ARES CAPITAL CORPORATION AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of July 19, 2013 4.375% Convertible Senior Notes due 2019Indenture • July 19th, 2013 • Ares Capital Corp • New York
INDENTURE dated as of July 19, 2013 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”).
ARES CAPITAL CORPORATION AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of January 27, 2017 3.75% Convertible Notes due 2022Ares Capital Corp • January 27th, 2017 • 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).
OMNIBUS AMENDMENT NO. 6 (Ares Capital JB Funding LLC)Loan and Servicing Agreement • September 10th, 2019 • Ares Capital Corp
AMENDMENT NO. 1Secured Revolving Credit Agreement • May 19th, 2010 • Ares Capital Corp • New York
SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of December 28, 2005 and amended and restated as of January 22, 2010 (this “Agreement”), between ARES CAPITAL CORPORATION, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A. as Administrative Agent.
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.
ARES CAPITAL CORPORATION (a Maryland corporation)Purchase Agreement • January 23rd, 2024 • 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, 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 $1,000,000,000 aggregate principal amount of 5.875% Notes due 2029 (the “Securities”) of the Company set forth in said Schedule A.
ContractCredit 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”).
Ares Capital Corporation Up to $1,000,000,000 Shares of Common Stock (par value $0.001 per share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 7th, 2024 • Ares Capital Corp • New York
Ares Capital Corporation, a Maryland corporation (the “Company”), Ares Capital Management LLC, a Delaware limited liability company (the “Adviser”), and Ares Operations LLC, a Delaware limited liability company (the “Administrator”), confirm their agreement (this “Agreement”) with RBC Capital Markets, LLC (the “Manager”), as follows.
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”).
THIRD AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of May 2, 2013 between ARES CAPITAL CORPORATION The LENDERS Party Hereto and JPMORGAN CHASE BANK, N.A. as Administrative Agent SUNTRUST BANK, as Syndication Agent BANK OF...Revolving Credit Agreement • May 6th, 2013 • Ares Capital Corp • New York
THIRD AMENDED AND RESTATED SENIOR SECURED dated as of May 2, 2013 (this “Agreement”), between ARES CAPITAL CORPORATION, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A. as Administrative Agent.
Ares Capital Corporation Up to $500,000,000 Shares of Common Stock (par value $0.001 per share) Amended and Restated EQUITY DISTRIBUTION AGREEMENTTerms Agreement • October 26th, 2021 • Ares Capital Corp • New York
PURCHASE AGREEMENTAdministration Agreement • May 22nd, 2019 • Ares Capital Corp • New York
Ares Capital Corporation, a Maryland corporation (the “Company”), confirms its agreement with [ ] (“[ ]”) and each of the other 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 [ ] 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 the respective numbers of shares of Common Stock, par value $0.001 per share (“Common Stock”), or Preferred Stock, par value $· per share (“Preferred Stock”), or both, or Warrants (the “Warrants”) to purchase Common Stock or Preferred Stock, or both, of the Company set forth in said Schedule A, and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase additional Securities (as h
Ares Capital Corporation Up to $1,000,000,000 Shares of Common Stock (par value $0.001 per share) EQUITY DISTRIBUTION AGREEMENTCapital Corporation • February 7th, 2024 • Ares Capital Corp • New York
Ares Capital Corporation, a Maryland corporation (the “Company”), Ares Capital Management LLC, a Delaware limited liability company (the “Adviser”), and Ares Operations LLC, a Delaware limited liability company (the “Administrator”), confirm their agreement (this “Agreement”) with Mizuho Securities USA LLC (the “Manager”), as follows. This Agreement supersedes the terms of the Equity Distribution Agreement, dated as of July 25, 2023 among the Company, the Adviser, the Administrator and the Manager (the “2023 EDA”), and the parties hereto agree that the 2023 EDA is terminated pursuant to Section 10(c) of the 2023 EDA and the provisions of the 2023 EDA set forth in such section shall survive termination.
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”).
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:
Ares Capital Corporation Up to $500,000,000 Shares of Common Stock (par value $0.001 per share) Amended and Restated EQUITY DISTRIBUTION AGREEMENTDistribution Agreement • October 26th, 2021 • Ares Capital Corp • New York
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”).
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 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.
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
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...Agreement and Plan of Merger • 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. 9 (Ares Capital JB Funding LLC)Loan and Servicing Agreement • May 4th, 2023 • Ares Capital Corp
(1)ARES CAPITAL JB FUNDING LLC, a Delaware limited liability company (together with its successors and assigns in such capacity, the “Borrower”);
May 23, 2016 Ares Capital Corporation New York, NY 10167Advisory Agreement • May 26th, 2016 • Ares Capital Corp • New York
This letter is with reference to (a) the Restated Investment Advisory and Management Agreement, dated as of June 6, 2011 (the “Advisory Agreement”), between Ares Capital Corporation, a Maryland corporation (“ARCC”) and Ares Capital Management LLC, a Delaware limited liability company (“ACM”), and (b) the Agreement and Plan of Merger, dated as of the date hereof (the “Merger Agreement”), by and among ARCC, Orion Acquisition Sub, Inc., a Delaware corporation (“Acquisition Sub”), American Capital, Ltd., Delaware corporation (the “Company”), Ivy Hill Asset Management, L.P., a Delaware limited partnership, Ivy Hill Asset Management GP, LLC, a Delaware limited liability company, in its capacity as general partner of Ivy Hill Asset Management, L.P., American Capital Asset Management, LLC, a Delaware limited liability company, 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, ACM, in its capacity as investment advi
AMENDED AND RESTATED ADMINISTRATION AGREEMENTAgreement • 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)Purchase and Sale Agreement • December 23rd, 2013 • Ares Capital Corp
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.
ARES CAPITAL CORPORATION (a Maryland corporation)2028 Purchase Agreement • August 11th, 2021 • 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, 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 $400,000,000 aggregate principal amount of 2.875% Notes due 2028 (the “Securities”) of the Company set forth in said Schedule A.
AGREEMENT AND PLAN OF MERGER among ARES CAPITAL CORPORATION ARCC ODYSSEY CORP. and ALLIED CAPITAL CORPORATION Dated as of October 26, 2009Agreement and Plan of Merger • 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”).
ContractCredit 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”).
AMENDMENT NO. 13 TO SALE AND SERVICING AGREEMENT (VFCC Transaction with Ares Capital CP Funding LLC)Sale and Servicing Agreement • May 11th, 2009 • Ares Capital Corp • New York
THIS SALE AND SERVICING AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, this “Agreement”) is made as of November 3, 2004, by and among:
QuickLinks -- Click here to rapidly navigate through this documentAres Capital Corp • September 28th, 2004 • New York
Mr. Mark Standish Managing Director Head of Global Financial Products Royal Bank of Canada One Liberty Plaza New York, NY 10006
COLLATERAL ADMINISTRATION AGREEMENTCollateral Administration Agreement • August 9th, 2006 • Ares Capital Corp • New York
This COLLATERAL ADMINISTRATION AGREEMENT, dated as of July 7, 2006 (the “Agreement”) is entered into by and among ARCC COMMERCIAL LOAN TRUST 2006, a statutory trust created and existing under the laws of the State of Delaware, as the issuer (together with its successors and assigns, the “Issuer”), ARES CAPITAL CORPORATION, a Maryland corporation, as the servicer (together with its successors and assigns, the “Servicer”), and U.S. BANK 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”).
