0001193125-10-044363 Sample Contracts

FIRST AMENDMENT TO AMERICAN CAPITAL, LTD. LOCK UP AGREEMENT
Lock Up Agreement • March 1st, 2010 • American Capital, LTD • New York

This FIRST AMENDMENT, dated as of January 28, 2010 (this “First Amendment”), amends the Lock Up Agreement, dated as of November 20, 2009 (the “Lock Up”), by and among American Capital, Ltd., a Delaware corporation (the “Company”), and each of the creditors party thereto (the “Consenting Creditors”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Lock Up.

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AMERICAN CAPITAL, LTD. LOCK UP AGREEMENT
Lock Up Agreement • March 1st, 2010 • American Capital, LTD • New York

This LOCK UP AGREEMENT (this “Agreement”), dated as of November 20, 2009, is entered into by and among American Capital, Ltd., a Delaware corporation (the “Company”), and each of the undersigned creditors of the Company (each a “Consenting Creditor” and, collectively, the “Consenting Creditors”). The Consenting Creditors, the Company and any subsequent creditor of the Company that becomes a party hereto in accordance with the terms hereof (also, a “Consenting Creditor”) are referred to herein as the “Parties.”

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