Revolving Credit and Security Agreement among MSCC Funding I, LLC, as Borrower, Main Street Capital Corporation, as Collateral Manager the Lenders from time to time parties hereto, Truist Bank, as Administrative Agent and Swingline Lender Citibank,...Credit and Security Agreement • November 28th, 2022 • Main Street Capital CORP • New York
This Revolving Credit and Security Agreement, dated as of November 22, 2022, is made by and among MSCC Funding I, LLC, a Delaware limited liability company, as borrower (the “Borrower”); Main Street Capital Corporation, a Maryland corporation, as the collateral manager (the “Collateral Manager”); the Lenders from time to time party hereto; Truist Bank (“Truist”), as administrative agent for the Secured Parties (as hereinafter defined) (the “Administrative Agent”) and as Swingline Lender (in such capacity, the “Swingline Lender”); Citibank, N.A., as collateral agent for the Secured Parties (the “Collateral Agent”), as custodian (in such capacity, together with its successors and assigns, the “Custodian”) and as document custodian (in such capacity, together with its successors and assigns, the “Document Custodian”); and Virtus Group, LP, as collateral administrator (the “Collateral Administrator”).
Main Street Capital Corporation Up to 15,000,000 Shares of Common Stock (par value $0.01 per share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • March 4th, 2022 • Main Street Capital CORP • New York
Main Street Capital Corporation, a Maryland corporation (the “Company”), confirms its agreement (this “Agreement”) with [insert bank name] (the “Manager”), as follows:
Main Street Capital CorporationUnderwriting Agreement • July 24th, 2020 • Main Street Capital CORP • New York
The Securities will be issued under an indenture dated as of April 2, 2013 (the “Base Indenture”), as supplemented by the Fourth Supplemental Indenture, dated as of April 23, 2019 (the “Fourth Supplemental Indenture” and, collectively with the Base Indenture, the “Indenture”), between the Company and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”). The Securities will be issued to Cede & Co. as nominee of the Depository Trust Company (“DTC”) pursuant to a blanket letter of representations (the “DTC Agreement”) between the Company and DTC. The Company understands that the Underwriters propose to make a public offering of the Securities as soon as the Underwriters deem advisable after this Agreement has been executed and delivered.
THIRD AMENDED AND RESTATED CREDIT AGREEMENT dated as of June 5, 2018 among MAIN STREET CAPITAL CORPORATION as Borrower, the Guarantors Party Hereto, the Lenders Party Hereto and BRANCH BANKING AND TRUST COMPANY, as Administrative Agent and BB&T...Credit Agreement • June 6th, 2018 • Main Street Capital CORP • North Carolina
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT is dated as of June 5, 2018 among MAIN STREET CAPITAL CORPORATION, a Maryland corporation, as borrower, the GUARANTORS party hereto, as guarantors, the LENDERS party hereto and BRANCH BANKING AND TRUST COMPANY, as Administrative Agent.
Main Street Capital Corporation (a Maryland Corporation) 2,500,000 Shares of Common Stock Par Value $0.01 per Share Underwriting Agreement January 13, 2010Main Street Capital CORP • January 13th, 2010 • New York
Morgan Keegan & Company, Inc. As representative of the several Underwriters named in Schedule A c/o Morgan Keegan & Company, Inc. 50 North Front Street Memphis, Tennessee 38103
INVESTMENT ADVISORY AND ADMINISTRATIVE SERVICES AGREEMENT BETWEEN MSC INCOME FUND, INC. AND MSC ADVISER I, LLCInvestment Advisory And • November 3rd, 2020 • Main Street Capital CORP • Texas
This Investment Advisory and Administrative Services Agreement (the “Agreement”) is made as of the 30th day of October 2020, by and between MSC INCOME FUND, INC., a Maryland corporation (the “Company”), and MSC ADVISER I, LLC, a Delaware limited liability company (the “Adviser”).
CUSTODY AGREEMENTCustody Agreement • January 3rd, 2008 • Main Street Capital CORP • North Carolina
This agreement (the “Agreement”) dated as of December 31, 2007 between MAIN STREET CAPITAL CORPORATION, a corporation organized and existing under the laws of the state of Maryland having a place of business located at 11300 Post Oak Boulevard, Suite 800, Houston, Texas 77056 (the “Fund”), and BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation having a place of business at 223 West Nash Street, Wilson NC 27893 (the “Custodian”).
