INDENTURE by and between ACAS BUSINESS LOAN TRUST 2005-1, 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 October 4, 2005Indenture • November 9th, 2005 • American Capital Strategies LTD • New York
THIS INDENTURE, dated as of October 4, 2005 (as amended, modified, restated, replaced, substituted, supplemented, waived or extended from time to time, the “Indenture”), is by and between ACAS BUSINESS LOAN TRUST 2005-1, 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”).
LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF ACAS BUSINESS LOAN LLC, 2005-1Limited Liability Company Operating Agreement • November 9th, 2005 • American Capital Strategies LTD • Delaware
ACAS TRANSFER AGREEMENT between AMERICAN CAPITAL STRATEGIES, LTD., as the Originator, and ACAS BUSINESS LOAN LLC, 2005-1, as the Trust Depositor Dated as of October 4, 2005Acas Transfer Agreement • November 9th, 2005 • American Capital Strategies LTD • New York
THIS ACAS TRANSFER AGREEMENT, dated as of October 4, 2005, 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, 2005-1, a Delaware limited liability company, as the trust depositor (together with its successor and assigns, the “Trust Depositor”).
AMENDED AND RESTATED TRUST AGREEMENT by and among ACAS BUSINESS LOAN LLC, 2005-1, 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 October...Trust Agreement • November 9th, 2005 • American Capital Strategies LTD • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 4, 2005 (such agreement as amended, modified, supplemented, or restated from time to time, the “Agreement”), is among ACAS BUSINESS LOAN LLC, 2005-1, 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”) and amends and restates in its entirety the Trust Agreement, dated as of September 21, 2005 (the “Original Trust Agreement”), between the parties hereto.
TRANSFER AND SERVICING AGREEMENT by and among ACAS BUSINESS LOAN TRUST 2005-1, as the Issuer, ACAS BUSINESS LOAN LLC, 2005-1, as the Trust Depositor, AMERICAN CAPITAL STRATEGIES, LTD., as the Originator and as the Servicer, and WELLS FARGO BANK,...Transfer and Servicing Agreement • November 9th, 2005 • 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);
CLASS A-2A NOTE PURCHASE AGREEMENTNote Purchase Agreement • November 9th, 2005 • American Capital Strategies LTD • New York
CLASS A-2A NOTE PURCHASE AGREEMENT (as amended, restated, supplemented or modified from time to time, this “Agreement”), dated as of October 4, 2005, among:
REVOLVING NOTERevolving Note • November 9th, 2005 • American Capital Strategies LTD
This Revolving Note is one of the Revolving Notes issued pursuant to that certain Credit Agreement dated as of June 17, 2005, by and among Borrower, Administrative Agent, Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto, and as from time to time amended, restated, supplemented or otherwise modified, the “Credit Agreement”), and is entitled to the benefit and security of the Credit Agreement and all of the other Credit Documents referred to therein. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Revolving Loan evidenced hereby is made and is to be repaid. The date and amount of each Revolving Loan made by Lenders to Borrower, the rates of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Administrative Agent on its books; provided that the failure of Administrative Agent to make an
AMENDMENT NO. 1 TO TRANSFER AND SERVICING AGREEMENTTransfer and Servicing Agreement • November 9th, 2005 • American Capital Strategies LTD • New York
THIS AMENDMENT NO. 1 TO TRANSFER AND SERVICING AGREEMENT (this “Amendment”) is made as of September 22, 2005, by and among ACAS BUSINESS LOAN TRUST 2004-1, a Delaware statutory trust, as the issuer (together with its successors and assigns in such capacity, the “Issuer”), ACAS BUSINESS LOAN LLC, 2004-1, a Delaware limited liability company, as the trust depositor (together with its successors and assigns in such capacity, the “Trust Depositor”), AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (together with its successors and assigns, “ACAS”), as the originator (together with its wholly-owned subsidiaries, successors and assigns in such capacity, the “Originator”) and as the servicer (together with its successors and assigns, in such capacity, the “Servicer”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns “Wells Fargo”), not in its individual capacity but as the indenture trustee (together with its successo
JOINDER SUPPLEMENTAmerican Capital Strategies LTD • November 9th, 2005
WHEREAS, this Joinder Supplement is being executed and delivered under Section 2.2(b)(ii) of the Credit Agreement, dated as of June 17, 2005 (as amended, modified, waived, supplemented or restated from time to time, the “Agreement”), by and among the Borrower, the several banks and other financial institutions from time to time parties thereto (collectively, the “Lenders” and individually, a “Lender”), the Administrative Agent, as administrative agent, swingline lender and issuing lender, and Branch Banking and Trust company as issuing lender; and
AMENDED, RESTATED AND SUBSTITUTED SWINGLINE NOTEAmerican Capital Strategies LTD • November 9th, 2005
This Amended, Restated and Substituted Swingline Note (“Swingline Note” or “Note”) is issued pursuant to that certain Credit Agreement dated as of June 17, 2005 by and among Borrower, Administrative Agent, Swingline Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified, the “Credit Agreement”), and is entitled to the benefit and security of the Credit Agreement and all of the other Credit Documents. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Swingline Loan evidenced hereby is made and is to be repaid. The date and amount of each Swingline Loan made by Swingline Lender to Borrower, the rate of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Administrative Agent on its books; provided that the failure of
