Gladstone Capital Corp Sample Contracts

Gladstone Capital Corp – AMENDMENT NO. 4 TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (March 12th, 2018)
Gladstone Capital Corp – Gladstone Capital Announces Amendment to its Revolving Credit Facility Increases Commitment, Extends Maturity and Improves Pricing (March 12th, 2018)

MCLEAN, VA, March 12, 2018 – Gladstone Capital Corporation (NASDAQ: GLAD) (the “Company”) today announced the amendment and extension of its syndicated credit facility led by KeyBank National Association (“KeyBank”), which includes a reduction in pricing, expansion of the total commitment and extension of the maturity date.

Gladstone Capital Corp – GLADSTONE CAPITAL CORPORATION ARTICLES SUPPLEMENTARY ESTABLISHING AND FIXING THE RIGHTS AND PREFERENCES OF TERM PREFERRED SHARES, 6.00% SERIES 2024 (September 21st, 2017)

Gladstone Capital Corporation, a Maryland corporation (the “Corporation”), hereby certifies to the State Department of Assessments and Taxation of Maryland (the “Department”) that:

Gladstone Capital Corp – GLADSTONE CAPITAL CORPORATION 1,800,000 Shares of Preferred Stock UNDERWRITING AGREEMENT (September 21st, 2017)

The Company has entered into an amended and restated investment advisory and management agreement, dated October 1, 2006 (as amended by Amendment No. 1 on October 13, 2015 and re-approved through August 31, 2018 by the board of directors of the Company on July 11, 2017, the “Investment Advisory Agreement”), with the Adviser. The Company has entered into an administration agreement, dated as of October 1, 2006 (the “Administration Agreement”), with the Administrator.

Gladstone Capital Corp – AMENDMENT NO. 3 TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (August 29th, 2017)
Gladstone Capital Corp – FOURTH AMENDMENT TO BYLAWS OF GLADSTONE CAPITAL CORPORATION (November 29th, 2016)

The following Amendment is hereby made to the Bylaws (the “Bylaws”) of Gladstone Capital Corporation, a Maryland corporation (the “Corporation”), as of November 29, 2016:

Gladstone Capital Corp – AMENDMENT NO. 1 TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (February 8th, 2016)
Gladstone Capital Corp – Amendment No. 1 to Amended and Restated Investment Advisory and Management Agreement Between Gladstone Capital Corporation and Gladstone Management Corporation (October 14th, 2015)

This Amendment No. 1 to that certain Amended and Restated Investment Advisory and Management Agreement (the “Agreement”) between Gladstone Capital Corporation, a Maryland corporation (the “Fund”) and Gladstone Management Corporation, a Delaware corporation (the “Adviser”), dated as of October 1, 2006 is made and entered into October 13, 2015.

Gladstone Capital Corp – JOINDER AGREEMENT (June 23rd, 2015)

Reference is made to the that certain Fifth Amended and Restated Credit Agreement dated as of May 1, 2015 by and among Gladstone Business Loan, LLC, Gladstone Management Corporation, as Servicer, the Lenders and Managing Agents parties thereto from time to time and KeyBank National Association, as Administrative Agent, (as amended, modified or restated from time to time, the “Credit Agreement”). Capitalized terms used and not otherwise defined herein are used with the meanings set forth or incorporated by reference in the Credit Agreement.

Gladstone Capital Corp – $140,000,000 FIFTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 1, 2015 Among GLADSTONE BUSINESS LOAN, LLC as the Borrower GLADSTONE MANAGEMENT CORPORATION as the Servicer THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO as Lenders THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO as Managing Agents and KEYBANK NATIONAL ASSOCIATION as the Administrative Agent (May 5th, 2015)
Gladstone Capital Corp – AMENDMENT NO. 7 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (November 20th, 2013)

THIS AMENDMENT NO. 7 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of September 12, 2013, is entered into among GLADSTONE BUSINESS LOAN, LLC, as Borrower (the “Borrower”), GLADSTONE MANAGEMENT CORPORATION, as Servicer (the “Servicer”), KEYBANK NATIONAL ASSOCIATION, BRANCH BANKING AND TRUST COMPANY (“BB&T”) and ING CAPITAL LLC (“ING”), as Lenders (collectively, the “Lenders”), KEY EQUIPMENT FINANCE INC. (“KEF”), BB&T and ING, as Managing Agents (in such capacity, collectively the “Managing Agents”) and KEF, as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the “Credit Agreement” referred to below.