EMPLOYMENT AGREEMENTEmployment Agreement • September 21st, 2007 • Main Street Capital CORP • Texas
THIS AGREEMENT, effective as of the date of the consummation of the initial public offering of common stock by Main Street Capital Corporation (the “Effective Date”), is between Main Street Capital Corporation, a Maryland corporation (the “Company”), and Dwayne L. Hyzak, a resident of Harris County, Texas (the “Executive”).
THIRD AMENDED AND RESTATED GENERAL SECURITY AGREEMENTGeneral Security Agreement • June 6th, 2018 • Main Street Capital CORP • North Carolina
This THIRD AMENDED AND RESTATED GENERAL SECURITY AGREEMENT, dated as of June 5, 2018 (this “Agreement”), is made among MAIN STREET CAPITAL CORPORATION, a Maryland corporation (the “Borrower”), MAIN STREET CAPITAL PARTNERS, LLC, a Delaware limited liability company, MAIN STREET EQUITY INTERESTS, INC., a Delaware corporation, MAIN STREET CA LENDING, LLC, a Delaware limited liability company, and MS INTERNATIONAL HOLDINGS, INC., a Delaware corporation (collectively, the “Guarantor-Grantors”, and the Borrower and the Guarantor-Grantors being collectively called the “Grantors”), and BRANCH BANKING AND TRUST COMPANY (“BB&T”), acting as agent (in such capacity, the “Administrative Agent”) for itself and for the other Secured Parties as defined herein.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • July 1st, 2009 • Main Street Capital CORP
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”), entered into and effective as of July 1, 2009 (the “Amendment Date”), is between Main Street Capital Corporation, a Maryland corporation (the “Company”), and Dwayne L. Hyzak, a resident of Harris County, Texas (the “Executive”). Capitalized terms used but not defined in this Amendment have the meanings given them in the Employment Agreement (defined below).
THIRD AMENDED AND RESTATED EQUITY PLEDGE AGREEMENTEquity Pledge Agreement • June 6th, 2018 • Main Street Capital CORP • North Carolina
This THIRD AMENDED AND RESTATED EQUITY PLEDGE AGREEMENT (this “Agreement”) dated as of June 5, 2018, between MAIN STREET CAPITAL CORPORATION, a Maryland corporation (the “Borrower” and “Pledgor”), and BRANCH BANKING AND TRUST COMPANY (“BB&T”), acting as agent (in such capacity, the “Administrative Agent”) for itself and the other Secured Parties (as defined in the Credit Agreement referred to below).
Main Street Capital Corporation (a Maryland Corporation)Main Street Capital CORP • January 12th, 2024 • New York
The Securities will be issued under an indenture dated as of April 2, 2013 (the “Base Indenture”), as supplemented by the Sixth Supplemental Indenture, to be dated as of January 12, 2024 (the “Sixth Supplemental Indenture” and, collectively with the Base Indenture, the “Indenture”), between the Company and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”). The Securities will be issued to Cede & Co. as nominee of the Depository Trust Company (“DTC”) pursuant to a blanket letter of representations (the “DTC Agreement”) between the Company and DTC. The Company understands that the Underwriters propose to make a public offering of the Securities as soon as the Underwriters deem advisable after this Agreement has been executed and delivered.
MAIN STREET CAPITAL CORPORATION Issuer and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. Trustee Form of Indenture Dated as of April 2, 2013 Providing for the Issuance of Debt SecuritiesIndenture • March 28th, 2013 • Main Street Capital CORP • New York
INDENTURE, dated as of April 2, 2013, between Main Street Capital Corporation, a Maryland corporation (hereinafter called the “Company”), having its principal office at 1300 Post Oak Boulevard, Suite 800, Houston, Texas 77056, and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee (hereinafter called the “Trustee”), having its Corporate Trust Office at 601 Travis Street, Houston, Texas 77002.
