INDEMNIFICATION AGREEMENTIndemnification Agreement • October 17th, 2016 • Fifth Street Finance Corp. • Delaware
This Indemnification Agreement (this “Agreement”) is made as of ________, _____ by and between Fifth Street Finance Corp., a Delaware corporation (the “Company”), and _____________________ (“Indemnitee”). Certain capitalized terms used herein are defined in Section 2 hereof.
AMENDMENT NO. 2 TO THE LOAN AND SERVICING AGREEMENTLoan and Servicing Agreement • November 5th, 2013 • Fifth Street Finance Corp.
The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances under the Variable Funding Note(s) from time to time in an aggregate principal amount not to exceed the Borrowing Base. The proceeds of the Advances will be used (a) to finance the Borrower’s purchase, on a “true sale” basis, of Eligible Loan Assets from the Transferor, approved by the Administrative Agent, pursuant to the Purchase and Sale Agreement between the Borrower and the Transferor, (b) to fund the Unfunded Exposure Account and (c) to distribute such proceeds to the Borrower’s parent. Accordingly, the parties agree as follows:
AMENDMENT NO. 5 TO AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENTSecured Revolving Credit Agreement • May 4th, 2023 • Oaktree Specialty Lending Corp • New York
AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 25, 2019 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among OAKTREE SPECIALTY LENDING CORPORATION, a Delaware corporation (the “Borrower”), the LENDERS party hereto, solely with respect to Section 2.02(e)(ii), the DEPARTING LENDERS party hereto and ING CAPITAL LLC, as Administrative Agent.
AMENDMENT NO. 5 TO AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENTSenior Secured Revolving Credit Agreement • August 7th, 2013 • Fifth Street Finance Corp • New York
AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 22, 2011 (this “Agreement”), among FIFTH STREET FINANCE CORP., a Delaware corporation (the “Borrower”), the LENDERS party hereto, and ING CAPITAL LLC, as Administrative Agent.
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 23rd, 2023 • Oaktree Specialty Lending Corp • New York
THIS LOAN AND SECURITY AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, this “Agreement”) is made as of July 26, 2019 by and among:
Underwriting AgreementUnderwriting Agreement • July 14th, 2014 • Fifth Street Finance Corp. • New York
Fifth Street Finance Corp., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), an aggregate of 13,250,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 1,987,500 additional shares (the “Optional Shares”) of Common Stock, $0.01 par value per share (“Stock”) of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 3 hereof being collectively called, the “Shares”).
AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 25, 2019, among OAKTREE SPECIALTY LENDING CORPORATION as Borrower The LENDERS Party Hereto ING CAPITAL LLC as Administrative Agent ING CAPITAL LLC, JPMORGAN CHASE...Senior Secured • February 26th, 2019 • Oaktree Specialty Lending Corp • New York
AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 25, 2019 (this “Agreement”), among OAKTREE SPECIALTY LENDING CORPORATION, a Delaware corporation (the “Borrower”), the LENDERS party hereto, solely with respect to Section 2.02(e)(ii), the DEPARTING LENDERS party hereto and ING CAPITAL LLC, as Administrative Agent.
ADMINISTRATION AGREEMENTAdministration Agreement • October 2nd, 2019 • Oaktree Specialty Lending Corp • New York
This Agreement (“Agreement”) is made as of September 30, 2019 by and between OAKTREE SPECIALTY LENDING CORPORATION, a Delaware corporation (the “Company”), and OAKTREE FUND ADMINISTRATION, LLC, a Delaware limited liability company (the “Administrator”).
PURCHASE AND SALE AGREEMENT by and between FIFTH STREET FUNDING II, LLC, as the Purchaser and FIFTH STREET FINANCE CORP., as the Seller Dated as of September 16, 2011Purchase and Sale Agreement • November 29th, 2011 • Fifth Street Finance Corp
THIS PURCHASE AND SALE AGREEMENT, dated as of September 16, 2011, by and between FIFTH STREET FINANCE CORP., a Delaware corporation, as the seller (the “Seller”) and FIFTH STREET FUNDING II, LLC, a Delaware limited liability company, as the purchaser (the “Purchaser”).
AMENDMENT NO. 6 TO AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • June 26th, 2023 • Oaktree Specialty Lending Corp • New York
AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 25, 2019 (as amended, restated, amended and restated supplemented or otherwise modified from time to time, this “Agreement”), among OAKTREE SPECIALTY LENDING CORPORATION, a Delaware corporation (the “Borrower”), the LENDERS party hereto, solely with respect to Section 2.02(e)(ii), the DEPARTING LENDERS party hereto and ING CAPITAL LLC, as Administrative Agent.
