Ares Capital Corp Sample Contracts
ARES CAPITAL CORPORATION AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of January 27, 2017 3.75% Convertible Notes due 2022Indenture • January 27th, 2017 • Ares Capital Corp • New York
INDENTURE dated as of January 27, 2017 between ARES CAPITAL CORPORATION, a Maryland corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
INDEMNIFICATION AGREEMENTIndemnification Agreement • April 26th, 2013 • Ares Capital Corp • Maryland
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into effective as of ___________, 20__ (the “Effective Date”), by and between Ares Capital Corporation, a Maryland corporation (the “Company”), and _________________________ (“Indemnitee”).
SIXTH AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of April 18, 2016 between ARES CAPITAL CORPORATION The LENDERS Party Hereto and JPMORGAN CHASE BANK, N.A. as Administrative Agent SUNTRUST BANK, as Syndication Agent BANK OF...Senior Secured Revolving Credit Agreement • April 20th, 2016 • Ares Capital Corp • New York
SIXTH AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of April 18, 2016 (this “Agreement”), between ARES CAPITAL CORPORATION, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A. as Administrative Agent.
U.S. $200,000,000 LOAN AND SERVICING AGREEMENT Dated as of January 20, 2012 By and Among ARES CAPITAL JB FUNDING LLC, as the Borrower and ARES CAPITAL CORPORATION, as the Servicer and as the Transferor and SUMITOMO MITSUI BANKING CORPORATION, as the...Loan and Servicing Agreement • January 24th, 2012 • Ares Capital Corp
WHEREAS, the Lender has agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances from time to time in an aggregate principal amount not to exceed the Borrowing Base;
ARES CAPITAL CORPORATION (a Maryland corporation)Purchase Agreement • June 3rd, 2025 • Ares Capital Corp • New York
Ares Capital Corporation, a Maryland corporation (the “Company”), confirms its agreement with each of the Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom BofA Securities, Inc., J.P. Morgan Securities LLC, RBC Capital Markets, LLC, SMBC Nikko Securities America, Inc. and Wells Fargo Securities, LLC are acting as representatives (in such capacity, the “Representatives”), with respect to the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of $750,000,000 aggregate principal amount of 5.500% Notes due 2030 (the “Securities”) of the Company set forth in said Schedule A.
Ares Capital Corporation Up to $1,500,000,000 Shares of Common Stock (par value $0.001 per share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 5th, 2025 • Ares Capital Corp • New York
ARES CAPITAL CORPORATION (Issuer) and U.S. Bank Trust Company, National Association (Trustee) Indenture Dated as of May 13, 2024 Providing for the Issuance of Debt SecuritiesIndenture • July 30th, 2024 • Ares Capital Corp • New York
INDENTURE, dated as of May 13, 2024, between Ares Capital Corporation, a Maryland corporation (the “Company”), and U.S. Bank Trust Company, National Association, a national banking association, as Trustee (as trustee in such capacity and not in its individual capacity, the “Trustee”).
ContractRevolving Credit and Security Agreement • February 10th, 2021 • Ares Capital Corp • New York
This FIRST AMENDMENT TO THE REVOLVING CREDIT AND SECURITY AGREEMENT (this “Amendment”), dated as of December 21, 2020 (the “Amendment Date”), is entered into by and among ARCC FB FUNDING LLC, a Delaware limited liability company, as the borrower (the “Borrower”), the LENDERS party to the Revolving Credit Agreement, BNP PARIBAS, as the administrative agent (the “Administrative Agent”), ARES CAPITAL CORPORATION, a Maryland corporation, as the equityholder (in such capacity, the “Equityholder”), ARES CAPITAL CORPORATION, a Maryland corporation, as the servicer (in such capacity, the “Servicer”), and U.S. BANK NATIONAL ASSOCIATION, as collateral agent (the “Collateral Agent”).
