ACCOUNT CONTROL AGREEMENTAccount Control Agreement • October 5th, 2010 • OFS Capital, LLC • New York
This Account Control Agreement, dated as of September 28, 2010 (as amended, supplemented and otherwise modified from time to time, this “Agreement”), is by and among OFS CAPITAL WM, LLC (the “Borrower”), WELLS FARGO DELAWARE TRUST COMPANY, N.A. (the “Trustee”), WELLS FARGO SECURITIES, LLC (the “Administrative Agent”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Securities Intermediary (the “Bank” or the “Securities Intermediary”).
135,000,000 Class A Advances $45,000,000 Class B Advances LOAN AND SECURITY AGREEMENT by and among MCF CAPITAL MANAGEMENT LLC, (Loan Manager) OFS CAPITAL WM, LLC, (Borrower) EACH OF THE CLASS A LENDERS FROM TIME TO TIME PARTY HERETO, (Class A Lenders)...Loan and Security Agreement • October 5th, 2010 • OFS Capital, LLC • New York
THIS LOAN AND SECURITY AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, this “Agreement”) is made as of September 28, 2010, by and among:
PARTICIPATION AGREEMENTParticipation Agreement • October 5th, 2010 • OFS Capital, LLC • New York
PARTICIPATION AGREEMENT dated as of September 28, 2010 (together with any amendments or modifications from time to time hereto, this “Agreement”), by and between OFS Funding, LLC, a Delaware limited liability company (“Grantor”), and OFS Capital, LLC, a Delaware limited liability company (together with its successors and assigns, “Participant”). Capitalized terms used but not defined herein shall have the meaning set forth with respect thereto in the Loan and Security Agreement, dated as of September 28, 2010 (together with all amendments, modifications and supplements from time to time thereto, the “Loan Agreement”), by and among OFS Capital WM, LLC (the “Borrower”), MCF Capital Management LLC (the “Loan Manager”), Wells Fargo Securities, LLC (the “Administrative Agent”), Wells Fargo Delaware Trust Company, N.A., as trustee (the “Trustee”) and the Lenders from time to time party thereto.
PLEDGE AGREEMENTPledge Agreement • October 5th, 2010 • OFS Capital, LLC • New York
PLEDGE AGREEMENT (as may be amended, supplemented, or otherwise modified from time to time, this “Agreement”) dated as of September 28, 2010 made by OFS CAPITAL, LLC, a Delaware limited liability company (the “Pledgor”), OFS CAPITAL WM, LLC (the “Borrower”) and OFS FUNDING, LLC ( “OFS Funding” and, together with the Borrower, the “OFS Companies”) in favor of WELLS FARGO DELAWARE TRUST COMPANY, N.A., as Trustee (in such capacity, the “Trustee”), for the benefit of the Secured Parties (as defined in the Loan Agreement referred to below).
LOAN SALE AGREEMENT by and between OFS CAPITAL, LLC, as the Seller, and OFS CAPITAL WM, LLC, as the Purchaser Dated as of September 28, 2010Loan Sale Agreement • October 5th, 2010 • OFS Capital, LLC • New York
THIS LOAN SALE AGREEMENT, dated as of September 28, 2010 (as amended, modified, restated, or supplemented from time to time, this “Agreement”), is made by and between OFS CAPITAL, LLC, a Delaware limited liability company (together with its successors and assigns in such capacity, the “Seller”), and OFS CAPITAL WM, LLC, a Delaware limited liability company (together with its successors and assigns in such capacity, the “Purchaser”).
