Up to U.S.$200,000,000 LOAN AND SERVICING AGREEMENT Dated as of September 16, 2011 Among FIFTH STREET FUNDING II, LLC, as the Borrower FIFTH STREET FINANCE CORP., as the Servicer and as the Transferor SUMITOMO MITSUI BANKING CORPORATION, as the...Loan and Servicing Agreement • November 29th, 2011 • Fifth Street Finance Corp
The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances under the Variable Funding Note(s) from time to time in an aggregate principal amount not to exceed the Borrowing Base. The proceeds of the Advances will be used (a) to finance the Borrower’s purchase, on a “true sale” basis, of Eligible Loan Assets from the Transferor, approved by the Administrative Agent, pursuant to the Purchase and Sale Agreement between the Borrower and the Transferor, (b) to fund the Unfunded Exposure Account and (c) to distribute such proceeds to the Borrower’s parent. Accordingly, the parties agree as follows:
PURCHASE AND SALE AGREEMENT by and between FIFTH STREET FUNDING II, LLC, as the Purchaser and FIFTH STREET FINANCE CORP., as the Seller Dated as of September 16, 2011Purchase and Sale Agreement • November 29th, 2011 • Fifth Street Finance Corp
THIS PURCHASE AND SALE AGREEMENT, dated as of September 16, 2011, by and between FIFTH STREET FINANCE CORP., a Delaware corporation, as the seller (the “Seller”) and FIFTH STREET FUNDING II, LLC, a Delaware limited liability company, as the purchaser (the “Purchaser”).
WAIVER LETTERWaiver Letter • November 29th, 2011 • Fifth Street Finance Corp • New York
WAIVER LETTER, dated as of August 3, 2011 (this “Waiver”), with respect to the Amended and Restated Senior Secured Revolving Credit Agreement, dated as of February 22, 2011 (as amended, the “Credit Agreement”), among FIFTH STREET FINANCE CORP., a Delaware corporation (the “Borrower”), FSFC Holdings, Inc., a Delaware corporation (“FSFC”), Fifth Street Fund of Funds LLC, a Delaware limited liability company (“Fifth Street”; collectively with FSFC, the “Subsidiary Guarantors”), the lenders from time to time parties thereto (the “Lenders”) and ING Capital LLC, as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders under the Credit Agreement.
AMENDMENT NO. 2 TO AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENTSenior Secured Revolving Credit Agreement • November 29th, 2011 • Fifth Street Finance Corp • New York
This AMENDMENT NO. 2 with respect to the Amended and Restated Senior Secured Revolving Credit Agreement, dated as of February 22, 2011 (as amended by that certain Amendment No. 1 to Amended and Restated Senior Secured Revolving Credit Agreement dated as of July 8, 2011, that certain Incremental Assumption Agreement, dated as of July 8, 2011, that certain Waiver Letter, dated as of August 3, 2011 and as further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), is made as of November 29, 2011, among FIFTH STREET FINANCE CORP., a Delaware corporation (the “Borrower”), FSFC Holdings, Inc., a Delaware corporation (“FSFC”), Fifth Street Fund of Funds LLC, a Delaware limited liability company (“Fifth Street”; collectively with FSFC, the “Subsidiary Guarantors”), the Lenders party hereto (the “Lenders”), and ING CAPITAL LLC, as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders under the Credit Agreement and as co