NINTH AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT dated as of October 2, 2018 between ARES CAPITAL CORPORATION The LENDERS Party Hereto and JPMORGAN CHASE BANK, N.A. as Administrative Agent SUNTRUST BANK BANK OF AMERICA, N.A., BANK OF...Senior Secured Credit Agreement • October 3rd, 2018 • Ares Capital Corp • New York
NINTH AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT dated as of October 2, 2018 (this “Agreement”), between ARES CAPITAL CORPORATION, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A. as Administrative Agent.
INDEMNIFICATION AGREEMENTIndemnification Agreement • September 28th, 2004 • Ares Capital Corp • Maryland
THIS INDEMNIFICATION AGREEMENT is made and entered into this day of , 2004 ("Agreement"), by and between Ares Capital Corporation, a Maryland corporation (the "Company"), and ("Indemnitee").
PURCHASE AND SALE AGREEMENT between ARCC FB FUNDING LLC, as the Purchaser and ARES CAPITAL CORPORATION, as the SellerPurchase and Sale Agreement • June 16th, 2020 • Ares Capital Corp • New York
THIS PURCHASE AND SALE AGREEMENT, dated as of June 11, 2020, between ARES CAPITAL CORPORATION, a Maryland corporation, as the seller (the “Seller”) and ARCC FB FUNDING LLC, a Delaware limited liability company, as the purchaser (the “Purchaser”).
SECOND AMENDED AND RESTATED INVESTMENT ADVISORY AND MANAGEMENT AGREEMENT BETWEEN ARES CAPITAL CORPORATION AND ARES CAPITAL MANAGEMENT LLCInvestment Advisory and Management Agreement • June 7th, 2019 • Ares Capital Corp • New York
Second Amended and Restated Agreement (this “Agreement”) effective as of June 6, 2019, between ARES CAPITAL CORPORATION, a Maryland corporation (the “Corporation”), and ARES CAPITAL MANAGEMENT LLC, a Delaware limited liability company (the “Adviser”).
SIXTEENTH SUPPLEMENTAL INDENTURE between ARES CAPITAL CORPORATION and as Trustee Dated as of January 13, 2022 SIXTEENTH SUPPLEMENTAL INDENTURESupplemental Indenture • January 13th, 2022 • Ares Capital Corp • New York
THIS SIXTEENTH SUPPLEMENTAL INDENTURE (this “Sixteenth Supplemental Indenture”), dated as of January 13, 2022, is between Ares Capital Corporation, a Maryland corporation (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”). All capitalized terms used herein shall have the meaning set forth in the Base Indenture (as defined below) unless otherwise defined herein.
AMENDMENT NO. 14 TO LOAN AND SERVICING AGREEMENTLoan and Servicing Agreement • February 9th, 2022 • Ares Capital Corp • New York
THIS AMENDMENT NO. 14 TO LOAN AND SERVICING AGREEMENT (the “Amendment”), dated as of November 13, 2020 (the “Amendment Effective Date”), is entered into by and among ARES CAPITAL CP FUNDING LLC, a Delaware limited liability company, as the borrower (the “Borrower”), ARES CAPITAL CORPORATION, a Maryland corporation, as the servicer (the “Servicer”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as the agent (the “Agent”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as a lender (“Wells Fargo”), BANK OF AMERICA, N.A., as a lender (“Bank of America” and, together with Wells Fargo, the “Lenders”) and U.S. BANK NATIONAL ASSOCIATION, as Trustee, Bank, and Collateral Custodian (in such capacities, “U.S. Bank”).
CONTRIBUTION AGREEMENT Between ARES CAPITAL CORPORATION, as Transferor and ARES DIRECT LENDING CLO 4 LLC, as Transferee Dated as of November 19, 2024Contribution Agreement • November 25th, 2024 • Ares Capital Corp • New York
This CONTRIBUTION AGREEMENT, dated as of November 19, 2024, between ARES CAPITAL CORPORATION, a Maryland corporation, as transferor (in such capacity, the "Transferor"), and ARES DIRECT LENDING CLO 4 LLC, a Delaware limited liability company, as transferee (in such capacity, the "Transferee").