MAIN STREET CAPITAL CORPORATION RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • May 3rd, 2022 • Main Street Capital CORP • Texas
This Restricted Stock Agreement (this “Agreement”) between Main Street Capital Corporation (the “Company”) and (the “Grantee”), a member of the Board of Directors of the Company (the “Board”), regarding an award (“Award”) of shares of common stock, par value $0.01 per share (the “Common Stock” and, such Common Stock comprising this Award, the “Restricted Stock”), awarded to the Grantee on ____________ (the “Award Date”), pursuant to the 2022 Non-Employee Director Restricted Stock Incentive Plan (the “Plan”), such number of shares of Restricted Stock subject to adjustment as provided in the Plan, and further subject to the following terms and conditions:
NONQUALIFIED SUPPLEMENTAL DEFERRED COMPENSATION PLAN ADOPTION AGREEMENTDeferred Compensation Plan • December 18th, 2015 • Main Street Capital CORP
This adoption agreement and the accompanying plan document have not been approved by the Department of Labor, Internal Revenue Service, Securities Exchange Commission, or any other governmental entity. Employers may not rely on this document or the accompanying plan document to ensure any particular tax consequences with respect to the Employer’s particular situation, nor do these documents constitute legal or tax advice. Pen-Cal and its employees cannot provide legal or tax advice in connection with these documents. Employers must determine the extent to which the Plan is subject to Federal or state securities laws. You should have your attorney review this document and the accompanying plan document before adopting the documents. This adoption agreement and accompanying plan document cannot be used in order to avoid penalties that may be imposed on the taxpayer.
Glowpoint, Inc. Denver, Colorado 80203 April 4, 2014Main Street Capital CORP • April 8th, 2014 • Telephone communications (no radiotelephone) • Delaware
This letter constitutes the agreement (the “Agreement”) among GP Investment Holdings, LLC, a Delaware limited liability company (“GP Investment”), and each of Main Street Capital Corporation (“MSCC”), Brian Pessin, Sandra Pessin and Norman Pessin (collectively with GP Investment, the “Investor Group”), and Glowpoint, Inc., a Delaware corporation (the “Company”).
FIRST AMENDMENT TO CREDIT AGREEMENT (MSCC FUNDING I, LLC)Credit Agreement • February 24th, 2023 • Main Street Capital CORP • New York
This Revolving Credit and Security Agreement, dated as of November 22, 2022, is made by and among MSCC Funding I, LLC, a Delaware limited liability company, as borrower (the “Borrower”); Main Street Capital Corporation, a Maryland corporation, as the collateral manager (the “Collateral Manager”); the Lenders from time to time party hereto; Truist Bank (“Truist”), as administrative agent for the Secured Parties (as hereinafter defined) (the “Administrative Agent”) and as Swingline Lender (in such capacity, the “Swingline Lender”); Citibank, N.A., as collateral agent for the Secured Parties (the “Collateral Agent”), as custodian (in such capacity, together with its successors and assigns, the “Custodian”) and as document custodian (in such capacity, together with its successors and assigns, the “Document Custodian”); and Virtus Group, LP, as collateral administrator (the “Collateral Administrator”).
SUPPLEMENT AND JOINDER AGREEMENTSupplement and Joinder Agreement • December 30th, 2011 • Main Street Capital CORP • North Carolina
THIS SUPPLEMENT AND JOINDER AGREEMENT (this “Agreement”), dated as of December 30, 2011, is being executed and delivered pursuant to that certain Amended and Restated Credit Agreement, dated as of September 20, 2010 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Main Street Capital Corporation, a Maryland corporation (the “Borrower”), the Guarantors party thereto, Branch Banking and Trust Company, as administrative agent (the “Administrative Agent”), Regions Capital Markets, as Syndication Agent, BB&T Capital Markets, as lead arranger, and the Lenders from time to time party thereto by Amegy Bank N.A. (the “Additional Lender”), the Required Lenders (as defined in the Credit Agreement), the Borrower, the Guarantors and the Administrative Agent. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 16th, 2013 • Main Street Capital CORP • Telephone communications (no radiotelephone) • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of August 9, 2013, by and among Glowpoint, Inc., a Delaware corporation (the “Company”), and GP Investment Holdings, LLC, a Delaware limited liability company (the “Purchaser”).
SUPPLEMENT AGREEMENTSupplement Agreement • November 15th, 2018 • Main Street Capital CORP • North Carolina
This SUPPLEMENT AGREEMENT (this “Agreement”), dated as of November 15, 2018 (the “Effective Date”), which is being executed and delivered pursuant to the Credit Agreement (defined below), is among Main Street Capital Corporation, a Maryland corporation (the “Borrower”), the guarantors party thereto (the “Guarantors”), Branch Banking and Trust Company, as administrative agent (the “Administrative Agent”) and Mutual of Omaha Bank, as a new lender (the “New Lender”).