Gladstone Capital Corp – Execution Version AMENDMENT NO. 2 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (November 20th, 2013)

THIS AMENDMENT NO. 2 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of May 10, 2011, is entered into among GLADSTONE BUSINESS LOAN, LLC, as Borrower (the “Borrower”), GLADSTONE MANAGEMENT CORPORATION, as Servicer (the “Servicer”), KEYBANK, NATIONAL ASSOCIATION, BRANCH BANKING AND TRUST COMPANY (“BB&T”) and ING CAPITAL LLC (“ING”), as Lenders (collectively, the “Lenders”), KEY EQUIPMENT FINANCE INC. (“KEF”), BB&T and ING, as Managing Agents (in such capacity, collectively the “Managing Agents”) and KEF, as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the “Credit Agreement” referred to below.

Gladstone Capital Corp – AMENDMENT NO. 6 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (April 30th, 2013)

THIS AMENDMENT NO. 6 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of April 26, 2013, is entered into among GLADSTONE BUSINESS LOAN, LLC, as Borrower (the “Borrower”), GLADSTONE MANAGEMENT CORPORATION, as Servicer (the “Servicer”), KEYBANK NATIONAL ASSOCIATION, BRANCH BANKING AND TRUST COMPANY (“BB&T”) and ING CAPITAL LLC (“ING”), as Lenders (collectively, the “Lenders”), KEY EQUIPMENT FINANCE INC. (“KEF”), BB&T and ING, as Managing Agents (in such capacity, collectively the “Managing Agents”) and KEF, as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the “Credit Agreement” referred to below.

Gladstone Capital Corp – AMENDMENT NO. 5 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (April 30th, 2013)

THIS AMENDMENT NO. 5 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of February 21, 2013, is entered into among GLADSTONE BUSINESS LOAN, LLC, as Borrower (the “Borrower”), GLADSTONE MANAGEMENT CORPORATION, as Servicer (the “Servicer”), KEYBANK NATIONAL ASSOCIATION, BRANCH BANKING AND TRUST COMPANY (“BB&T”) and ING CAPITAL LLC (“ING”), as Lenders (collectively, the “Lenders”), KEY EQUIPMENT FINANCE INC. (“KEF”), BB&T and ING, as Managing Agents (in such capacity, collectively the “Managing Agents”) and KEF, as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the “Credit Agreement” referred to below.

Gladstone Capital Corp – AMENDMENT NO. 4 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (January 29th, 2013)

THIS AMENDMENT NO. 4 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of January 29, 2013, is entered into among GLADSTONE BUSINESS LOAN, LLC, as Borrower (the “Borrower”), GLADSTONE MANAGEMENT CORPORATION, as Servicer (the “Servicer”), KEYBANK, NATIONAL ASSOCIATION, BRANCH BANKING AND TRUST COMPANY (“BB&T”) and ING CAPITAL LLC (“ING”), as Lenders (collectively, the “Lenders”), KEY EQUIPMENT FINANCE INC. (“KEF”), BB&T and ING, as Managing Agents (in such capacity, collectively the “Managing Agents”) and KEF, as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the “Credit Agreement” referred to below.

Gladstone Capital Corp – AMENDMENT NO. 3 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (January 24th, 2012)
Gladstone Capital Corp – CONSENT AND ACKNOWLEDGMENT TO INCREASE NO. 1 UNDER FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (August 10th, 2011)

THIS CONSENT AND ACKNOWLEDGMENT TO INCREASE NO. 1 UNDER FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Consent”) dated as of August 9, 2011, is entered into among GLADSTONE BUSINESS LOAN, LLC, as Borrower (the “Borrower”), GLADSTONE MANAGEMENT CORPORATION, as Servicer (the “Servicer”), KEYBANK, NATIONAL ASSOCIATION, BRANCH BANKING AND TRUST COMPANY (“BB&T”) and ING CAPITAL LLC (“ING”), as Lenders (collectively, the “Lenders”), KEY EQUIPMENT FINANCE INC. (“KEF”), BB&T and ING, as Managing Agents (in such capacity, collectively the “Managing Agents”) and KEF, as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the “Credit Agreement” referred to below.