AMENDMENT NO. 5 TO AMENDED AND RESTATED SALE AND SERVICING AGREEMENTSale and Servicing Agreement • June 8th, 2012 • Ares Capital Corp
This LOAN AND SERVICING AGREEMENT (as amended, restated, supplemented or modified from time to time, the “Loan and Servicing Agreement”) is made as of January 22, 2010, among:
ADMINISTRATION AGREEMENTAdministration Agreement • September 17th, 2004 • Ares Capital Corp • New York
AGREEMENT (this "Agreement") made as of [ ], 2004 by and between Ares Capital Corporation, a Maryland corporation (hereinafter referred to as the "Corporation"), and Ares Technical Administration LLC, a Delaware limited liability company, (hereinafter referred to as the "Administrator").
Asset Management AgreementAsset Management Agreement • November 25th, 2024 • Ares Capital Corp • New York
This Asset Management Agreement (this “Agreement”), dated as of November 19, 2024, is entered into by and between Ares Direct Lending CLO 4 LLC, a limited liability company formed under the laws of the State of Delaware, with its principal office located at 1800 Avenue of the Stars, Suite 1400, Los Angeles, California 90067 (together with successors and assigns permitted hereunder, the “Issuer”), and Ares Capital Management LLC, a limited liability company formed under the laws of the State of Delaware, with its principal office located at 1800 Avenue of the Stars, Suite 1400, Los Angeles, California 90067, as asset manager (in such capacity, and, as applicable, including any successor appointed in accordance with the terms of this Agreement, the “Asset Manager”).
COLLATERAL ADMINISTRATION AGREEMENTCollateral Administration Agreement • November 25th, 2024 • Ares Capital Corp • New York
This COLLATERAL ADMINISTRATION AGREEMENT, dated as of November 19, 2024 (the “Agreement”) is entered into by and among ARES DIRECT LENDING CLO 4 LLC, a limited liability company organized under the laws of the State of Delaware (the “Issuer”), ARES CAPITAL MANAGEMENT LLC, a Delaware limited liability company, as Asset Manager (as that term is defined in the Indenture, referred to herein, together with any successor Asset Manager under the Indenture, the “Asset Manager”), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION (“U.S. Bank”), acting as collateral administrator under and for purposes of this Agreement (in such capacity, and together with any successor Collateral Administrator hereunder, the “Collateral Administrator”).
MASTER PURCHASE AND SALE AGREEMENT by and between ARES CAPITAL CORPORATION as Seller and ARES DIRECT LENDING CLO 4 LLC as Buyer Dated as of November 19, 2024Master Purchase and Sale Agreement • November 25th, 2024 • Ares Capital Corp • New York
THIS MASTER PURCHASE AND SALE AGREEMENT, dated as of November 19, 2024 (this “Agreement”), by and between ARES CAPITAL CORPORATION, a Maryland corporation (the “Seller”), and ARES DIRECT LENDING CLO 4 LLC, a Delaware limited liability company, as buyer (the “Buyer”).
ARES CAPITAL CORPORATION (a Maryland corporation) [ ] Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • October 12th, 2005 • Ares Capital Corp • New York
MERRILL LYNCH & CO. Merrill Lynch, Pierce, Fenner & Smith Incorporated UBS Securities LLC J.P. Morgan Securities Inc. Wachovia Capital Markets, LLC Jefferies & Company, Inc. Legg Mason Wood Walker, Incorporated as Representatives of the several Underwriters c/o Merrill Lynch & Co. Merrill Lynch, Pierce, Fenner & Smith Incorporated 4 World Financial Center New York, New York 10080 and c/o UBS Securities LLC 299 Park Avenue New York, New York 10171
AMENDMENT NO. 17 TO LOAN AND SERVICING AGREEMENTLoan and Servicing Agreement • October 11th, 2024 • Ares Capital Corp • New York
This LOAN AND SERVICING AGREEMENT (as amended, restated, supplemented or modified from time to time, the “Loan and Servicing Agreement”) is made as of January 22, 2010, among:
AMENDMENT NO. 1 TO SECOND TIER PURCHASE AND SALE AGREEMENTSecond Tier Purchase and Sale Agreement • June 8th, 2012 • Ares Capital Corp • New York
THIS SECOND TIER PURCHASE AND SALE AGREEMENT, dated as of January 22, 2010, among ARES CAPITAL CP FUNDING HOLDINGS LLC, a Delaware limited liability company, as the seller (the “Seller”) and ARES CAPITAL CP FUNDING LLC, a Delaware limited liability company, as the purchaser (the “Purchaser”).
