INDENTURE by and between ACAS BUSINESS LOAN TRUST 2006-1, 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 July 28, 2006Indenture • November 9th, 2006 • American Capital Strategies LTD • New York
THIS INDENTURE, dated as of July 28, 2006 (as amended, modified, restated, replaced, substituted, supplemented, waived or extended from time to time, the “Indenture”), is by and between ACAS BUSINESS LOAN TRUST 2006-1, 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”).
ACAS TRANSFER AGREEMENT between AMERICAN CAPITAL STRATEGIES, LTD., as the Originator, and ACAS BUSINESS LOAN LLC, 2006-1, as the Trust Depositor Dated as of July 28, 2006Acas Transfer Agreement • November 9th, 2006 • American Capital Strategies LTD • New York
THIS ACAS TRANSFER AGREEMENT, dated as of July 28, 2006, 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, 2006-1, 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, 2006-1, as the Trust Depositor, M&T TRUST COMPANY OF DELAWARE, as the Owner Trustee, Certificate Registrar, and Paying Agent, and AMERICAN CAPITAL STRATEGIES, LTD., as the...Trust Agreement • November 9th, 2006 • American Capital Strategies LTD • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of July 28, 2006 (such agreement as amended, modified, supplemented, or restated from time to time, the “Agreement”), is among ACAS BUSINESS LOAN LLC, 2006-1, a Delaware limited liability company, as the Trust Depositor (together with its successors and assigns, the “Trust Depositor”), M&T TRUST COMPANY OF DELAWARE, 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 July 11, 2006 (the “Original Trust Agreement”), between the parties hereto.
TRANSFER AND SERVICING AGREEMENT by and among ACAS BUSINESS LOAN TRUST 2006-1, as the Issuer, ACAS BUSINESS LOAN LLC, 2006-1, 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, 2006 • 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 THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (ACS Funding Trust I)Loan Funding and Servicing Agreement • November 9th, 2006 • American Capital Strategies LTD • New York
THIS AMENDMENT NO. 2 TO THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of August 7, 2006 (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 COMPANY LLC, as a conduit lender (in such capacity, a “Conduit Lender”), WACHOVIA CAPITAL MARKETS, LLC, as the deal agent (in such capacity, the “Deal Agent”), WACHOVIA BANK, NATIONAL ASSOCIATION, as an institutional lender (in such capacity, an “Institutional Lender”), as the swingline lender (in such capacity, the “Swingline Lender”) and as a hedge counterparty (in such capacity, a “Hedge Counterparty”), JPMORGAN CHASE BANK, N.A. (“JPMorgan Chase Bank”), as an institutional lender (in such capacity, an “Institutional Lender”) and as a hedge counterparty (in such capacity, a “Hedge Counterparty”), CITIGROUP GLOBAL MARKETS REALTY CORP., as an