MAIN STREET CAPITAL CORPORATION RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • May 3rd, 2022 • Main Street Capital CORP • Texas
This Restricted Stock Agreement (this “Agreement”) between Main Street Capital Corporation (the “Company”) and [__________________] (the “Grantee”), an employee of the Company or one of its subsidiaries, regarding an award (“Award”) of [_________] shares of Stock (as defined in the 2022 Equity and Incentive Plan (the “Plan”), such Stock comprising this Award referred to herein as “Restricted Stock”) awarded to the Grantee under the Plan on [___________] (the “Award Date”), such number of shares subject to adjustment as provided in the Plan, and further subject to the following terms and conditions:
SEVENTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 8th, 2013 • Main Street Capital CORP • North Carolina
This SEVENTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made as of May 8, 2013, by and among MAIN STREET CAPITAL CORPORATION, a Maryland corporation (the “Borrower”), the GUARANTORS party to the Credit Agreement (as defined below) (the “Guarantors”), BRANCH BANKING AND TRUST COMPANY (the “Administrative Agent”), and all of the LENDERS, as defined in the Credit Agreement (the “Lenders”).
AMENDMENT TO EXCHANGE AGREEMENTExchange Agreement • August 15th, 2007 • Main Street Capital CORP
This Amendment to Exchange Agreement (this “Agreement”) is entered into as of August , 2007, among Main Street Capital Corporation, a Maryland corporation (“Parent”), and the undersigned members (the “IA Members”) of Main Street Capital Partners, LLC, a Delaware limited liability company (the “Investment Adviser”). Capitalized terms not otherwise defined herein shall have the meanings given them in the Exchange Agreement dated as of May 10, 2007 (the “Exchange Agreement”), among Parent and the IA Members.
ContractAgreement and Plan • June 22nd, 2007 • Main Street Capital CORP • Delaware
AGREEMENT AND PLAN OF MERGER This Agreement and Plan of Merger (the “Agreement”), dated as of May 10, 2007, is by and among Main Street Capital Corporation, a Maryland corporation (“Parent”). MSCC Merger Sub, LLC, a Delaware limited liability company (“Merger Sub”), and Main Street Mezzanine Fund, LP, a Delaware limited partnership (the “Fund”). Recitals:
SUPPLEMENT AGREEMENTSupplement Agreement • September 27th, 2017 • Main Street Capital CORP • North Carolina
This SUPPLEMENT AGREEMENT (this “Agreement”), dated as of September 26, 2017 (the “Effective Date”), which is being executed and delivered pursuant to the Credit Agreement (defined below), is among Main Street Capital Corporation, a Maryland corporation (the “Borrower”), the guarantors party thereto (the “Guarantors”), the Lenders party hereto, Branch Banking and Trust Company, as administrative agent (the “Administrative Agent”) and Woodforest National Bank, as a new lender (the “New Lender”).
LIMITED LIABILITY COMPANY AGREEMENT OF GP INVESTMENT HOLDINGS, LLC a Delaware Limited Liability Company August 5, 2013Limited Liability Company Agreement • August 16th, 2013 • Main Street Capital CORP • Telephone communications (no radiotelephone) • Delaware
THIS LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of GP Investment Holdings, LLC, a Delaware limited liability company (the “Company”), dated and effective as of August 5, 2013 (the “Effective Date”), is agreed to and adopted by the Members (as defined below) and the Company.
SECURITY AGREEMENTSecurity Agreement • January 3rd, 2008 • Main Street Capital CORP • North Carolina
THIS SECURITY AGREEMENT, dated as of the 31st day of December, 2007 (the “Agreement”), is made among MAIN STREET CAPITAL CORPORATION, a Maryland corporation (the “Grantor”), and BRANCH BANKING AND TRUST COMPANY (“BB&T”), acting as agent (in such capacity, the “Administrative Agent”) for itself and for the other Secured Parties as defined herein.