Gladstone Capital Corp – THIRD AMENDMENT TO BYLAWS OF GLADSTONE CAPITAL CORPORATION (June 10th, 2011)

The following Amendment is hereby made to the Bylaws (the “Bylaws”) of Gladstone Capital Corporation, (the “Corporation”), as of June 8, 2011:

Gladstone Capital Corp – /C O R R E C T I O N -- Gladstone Capital Corporation/ (November 23rd, 2010)

In the news release, Gladstone Capital Corporation Reports Results for the Fourth Quarter and Fiscal Year Ended September 30, 2010, issued 22-Nov-2010 by Gladstone Capital Corporation over PR Newswire, we are advised by the company that in the table "CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS," under the 2010 column, "Other expenses" should be "361" rather than "-" as originally issued inadvertently. The complete, corrected release follows:

Gladstone Capital Corp – Gladstone Capital Corporation Reports Results for the Fourth Quarter and Fiscal Year Ended September 30, 2010 - Net Investment Income for the quarter and fiscal year ended September 30, 2010 was $4.4 million, or $0.21 per share, and $17.8 million, or $0.84 per share, respectively - Net Increase in Net Assets Resulting from Operations for the quarter and fiscal year ended September 30, 2010 was $3.8 million, or $0.18 per share, and $16.4 million, or $0.78 per share, respectively (November 23rd, 2010)

MCLEAN, Va., Nov. 22, 2010 /PRNewswire-FirstCall/ -- Gladstone Capital Corporation (Nasdaq: GLAD) (the "Company") today announced earnings both for the quarter and fiscal year ended September 30, 2010.  All per share references are per basic and diluted weighted average common shares outstanding, unless otherwise noted.

Gladstone Capital Corp – AMENDMENT NO. 1 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (November 22nd, 2010)

THIS AMENDMENT NO. 1 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of November 22, 2010, is entered into among GLADSTONE BUSINESS LOAN, LLC, as Borrower (the “Borrower”), GLADSTONE MANAGEMENT CORPORATION, as Servicer (the “Servicer”), KEYBANK, NATIONAL ASSOCIATION, BRANCH BANKING AND TRUST COMPANY (“BB&T”) and ING CAPITAL LLC (“ING”), as Lenders (collectively, the “Lenders”), KEY EQUIPMENT FINANCE INC. (“KEF”), BB&T and ING, as Managing Agents (in such capacity, collectively the “Managing Agents”) and KEF, as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the “Credit Agreement” referred to below.

Gladstone Capital Corp – Redemption Agreement (November 22nd, 2010)

This Redemption Agreement (the “Agreement”) is made and entered into as of September 7, 2010, by and between Gladstone Capital Corporation, a Maryland corporation (“Pledgee”), and David Gladstone (“Pledgor”) (each of Pledgee and Pledgor a “Party” and collectively, the “Parties”).

Gladstone Capital Corp – Gladstone Capital Corporation Reports Results for the Third Quarter Ended June 30, 2010 (August 9th, 2010)

Net Investment Income was $4.4 million or $0.21 per common share Net Decrease in Net Assets Resulting from Operations was $1.7 million or $0.08 per common share

Gladstone Capital Corp – $127,000,000 FOURTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of March 15, 2010 Among GLADSTONE BUSINESS LOAN, LLC as the Borrower GLADSTONE MANAGEMENT CORPORATION as the Servicer THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO as Lenders THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO as Managing Agents and KEY EQUIPMENT FINANCE INC. as the Administrative Agent (March 16th, 2010)
Gladstone Capital Corp – Gladstone Capital Corporation Reports Results for the First Quarter Ended December 31, 2009 (February 1st, 2010)

Net Investment Income was $4.4 million or $0.21 per common share Net Increase in Net Assets Resulting from Operations was $6.3 million or $0.30 per common share

Gladstone Capital Corp – $127,000,000 THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 15, 2009 Among GLADSTONE BUSINESS LOAN, LLC as the Borrower GLADSTONE MANAGEMENT CORPORATION as the Servicer THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO as Committed Lenders THE COMMERCIAL PAPER LENDERS FROM TIME TO TIME PARTY HERETO as CP Lenders THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO as Managing Agents and KEY EQUIPMENT FINANCE INC. as the Administrative Agent (May 19th, 2009)
Gladstone Capital Corp – Gladstone Capital Corporation Reports Results for the Second Quarter Ended March 31, 2009 (May 5th, 2009)