AMENDED AND RESTATED ADMINISTRATION AGREEMENTAdministration Agreement • August 9th, 2007 • Ares Capital Corp • New York
AGREEMENT (this “Agreement”) made as of June 1, 2007 by and between Ares Capital Corporation, a Maryland corporation (hereinafter referred to as the “Corporation”), and Ares Operations LLC, a Delaware limited liability company, (hereinafter referred to as the “Administrator”).
OMNIBUS AMENDMENT NO. 2 (Ares Capital JB Funding LLC)Omnibus Amendment • December 23rd, 2013 • Ares Capital Corp
AMENDED AND RESTATED CUSTODIAN AGREEMENT By and between ARES CAPITAL CORPORATION,Custodian Agreement • May 28th, 2009 • Ares Capital Corp • Massachusetts
THIS AMENDED AND RESTATED CUSTODIAN AGREEMENT (this “Agreement”) is dated as of May 15, 2009 and is by and between ARES CAPITAL CORPORATION (the “Company”), having a business address at c/o ARES CAPITAL MANAGEMENT LLC, 2000 Avenue of the Stars, 12th Floor, Los Angeles, CA 90067, and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Custodian”), having a place of business at One Federal Street, 3rd Floor, Boston, MA 02110.
ContractRevolving Credit and Security Agreement • February 7th, 2023 • Ares Capital Corp • New York
SECURITY AGREEMENT (this “Amendment”), dated as of January 9, 2023 (the “Amendment Date”), is entered into by and among ARCC FB FUNDING LLC, a Delaware limited liability company, as the borrower (the “Borrower”), the LENDERS party to the Revolving Credit Agreement, BNP PARIBAS, as the administrative agent (the “Administrative Agent”), ARES CAPITAL CORPORATION, a Maryland corporation, as the equityholder (in such capacity, the “Equityholder”), ARES CAPITAL CORPORATION, a Maryland corporation, as the servicer (in such capacity, the “Servicer”), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as successor in interest to U.S. Bank National Association, as collateral agent (the “Collateral Agent”).
ARES DIRECT LENDING CLO 4 LLC, ISSUER AND INDENTURE AND SECURITY AGREEMENT COLLATERALIZED LOAN OBLIGATIONS Dated as of November 19, 2024Indenture and Security Agreement • November 25th, 2024 • Ares Capital Corp • New York
AGREEMENT AND PLAN OF MERGER By and Among ARES CAPITAL CORPORATION, ORION ACQUISITION SUB, INC., AMERICAN CAPITAL, LTD., AMERICAN CAPITAL ASSET MANAGEMENT, LLC, IVY HILL ASSET MANAGEMENT, L.P., IVY HILL ASSET MANAGEMENT GP, LLC, in its capacity as...Merger Agreement • May 26th, 2016 • Ares Capital Corp • New York
THIS AGREEMENT AND PLAN OF MERGER, dated as of May 23, 2016 (this “Agreement”), is made by and among Ares Capital Corporation, a Maryland corporation (“Parent”), Orion Acquisition Sub, Inc., a Delaware corporation and a direct wholly owned Subsidiary of Parent (“Acquisition Sub”), Ivy Hill Asset Management, L.P., a Delaware limited partnership (“IHAM”), Ivy Hill Asset Management GP, LLC, a Delaware limited liability company, in its capacity as general partner of IHAM (“IHAM GP”), American Capital, Ltd., a Delaware corporation (the “Company”), American Capital Asset Management, LLC, a Delaware limited liability company and wholly owned subsidiary of the Company (“Subsidiary Adviser”), and, solely for purposes of Section 2.2(a)(ii)(B), Section 2.3(a)(iii), Section 4.29, Section 4.30, Section 7.4 and Article VIII, Ares Capital Management LLC, a Delaware limited liability company (the “Parent External Adviser”), in its capacity as Parent’s investment adviser. Defined terms used in this Agr
AMENDMENT NO. 10 TO LOAN AND SERVICING AGREEMENTLoan and Servicing Agreement • October 3rd, 2018 • Ares Capital Corp • New York
THIS AMENDMENT NO. 10 TO LOAN AND SERVICING AGREEMENT (the “AMENDMENT”), dated as of October 2, 2018 (the “Amendment Effective Date”), is entered into by and among ARES CAPITAL CP FUNDING LLC, a Delaware limited liability company, as the borrower (the “Borrower”), ARES CAPITAL CORPORATION, a Maryland corporation, as the servicer (the “Servicer”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as the agent (the “Agent”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as a lender (the “Lender”) and BANK OF AMERICA, N.A.
