Form of Underwriting Agreement Dated , 200Underwriting Agreement • August 19th, 2009 • American Capital, LTD • New York
Introductory. American Capital, Ltd., a Delaware corporation (the “Company”), [and [Underwriter(s)], each of them acting either as a principal or as an agent for one of its affiliates (collectively, the “Forward Sellers”)], at the request of the Company [in connection with the “Forward Agreements” (as defined below) attached hereto as Exhibit A,] confirm their respective agreements with the Representatives (as defined below) and each of the other Underwriters named in Schedule A attached hereto and made a part hereof (collectively, the “Underwriters”) with respect to (a) the sale by the Company [and the Forward Sellers (including the possible issuance and sale by the Company of Common Stock (as defined below) to the Underwriters pursuant to Section 12(a) hereof),] and purchase by the Underwriters, acting severally and not jointly, of their respective portions of shares of Common Stock, [including the Borrowed Shares (as defined below)] (the “Firm Shares”) and all or any part of additio
FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • August 19th, 2009 • American Capital, LTD • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVER (this “Amendment”), dated as of December 7, 2007, is by and among AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (the “Borrower”), each of the banks and other financial institutions identified as Lenders on the signature pages hereto (the “Lenders”) and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders (in such capacity, the “Administrative Agent” or the “Agent”).
Form of Underwriting AgreementUnderwriting Agreement • August 19th, 2009 • American Capital, LTD • New York
The Securities will be issued pursuant to an Indenture dated as of , 2009, by and between the Company, as issuer, and [ ], as trustee (the “Trustee”), as supplemented by a Supplemental Indenture thereto to be dated as of · (collectively, the “Indenture”).
