SECOND SUPPLEMENTAL INDENTURE between AMERICAN CAPITAL, LTD. and WILMINGTON TRUST COMPANY, as Trustee Dated as of [ ], 2010Second Supplemental Indenture • May 3rd, 2010 • American Capital, LTD • New York
THIS SECOND SUPPLEMENTAL INDENTURE (this “Second Supplemental Indenture”) is dated as of [ ], 2010, between American Capital, Ltd., formerly known as American Capital Strategies, Ltd., a Delaware corporation (the “Company”), and Wilmington Trust Company, a Delaware banking corporation, as successor trustee (the “Trustee”). All capitalized terms used herein shall have the meaning set forth in the Base Indenture (as defined below).
COLLATERAL TRUST AND INTERCREDITOR AGREEMENT Dated as of , 2010 among AMERICAN CAPITAL, LTD., CERTAIN OF ITS SUBSIDIARIES PARTIES HERETO, WELLS FARGO BANK, N.A., as Credit Agreement Representative WILMINGTON TRUST FSB, as Public Note Representative...Collateral Trust and Intercreditor Agreement • May 3rd, 2010 • American Capital, LTD • New York
This COLLATERAL TRUST AND INTERCREDITOR AGREEMENT, dated as of , 2010 (this “Agreement”), among American Capital, Ltd., a Delaware corporation (the “Company”), the subsidiaries of the Company from time to time parties hereto (together with the Company, the “Grantors”), Wells Fargo Bank, N.A., as Credit Agreement Representative, Wilmington Trust FSB, as Public Note Representative and U.S. Bank National Association, as collateral trustee (the “Collateral Trustee”).
SECURITY AGREEMENT made by AMERICAN CAPITAL, LTD. and certain of its Subsidiaries in favor of US BANK, NATIONAL ASSOCIATION, as Collateral Trustee Dated as of , 2010Security Agreement • May 3rd, 2010 • American Capital, LTD • New York
This GRANT OF SECURITY INTEREST IN [TRADEMARK/ PATENT/ COPYRIGHT] RIGHTS (“Agreement”), effective as of , 20 is made by [Grantor], a [state] [form of entity], located at [address] (the “Grantor”), in favor of [ ], [a ], as Collateral Trustee (in such capacity, the “Collateral Trustee”) under the Collateral Trust and Intercreditor Agreement, dated as of [ ], 2010 (as amended, supplemented or otherwise modified from time to time, the “Collateral Trust Agreement”), among the Grantors, the Primary Holder Representatives (as defined therein) and the Collateral Trustee.
AMENDED AND RESTATED CREDIT AGREEMENT among AMERICAN CAPITAL, LTD., as the Borrower, THE LENDERS LISTED HEREIN, WELLS FARGO BANK, N.A., as the Administrative Agent, WELLS FARGO SECURITIES, LLC, as Sole Bookrunner and as Joint Lead Arranger, J.P....Credit Agreement • May 3rd, 2010 • American Capital, LTD • New York
AMENDED AND RESTATED CREDIT AGREEMENT, dated as of May 16, 2007, as amended and restated as of , 2010 (as further amended, restated, modified or supplemented from time to time, this “Agreement”), among AMERICAN CAPITAL, LTD., a Delaware corporation (the “Borrower”), the Subsidiary Guarantors party hereto from time to time, the several banks and other financial institutions from time to time parties to this Agreement (collectively, the “Lenders” and, individually, a “Lender”), and WELLS FARGO BANK, N.A. (f/k/a/ Wachovia Bank, National Association), a national banking association, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent” or the “Agent”).
April 30, 2010American Capital, LTD • May 3rd, 2010