Net Investment Income Was $5.6 Million or $0.26 per Common Share Net Increase in Net Assets Resulting from Operations Was $10.3 Million or $0.48 per Common Share

Gladstone Capital Corp – Gladstone Capital Corporation Reports Results for the First Quarter Ended December 31, 2008 (February 3rd, 2009)

Net Investment Income was $5.9 million or $0.28 per common share Net Decrease in Net Assets Resulting from Operations was ($9.1) million or ($0.43) per common share

Gladstone Capital Corp – Gladstone Capital Corporation Reports Results for the Fourth Quarter and Fiscal Year Ended September 30, 2008 (December 2nd, 2008)

Net Investment Income for the quarter ended September 30, 2008 was $6.1 million or $0.29 per common share Net Investment Income for the fiscal year ended September 30, 2008 was $26.6 million or $1.35 per common share

Gladstone Capital Corp – Gladstone Capital Corporation Reports Results for the Third Quarter Ended June 30, 2008 (August 4th, 2008)

MCLEAN, Va.--(BUSINESS WIRE)--Gladstone Capital Corp. (NASDAQ:GLAD) (the “Company”) today announced earnings for the third quarter ended June 30, 2008. All per share references are per basic and diluted weighted average common shares outstanding, unless otherwise noted.

Gladstone Capital Corp – SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 6, 2008 Among GLADSTONE BUSINESS LOAN, LLC (June 9th, 2008)
Gladstone Capital Corp – AMENDMENT NO. 7 TO AMENDED AND RESTATED CREDIT AGREEMENT (May 23rd, 2008)

THIS AMENDMENT NO. 7 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of May 23, 2008, is entered into among GLADSTONE BUSINESS LOAN, LLC, (the “Borrower”), TAHOE FUNDING CORP., as CP Lender, RELATIONSHIP FUNDING COMPANY, LLC, as CP Lender, DEUTSCHE BANK AG, NEW YORK BRANCH (“Deutsche Bank”), KEYBANK, NATIONAL ASSOCIATION (“KeyBank”) and BRANCH BANKING AND TRUST COMPANY (“BB&T”), as Committed Lenders (collectively, the “Committed Lenders”), Deutsche Bank, KeyBank and BB&T as Managing Agents (in such capacity, collectively the “Managing Agents”) and Deutsche Bank as Administrative Agent (in such capacity, the “Administrative Agent”).  Capitalized terms used herein without definition shall have the meanings ascribed thereto in the “Credit Agreement” referred to below.

Gladstone Capital Corp – Gladstone Capital Reports Results for the Second Quarter Ended March 31, 2008 (May 6th, 2008)

MCLEAN, Va.--(BUSINESS WIRE)--Gladstone Capital Corp. (NASDAQ: GLAD) (the “Company”) today announced earnings for the second quarter ended March 31, 2008. All per share references are per basic and diluted weighted average common shares outstanding, unless otherwise noted.

Gladstone Capital Corp – JOINDER AGREEMENT (April 25th, 2008)

Reference is made to the that certain Amended and Restated Credit Agreement, dated as of May 26, 2006, among Gladstone Business Loan, LLC, Gladstone Management Corporation, as Servicer, the CP Lenders, the Committed Lenders, the Managing Agents and the Administrative Agent (as amended, modified or supplemented from time to time, the “Credit Agreement”). Capitalized terms used and not otherwise defined herein are used with the meanings set forth or incorporated by reference in the Credit Agreement.

Gladstone Capital Corp – AMENDMENT NO. 6 TO AMENDED AND RESTATED CREDIT AGREEMENT (April 25th, 2008)

THIS AMENDMENT NO. 6 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of April 24, 2008, is entered into among GLADSTONE BUSINESS LOAN, LLC, (the “Borrower”), TAHOE FUNDING CORP., as CP Lender, RELATIONSHIP FUNDING COMPANY, LLC, as CP Lender, DEUTSCHE BANK AG, NEW YORK BRANCH (“Deutsche Bank”), KEYBANK, NATIONAL ASSOCIATION (“KeyBank”) and BRANCH BANKING AND TRUST COMPANY (“BB&T”), as Committed Lenders (collectively, the “Committed Lenders”), Deutsche Bank, KeyBank and BB&T as Managing Agents (in such capacity, collectively the “Managing Agents”) and Deutsche Bank as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used herein without definition shall have the meanings ascribed thereto in the “Credit Agreement” referred to below.