SECOND SUPPLEMENTAL INDENTURE between AMERICAN CAPITAL, LTD. and WILMINGTON TRUST COMPANY, as Trustee Dated as of June 28, 2010Second Supplemental Indenture • August 6th, 2010 • American Capital, LTD • New York
THIS SECOND SUPPLEMENTAL INDENTURE (this “Second Supplemental Indenture”) is dated as of June 28, 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 June 28, 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...Collateral Trust and Intercreditor Agreement • August 6th, 2010 • American Capital, LTD • New York
This COLLATERAL TRUST AND INTERCREDITOR AGREEMENT, dated as of June 28, 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 as Collateral Trustee Dated as of June 28, 2010Security Agreement • August 6th, 2010 • American Capital, LTD • New York
SECURITY AGREEMENT, dated as of June 28, 2010, made by American Capital, Ltd., a Delaware corporation (the “Company”), the subsidiaries of the Company from time to time parties hereto (together with the Company and any other entity that may become a party hereto as provided herein the “Grantors”), in favor of U.S. Bank National Association, a national banking association, as Collateral Trustee (in such capacity, the “Collateral Trustee”) under the Collateral Trust and Intercreditor Agreement, dated as of June 28, 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 • August 6th, 2010 • American Capital, LTD • New York
AMENDED AND RESTATED CREDIT AGREEMENT, dated as of May 16, 2007, as amended and restated as of June 28, 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 Lenders (as defined below), 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”).
AMERICAN CAPITAL, LTD. LOCK UP AGREEMENT $550,000,000 6.85% Senior Notes due August 1, 2012Lock Up Agreement • August 6th, 2010 • American Capital, LTD • New York
This LOCK UP AGREEMENT (this “Agreement”), dated as of June 9, 2010, is entered into by and among American Capital, Ltd., a Delaware corporation (the “Company”), each of the undersigned creditors of the Company, and any other creditor of the Company that becomes a party hereto in accordance with the terms hereof (each a “Consenting Creditor” and, collectively, the “Consenting Creditors”). The Consenting Creditors and the Company are referred to herein as the “Parties.”
INDENTURE between AMERICAN CAPITAL, LTD. and WILMINGTON TRUST FSB as Trustee Dated as of June 28, 2010 Senior Secured Amortizing Adjustable Fixed Rate Dollar Notes due 2013 Senior Secured Non-Amortizing Call-Protected Adjustable Fixed Rate Dollar...Indenture • August 6th, 2010 • American Capital, LTD • New York
INDENTURE, dated as of June 28, 2010, between American Capital, Ltd., a Delaware corporation (the “Company”), having its principal office at 2 Bethesda Metro Center, 14th Floor, Bethesda, MD 20814, and Wilmington Trust FSB, as trustee (the “Trustee”).
FIRST SUPPLEMENTAL INDENTURE between AMERICAN CAPITAL STRATEGIES, LTD. and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee Dated as of July 19, 2007First Supplemental Indenture • August 6th, 2010 • American Capital, LTD • New York
THIS FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”) is dated as of July 19, 2007, between American Capital Strategies, Ltd., a Delaware corporation (the “Company”), and Wells Fargo Bank, National Association, as trustee (the “Trustee”). All capitalized terms used herein shall have the meaning set forth in the Base Indenture (as defined below).