LOAN FINANCING AND SERVICING AGREEMENT dated as of September 24, 2018 OCSI SENIOR FUNDING LTD. as Borrower OAKTREE STRATEGIC INCOME CORPORATION as Equityholder, OAKTREE STRATEGIC INCOME CORPORATION as Servicer, THE LENDERS FROM TIME TO TIME PARTIES...Loan Financing and Servicing Agreement • March 19th, 2021 • Oaktree Specialty Lending Corp • New York
THIS LOAN FINANCING AND SERVICING AGREEMENT is made and entered into as of September 24, 2018, among OCSI SENIOR FUNDING LTD., an exempted company incorporated with limited liability under the laws of the Cayman Islands (the “Borrower”), OAKTREE STRATEGIC INCOME CORPORATION, a Delaware corporation, as equityholder (in such capacity, together with its successors and permitted assigns in such capacity, the “Equityholder”), OAKTREE STRATEGIC INCOME CORPORATION, a Delaware corporation, as servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), each LENDER (as hereinafter defined) FROM TIME TO TIME PARTY HERETO, the AGENTS for each Lender Group (as hereinafter defined) from time to time parties hereto (each such party, in such capacity, together with their respective successors and permitted assigns in such capacity, an “Agent”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral Agent and Collateral Custodian (each as hereinafter
ContractCredit Agreement • August 5th, 2021 • Oaktree Specialty Lending Corp • New York
PURCHASE AND SETTLEMENT AGREEMENTPurchase and Settlement Agreement • February 19th, 2016 • Fifth Street Finance Corp. • Delaware
This PURCHASE AND SETTLEMENT AGREEMENT (this “Agreement”) is made and entered into as of February 18, 2016 by and among Fifth Street Finance Corp., a Delaware corporation (the “Company”), Fifth Street Holdings L.P., a Delaware limited partnership (“Holdings”), Leonard M. Tannenbaum (“LT” and, together with Holdings, the “Buyers”), Fifth Street Asset Management Inc., a Delaware corporation (“FSAM”), and Sellers (as defined below). As used herein: (i) “Sellers” (and each, a “Seller”) means RiverNorth and the RiverNorth Nominees, collectively; (ii) “RiverNorth” means RiverNorth Capital Management, LLC (“RiverNorth Capital”), RiverNorth Capital Partners, L.P., RiverNorth Institutional Partners, L.P., RiverNorth Core Opportunity Fund and RiverNorth/DoubleLine Strategic Income Fund, collectively, and (iii) “RiverNorth Nominees” means Randy I. Rochman, Fred G. Steingraber and Murray R. Wise, collectively.
AMENDMENT NO. 4 TO AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENTSenior Secured Revolving Credit Agreement • December 4th, 2012 • Fifth Street Finance Corp • New York
AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 22, 2011 (this “Agreement”), among FIFTH STREET FINANCE CORP., a Delaware corporation (the “Borrower”), the LENDERS party hereto, and ING CAPITAL LLC, as Administrative Agent, and Royal Bank of Canada, as documentation agent (in such capacity, the “Documentation Agent”).
AMENDMENT NO. 1 TO PURCHASE AND SETTLEMENT AGREEMENTPurchase and Settlement Agreement • February 24th, 2016 • Fifth Street Finance Corp.
This Amendment No. 1 (this “Amendment”) to the Purchase and Settlement Agreement, dated as of February 18, 2016 (the “Original Agreement”), by and among (i) Fifth Street Finance Corp., a Delaware corporation (the “Company”), (ii) Fifth Street Holdings L.P., a Delaware limited partnership (“Holdings”) and Leonard M. Tannenbaum (“LT” and, together with Holdings, the “Buyers”), (iii) Fifth Street Asset Management Inc., a Delaware corporation (“FSAM”), and (iv) Sellers (as defined below) (collectively, the “Parties” and each, a “Party”), is made and entered into on this 23rd day of February, 2016, by and among the Parties. As used herein: (a) “Sellers” (and each, a “Seller”) means RiverNorth, Randy I. Rochman, Fred G. Steingraber and Murray R. Wise, collectively and (b) “RiverNorth” means RiverNorth Capital Management, LLC (“RiverNorth Capital”), RiverNorth Capital Partners, L.P., RiverNorth Institutional Partners, L.P., RiverNorth Core Opportunity Fund and RiverNorth/DoubleLine Strategic
SENIOR LOAN FUND JV I, LLC LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • May 7th, 2014 • Fifth Street Finance Corp. • Delaware
This Limited Liability Company Agreement, dated as of May 2, 2014, of Senior Loan Fund JV I, LLC (the “Company”) is entered into by and between Fifth Street Finance Corp. and Trinity Universal Insurance Company (each, a “Member” and collectively, the “Members”).