ARES DIRECT LENDING CLO 1 LLC, ISSUER AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, TRUSTEE INDENTURE Dated as of May 24, 2024 COLLATERALIZED LOAN OBLIGATIONSIndenture • May 31st, 2024 • Ares Capital Corp • New York
INDENTURE, dated as of May 24, 2024 (the "Indenture"), between Ares Direct Lending CLO 1 LLC, a limited liability company organized under the laws of the State of Delaware, as the issuer (the "Issuer"), and U.S. Bank Trust Company, National Association, a national banking association, as trustee (herein, together with its permitted successors in the trusts hereunder, the "Trustee").
JOINT FILING AGREEMENTJoint Filing Agreement • October 19th, 2020 • Ares Capital Corp • Apparel & other finishd prods of fabrics & similar matl
The undersigned hereby agree that they are filing this statement jointly pursuant to Rule 13d-1(k)(1). Each of them is responsible for the timely filing of such Schedule 13G and any amendments thereto, and for the completeness and accuracy of the information concerning such person contained therein; but none of them is responsible for the completeness or accuracy of the information concerning the other persons making the filing, unless such person knows or has reason to believe that such information is inaccurate.
OMNIBUS AMENDMENT NO. 6 (Ares Capital JB Funding LLC)Omnibus Amendment • September 10th, 2019 • Ares Capital Corp
AGREEMENT AND PLAN OF MERGER among ARES CAPITAL CORPORATION ARCC ODYSSEY CORP. and ALLIED CAPITAL CORPORATION Dated as of October 26, 2009Merger Agreement • October 30th, 2009 • Ares Capital Corp • Maryland
AGREEMENT AND PLAN OF MERGER, dated as of October 26, 2009 (this “Agreement”), among Allied Capital Corporation, a Maryland corporation (the “Company”), Ares Capital Corporation, a Maryland corporation (“Parent”), and ARCC Odyssey Corp., a Maryland corporation and wholly owned direct Consolidated Subsidiary of Parent (“Merger Sub”).
ContractRevolving Credit and Security Agreement • February 7th, 2023 • Ares Capital Corp • New York
This THIRD AMENDMENT TO THE REVOLVING CREDIT AND SECURITY AGREEMENT (this “Amendment”), dated as of August 17, 2022 (the “Amendment Date”), is entered into by and among ARCC FB FUNDING LLC, a Delaware limited liability company, as the borrower (the “Borrower”), the LENDERS party to the Revolving Credit Agreement, BNP PARIBAS, as the administrative agent (the “Administrative Agent”), ARES CAPITAL CORPORATION, a Maryland corporation, as the equityholder (in such capacity, the “Equityholder”), ARES CAPITAL CORPORATION, a Maryland corporation, as the servicer (in such capacity, the “Servicer”), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as successor in interest to U.S. Bank National Association, as collateral agent (the “Collateral Agent”).