CREDIT AGREEMENTCredit Agreement • December 20th, 2013 • American Capital Senior Floating, Ltd. • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of December 18, 2013, among ACSF Funding I, LLC, a Delaware limited liability company (the “Company” or the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”) and BANK OF AMERICA, N.A., as Administrative Agent.
MANAGEMENT AGREEMENTManagement Agreement • December 20th, 2013 • American Capital Senior Floating, Ltd. • New York
This Management Agreement (this “Agreement”), dated as of ___________, 2014 (the “Execution Date”), is by and between American Capital Senior Floating, Ltd., a Maryland corporation (the “Company”), and American Capital ACSF Management, LLC, a Delaware limited liability company (the “Manager”).
SECURITY AGREEMENT BySecurity Agreement • December 20th, 2013 • American Capital Senior Floating, Ltd.
SALE AGREEMENTSale Agreement • December 20th, 2013 • American Capital Senior Floating, Ltd. • New York
This Sale Agreement, dated as of December 18, 2013 (this “Agreement”), is among American Capital Senior Floating, Ltd. (the “Assignor”) and ACSF Funding I, LLC (the “Assignee”) (each a “Party” and together the “Parties”).
LICENSE AGREEMENTLicense Agreement • December 20th, 2013 • American Capital Senior Floating, Ltd. • Maryland
THIS LICENSE AGREEMENT (this “Agreement”) is effective as of November 25, 2013 (the “Effective Date”) by and between American Capital, Ltd., a Delaware Corporation having its principal offices at 2 Bethesda Metro Center, 14th Floor, Bethesda, MD 20814 (“Licensor” or “ACAS”) and American Capital Senior Floating, Ltd., a Maryland corporation having its principal offices at 2 Bethesda Metro Center, 14th Floor, Bethesda, MD 20814 (“Licensee”) (each a “Party” and collectively the “Parties”).
Investment Advisory AgreementInvestment Advisory Agreement • December 20th, 2013 • American Capital Senior Floating, Ltd. • New York
This Investment Advisory Agreement (this “Agreement”), dated as of December 18, 2013, is entered into by and between ACSF Funding I, LLC, a Delaware limited liability company (together with successors and assigns permitted hereunder, the “Company”), and American Capital ACSF Management, LLC, a Delaware limited liability company, as investment adviser (in such capacity, and, as applicable, including any successor appointed in accordance with the terms of this Agreement, the “Investment Adviser”), and for the limited purpose described in Section 22, American Capital Asset Management, LLC (the “Investment Adviser Parent”).
CONTRIBUTION AGREEMENTContribution Agreement • December 20th, 2013 • American Capital Senior Floating, Ltd. • Delaware
THIS CONTRIBUTION AGREEMENT (this “Agreement”) is made as of this 14th day of November, 2013, by and between AMERICAN CAPITAL, LTD., a Delaware corporation (the “Company”), and AMERICAN CAPITAL ASSET MANAGEMENT, LLC, a Delaware limited liability company (“ACAM”, and together with the Company, the “Parties”).
CREDIT AGREEMENT by and among AMERICAN CAPITAL SENIOR FLOATING, LTD. as the Borrower, AMERICAN CAPITAL ASSET MANAGEMENT, LLC, as Agent, and THE LENDERS IDENTIFIED ON ANNEX A HERETOCredit Agreement • December 20th, 2013 • American Capital Senior Floating, Ltd. • Maryland
THIS CREDIT AGREEMENT (this “Agreement”), dated as of October 15, 2013, is by and among American Capital Senior Floating, Ltd., a Maryland corporation (the “Borrower”), the lenders that are now and hereafter at any time parties hereto and are listed in Annex A (or any amendment or supplement thereto, which Annex A will be deemed amended upon the consummation of any assignment consummated in accordance with the terms hereof) attached hereto (each a “Lender” and collectively, the “Lenders”), and American Capital Asset Management, LLC, a Delaware limited liability company (“ACAM”), as administrative agent for the Lenders (in such capacity, “Agent”). Capitalized terms used and not defined elsewhere in this Agreement are defined in Article I hereof.
CUSTODIAL AGREEMENTCustodial Agreement • December 20th, 2013 • American Capital Senior Floating, Ltd. • New York
THIS CUSTODIAL AGREEMENT (the “Agreement”), dated as of November 13, 2013, by and between AMERICAN CAPITAL SENIOR FLOATING, LTD., a Maryland corporation (the “Company ”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, not in its individual capacity but solely as custodian (the “Custodian”).