MAIN STREET CAPITAL CORPORATION RESTRICTED STOCK AGREEMENTCorporation Restricted Stock Agreement • June 20th, 2008 • Main Street Capital CORP • Texas
This Restricted Stock Agreement (“Agreement”) between Main Street Capital Corporation (the “Company”) and (the “Grantee”), an employee of the Company or one of its subsidiaries, regarding an award (“Award”) of shares of Common Stock (as defined in the 2008 Equity Incentive Plan (the “Plan”), such Common Stock comprising this Award referred to herein as “Restricted Stock”) awarded to the Grantee as an Initial Award under the Plan, effective on the (the “Award Date”), such number of shares subject to adjustment as provided in the Plan, and further subject to the following terms and conditions:
SUPPLEMENT AGREEMENTSupplement Agreement • November 6th, 2020 • Main Street Capital CORP • North Carolina
This SUPPLEMENT AGREEMENT (this “Agreement”), dated as of November 4, 2020 (the “Effective Date”), which is being executed and delivered pursuant to the Credit Agreement (defined below), is among Main Street Capital Corporation, a Maryland corporation (the “Borrower”), the guarantors party thereto (the “Guarantors”), Truist Bank, as administrative agent and successor in interest to Branch Banking and Trust Company (the “Administrative Agent”), Sumitomo Mitsui Banking Corporation, as a new lender (the “New Lender”) and First Financial Bank, N.A., as an existing lender with a decreasing commitment (the “Decreasing Lender”).
Exhibit (k)(8) EXCHANGE AGREEMENTExchange Agreement • June 22nd, 2007 • Main Street Capital CORP • Delaware
This EXCHANGE AGREEMENT (this “Agreement‘”), dated as of May 10, 2007, is by and among Main Street Capital Corporation, a Maryland corporation (“Parent”), and the undersigned members (the “IA Members”) of Main Street Capital Partners, LLC, a Delaware limited liability company (the “Investment Adviser”).
TREASURY SECURED REVOLVING CREDIT AGREEMENTCredit Agreement • January 3rd, 2008 • Main Street Capital CORP • North Carolina
THIS TREASURY SECURED REVOLVING CREDIT AGREEMENT is dated as of December 31, 2007 among MAIN STREET CAPITAL CORPORATION, a Maryland corporation, as borrower, the INITIAL GUARANTOR listed on the signature pages hereof, as guarantor, the LENDERS listed on the signature pages hereof and BRANCH BANKING AND TRUST COMPANY, as Administrative Agent.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 29th, 2011 • Main Street Capital CORP • North Carolina
THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made as of the 28th day of June, 2011, by and among MAIN STREET CAPITAL CORPORATION, a Maryland corporation (the “Borrower”), the INITIAL GUARANTORS identified in the Credit Agreement (as defined below) (the “Guarantors”), BRANCH BANKING AND TRUST COMPANY (the “Administrative Agent”), and all of the LENDERS, as defined in the Credit Agreement (the “Lenders”).
MAIN STREET CAPITAL CORPORATION (a Maryland Corporation) 3,800,000 Shares of Common Stock (Par Value $0.01 Per Share) PURCHASE AGREEMENT March 9, 2015Purchase Agreement • March 11th, 2015 • Main Street Capital CORP • New York
CONFIDENTIALITY AND NON-COMPETITION AGREEMENTConfidentiality and Non-Competition Agreement • September 21st, 2007 • Main Street Capital CORP • Texas
THIS AGREEMENT, effective as of the date of the consummation of the initial public offering of common stock by Main Street Capital Corporation (the “Effective Date”), is between Main Street Capital Corporation, a Maryland corporation (the “Company”), and Vincent D. Foster, a resident of Harris County, Texas (the “Executive”).
Exhibit (g)(2) INVESTMENT MANAGEMENT/ADVISORY AGREEMENTMain Street Capital CORP • June 22nd, 2007
THIS INVESTMENT MANAGEMENT/ADVISORY AGREEMENT (the “Agreement”) is made this 30th day of November, 2005, by and between Main Street Capital Partners, LLC, a limited liability company organized and existing under the laws of Delaware (the “Investment Manager/Advisor”), Main Street Capital II, LP, a limited partnership organized and existing under the laws of Delaware (the “SBIC”), and Main Street Capital II GP, LLC, a limited liability company organized and existing under the laws of Delaware (the “General Partner”).
