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION, as the Owner Trustee (together with its successors and assigns, the “Owner Trustee”) and AMERICAN CAPITAL STRATEGIES, LTD., as the Servicer (together with its successors and assigns, the “Servicer”).

TRANSFER AND SERVICING AGREEMENT by and among ACAS BUSINESS LOAN TRUST 2004-1, as the Issuer, ACAS BUSINESS LOAN LLC, 2004-1, as the Trust Depositor, AMERICAN CAPITAL STRATEGIES, LTD., as the Originator and as the Servicer, and WELLS FARGO BANK,...
Transfer and Servicing Agreement • December 8th, 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);

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