SECOND AMENDED AND RESTATED STOCKHOLDER AGREEMENTStockholder Agreement • November 9th, 2016 • CM Finance Inc • Maryland
Contract Type FiledNovember 9th, 2016 Company JurisdictionTHIS SECOND AMENDED AND RESTATED STOCKHOLDER AGREEMENT is entered into as of November 7, 2016 (this “Agreement”), by and among CM Finance Inc, a Maryland corporation (the “Company”), CM Investment Partners LLC, a Delaware limited liability company (the “Adviser”), Stifel Venture Corp., a Missouri corporation (“Stifel”) and for purposes of Section 3 only, Stifel, Nicolaus & Company, Incorporated.
ContractSecurity Agreement • November 9th, 2016 • CM Finance Inc • New York
Contract Type FiledNovember 9th, 2016 Company JurisdictionSECURITY AGREEMENT dated as of November 9, 2016 (this Agreement) between CM Finance SPV LLC, a limited liability company formed under the laws of the State of Delaware (the Pledgor), and Citibank, N.A., a national banking association acting through its Agency & Trust Division, as security agent for the Secured Parties referred to below (in such capacity, the Security Agent).
COLLATERAL MANAGEMENT AGREEMENTCollateral Management Agreement • November 9th, 2016 • CM Finance Inc • New York
Contract Type FiledNovember 9th, 2016 Company JurisdictionThis Collateral Management Agreement (this “Agreement”) is made as of November 9, 2016, by and between CM Finance SPV LLC, a limited liability company formed under the laws of the State of Delaware (the “Borrower”), and CM Investment Partners, L.L.C. a Delaware limited liability company (the “Collateral Manager”).
ContractLoan Agreement • November 9th, 2016 • CM Finance Inc • New York
Contract Type FiledNovember 9th, 2016 Company JurisdictionLOAN AGREEMENT dated as of November 9, 2016 (this Agreement) between CM Finance SPV LLC, a limited liability company formed under the laws of the State of Delaware (the Borrower), the financial institutions and other lenders from time to time party hereto as “Lenders” (the Lenders) and Citibank, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent).
ACCOUNT CONTROL AGREEMENTAccount Control Agreement • November 9th, 2016 • CM Finance Inc • New York
Contract Type FiledNovember 9th, 2016 Company JurisdictionACCOUNT CONTROL AGREEMENT, dated as of November 9, 2016 (this Agreement), between CM Finance SPV LLC, a limited liability company formed under the laws of the State of Delaware (the Debtor), Citibank, N.A., a national banking association acting through its Agency & Trust Division, in its capacity as security agent for and on behalf of the Secured Parties (in such capacity, together with its successors in such capacity, the Security Agent) under the Security Agreement referred to below, Citibank, N.A., in its capacity as securities intermediary (the Intermediary), and Virtus Group, LP, a Texas limited partnership, in its capacity as collateral administrator (the Collateral Administrator, together with the Intermediary, the Collateral Parties).