ADMINISTRATION AGREEMENT BETWEEN ONEX FALCON DIRECT LENDING BDC FUND AND ONEX FALCON INVESTMENT ADVISORS, LLCAdministration Agreement • September 17th, 2021 • Onex Falcon Direct Lending BDC Fund • New York
This Agreement (“Agreement”) is made as of September 16, 2021 by and between Onex Falcon Direct Lending BDC Fund, a Delaware statutory trust (the “Fund”), and Onex Falcon Investment Advisors, LLC, a Delaware limited liability company (the “Administrator”).
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • September 17th, 2021 • Onex Falcon Direct Lending BDC Fund • New York
THIS AGREEMENT is made and entered into as of the last date on the signature page, by and among ONEX FALCON DIRECT LENDING BDC FUND, a Delaware Statutory Trust (the “Fund”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. Bank Global Fund Services, a Wisconsin limited liability company (“USBFS”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • September 17th, 2021 • Onex Falcon Direct Lending BDC Fund • New York
This Investment Advisory Agreement, dated and effective as of September 16, 2021, is made by and between Onex Falcon Direct Lending BDC Fund, a Delaware statutory trust (herein referred to as the “Fund”) and Onex Falcon Investment Advisors, LLC, a Delaware limited liability company (herein referred to as the “Adviser”) (this “Agreement”).
SUB-ADMINISTRATION SERVICING AGREEMENTSub-Administration Servicing Agreement • September 17th, 2021 • Onex Falcon Direct Lending BDC Fund • New York
THIS AGREEMENT is made and entered into as of the last date written on the signature block, by and between ONEX Falcon Direct Lending BDC Fund, a Delaware Statutory Trust (the “Fund”), ONEX FALCON INVESTMENT ADVISORS, LLC, a Delaware limited liability company, (the “Administrator”), and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U.S. Bank Global Fund Services, a Wisconsin limited liability company (“USBFS”).
ONEX FALCON DIRECT LENDING BDC FUND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST Dated as of September 15, 2021Agreement and Declaration of Trust • September 17th, 2021 • Onex Falcon Direct Lending BDC Fund
AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made as of the 15th day of September 2021, by the Board of Trustees hereunder and Delaware Trust Company, as Delaware trustee.
FORWARD PURCHASE AGREEMENTForward Purchase Agreement • September 17th, 2021 • Onex Falcon Direct Lending BDC Fund • New York
This Forward Purchase Agreement (this “Agreement”) is made and entered into as of this 15th day of September, 2021 by and between Onex Credit Finance II Corporation, a Delaware corporation (“Seller”) and Onex Falcon Direct Lending BDC Fund, a Delaware statutory trust that intends to elect to be regulated as a business development company (“Buyer”). (Buyer and Seller may be referred to individually herein as a “Party” and collectively as the “Parties”).
LICENSE AGREEMENTLicense Agreement • September 17th, 2021 • Onex Falcon Direct Lending BDC Fund • New York
This LICENSE AGREEMENT (this “Agreement”) is made and effective as of September 16, 2021 (the “Effective Date”) by and between Onex Corporation (the “Licensor”), the ultimate parent company of Onex Falcon Investment Advisors, LLC, and Onex Falcon Direct Lending BDC Fund (the “Licensee”) (each a “party,” and collectively, the “parties”).
EXPENSE SUPPORT AND CONDITIONAL REIMBURSEMENT AGREEMENTExpense Support and Conditional Reimbursement Agreement • September 17th, 2021 • Onex Falcon Direct Lending BDC Fund • New York
This Expense Support and Conditional Reimbursement Agreement (the “Agreement”) is made this 16th day of September, 2021, by and between ONEX FALCON DIRECT LENDING BDC FUND, a Delaware statutory trust (the “Fund”), and ONEX FALCON INVESTMENT ADVISORS, LLC, a Delaware limited liability company (the “Adviser”).
CUSTODIAL AGREEMENT dated as of September 16, 2021 by and between ONEX FALCON DIRECT LENDING BDC FUND (“Fund”) and (“Custodian”)Custodial Agreement • September 17th, 2021 • Onex Falcon Direct Lending BDC Fund • New York
THIS CUSTODIAL AGREEMENT (this “Agreement”) is dated as of September 16, 2021 and is by and between ONEX FALCON DIRECT LENDING BDC FUND, a Delaware Statutory Trust (together with its successors and permitted assigns, the “Fund”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as custodian (in its capacity as custodian under this Agreement, or any successor or permitted assign acting in such capacity, the “Custodian”).