SECOND AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT BETWEEN OAKTREE SPECIALTY LENDING CORPORATION AND OAKTREE FUND ADVISORS, LLCInvestment Advisory Agreement • January 23rd, 2023 • Oaktree Specialty Lending Corp • New York
This Second Amended and Restated Investment Advisory Agreement (this “Agreement”) made effective as of January 23, 2023 (the “Effective Date”), by and between OAKTREE SPECIALTY LENDING CORPORATION, a Delaware corporation (the “Company”), and OAKTREE FUND ADVISORS, LLC, a Delaware limited liability company (the “Adviser”).
FIFTH STREET FINANCE CORP., as Issuer, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee INDENTURE Dated as of April 12, 2011 5.375% SENIOR CONVERTIBLE NOTES DUE 2016Fifth Street Finance Corp • April 12th, 2011 • New York
INDENTURE, dated as of April 12, 2011 (this “Indenture”), between FIFTH STREET FINANCE CORP., a corporation organized under the laws of Delaware, as issuer (the “Company”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as trustee hereunder (the “Trustee”).
THIRD AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT BETWEEN FIFTH STREET FINANCE CORP. AND FIFTH STREET MANAGEMENT LLCInvestment Advisory Agreement • January 20th, 2016 • Fifth Street Finance Corp. • New York
This Third Amended and Restated Investment Advisory Agreement (this “Agreement”) made this 19th day of January 2016, by and between FIFTH STREET FINANCE CORP., a Delaware corporation (the “Company”), and FIFTH STREET MANAGEMENT LLC, a Delaware limited liability company (the “Adviser”).
INVESTMENT ADVISORY AGREEMENT BETWEEN OAKTREE SPECIALTY LENDING CORPORATION AND OAKTREE FUND ADVISORS, LLCInvestment Advisory Agreement • May 7th, 2020 • Oaktree Specialty Lending Corp • New York
This Investment Advisory Agreement (this “Agreement”) made effective as of May 4, 2020 (the “Effective Date”), by and between OAKTREE SPECIALTY LENDING CORPORATION, a Delaware corporation (the “Company”), and OAKTREE FUND ADVISORS, LLC, a Delaware limited liability company (the “Adviser”).
FORM OF ADMINISTRATION AGREEMENT] ADMINISTRATION AGREEMENTAdministration Agreement • May 8th, 2008 • Fifth Street Finance Corp • New York
This Agreement (“Agreement”) is made as of December , 2007 by and between FIFTH STREET FINANCE CORP. a Delaware corporation (the “Company”), and FSC, INC., a New York corporation (the “Administrator”).
Oaktree Specialty Lending Corporation Shares of Common Stock, par value $0.01 per share Equity Distribution AgreementEquity Distribution Agreement • February 7th, 2022 • Oaktree Specialty Lending Corp • New York
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 19th, 2021 • Oaktree Specialty Lending Corp • New York
THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”), is made as of May 14, 2018, by and among Oaktree Strategic Income Corporation, as the collateral manager (in such capacity, the “Collateral Manager”), OCSI Senior Funding II LLC, as the borrower (the “Borrower”), Citibank, N.A., as administrative agent (the “Administrative Agent”) and Citibank, N.A., as the sole lender (the “Lender”).
SALE AND CONTRIBUTION AGREEMENT between OAKTREE STRATEGIC INCOME CORPORATION, as Seller and OCSI SENIOR FUNDING LTD., as Purchaser Dated as of September 24, 2018Sale and Contribution Agreement • March 19th, 2021 • Oaktree Specialty Lending Corp • New York
This SALE AND CONTRIBUTION AGREEMENT, dated as of September 24, 2018 (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”), between Oaktree Strategic Income Corporation, a Delaware corporation, as seller (in such capacity, the “Seller”) and OCSI Senior Funding Ltd., an exempted company incorporated with limited liability under the laws of the Cayman Islands, as purchaser (in such capacity, the “Purchaser”).
CUSTODIAL AGREEMENT For Fifth Street Finance Corp ("Customer")Custodial Agreement • June 6th, 2008 • Fifth Street Finance Corp
The Customer wishes to establish a Custodial Account (the "Account") with Bank of America, N.A. (the "Bank") under this Custodial Agreement (the "Agreement"), and the Bank has agreed to perform such services in accordance with the terms and conditions of the Agreement. Schedules A through C are attached hereto and made a part of this Agreement.
FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 19th, 2021 • Oaktree Specialty Lending Corp • New York
THIS FIFTH AMENDMENT TO THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”), is made as of October 27, 2020, by and among Oaktree Strategic Income Corporation, as the collateral manager (together with its permitted successors and assigns, the “Collateral Manager”), OCSI Senior Funding II LLC, as the borrower (the “Borrower”), Citibank, N.A., as administrative agent (the “Administrative Agent”) and Citibank, N.A., as the sole lender (the “Lender”).
CUSTODY AGREEMENT dated as of January 31, 2011 by and between FIFTH STREET FINANCE CORP. (“Company”) and U.S. BANK NATIONAL ASSOCIATION (“Custodian”)Custody Agreement • January 31st, 2011 • Fifth Street Finance Corp • Massachusetts
THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of January 31, 2011 and is by and between Fifth Street Finance Corp. (and any successor or permitted assign), a corporation organized under the laws of Delaware, having its principal place of business at 10 Bank Street, 12th Floor, White Plains, New York 10606, and U.S. BANK NATIONAL ASSOCIATION (or any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association having a place of business at One Federal Street, Boston, MA 02110.
INCREMENTAL ASSUMPTION AGREEMENT dated as of January 7, 2013, relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 22, 2011, among FIFTH STREET FINANCE CORP., as Borrower, The Several Lenders and Agents...Incremental Assumption Agreement • February 6th, 2013 • Fifth Street Finance Corp • New York
INCREMENTAL ASSUMPTION AGREEMENT, dated as of January 7, 2013 (this “Assumption Agreement”), by and among FIFTH STREET FINANCE CORP. (the “Borrower”), FSFC Holdings, Inc. (“FSFC”), Fifth Street Fund of Funds LLC (“Fifth Street”; collectively with FSFC, the “Subsidiary Guarantors”), ING CAPITAL LLC, in its capacity as Administrative Agent (the “Administrative Agent”) and as Issuing Bank, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as assuming lender (the “Assuming Lender”) relating to the AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 22, 2011 (as amended by the Amendment No.1 to the Amended and Restated Senior Secured Revolving Credit Agreement and Amendment No. 2 to the Guarantee, Pledge and Security Agreement dated as of July 8, 2011, that certain Waiver Letter, dated as of August 3, 2011, that certain Amendment No. 2 to Amended and Restated Senior Secured Revolving Credit Agreement, dated as of November 29, 2011, that certain Amendment No. 3 to Ame
LOAN SALE AGREEMENT by and between FIFTH STREET SENIOR FLOATING RATE CORP., as the Seller, and FS SENIOR FUNDING II LLC, as the Purchaser Dated as of January 15, 2015Loan Sale Agreement • March 19th, 2021 • Oaktree Specialty Lending Corp • New York
THIS LOAN SALE AGREEMENT, dated as of January 15, 2014 (as amended, modified, restated, or supplemented from time to time, this “Agreement”), is made by and between FIFTH STREET SENIOR FLOATING RATE CORP., a Delaware corporation (together with its successors and permitted assigns in such capacity, the “Seller”), and FS SENIOR FUNDING II LLC, a Delaware limited liability company (together with its successors and permitted assigns in such capacity, the “Purchaser”).
ContractLoan Financing and Servicing Agreement • March 19th, 2021 • Oaktree Specialty Lending Corp • New York
AMENDMENT NO. 7 TO LOAN FINANCING AND SERVICING AGREEMENT, dated as of October 27, 2020 (this “Amendment”), among OCSI Senior Funding Ltd., as borrower (the “Borrower”), Oaktree Strategic Income Corporation, as servicer (the “Servicer”) and Deutsche Bank AG, New York Branch (“DBNY”), as facility agent (in such capacity, the “Facility Agent”) and as a committed lender (in such capacity, a “Lender”).
Oaktree Specialty Lending Corporation $300,000,000 Aggregate Principal Amount of Notes due 2029 Underwriting AgreementUnderwriting Agreement • August 9th, 2023 • Oaktree Specialty Lending Corp
Oaktree Specialty Lending Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) $300,000,000 aggregate principal amount of the Company’s 7.100% notes due 2029 (the “Securities”).
ContractLoan Financing and Servicing Agreement • March 19th, 2021 • Oaktree Specialty Lending Corp • New York
AMENDMENT NO. 6 TO LOAN FINANCING AND SERVICING AGREEMENT, dated as of September 29, 2020 (this “Amendment”), among OCSI Senior Funding Ltd., as borrower (the “Borrower”), Oaktree Strategic Income Corporation, as servicer (the “Servicer”), Deutsche Bank AG, New York Branch (“DBNY”), as facility agent (in such capacity, the “Facility Agent”) and as a committed lender (in such capacity, a “Lender”) and Wells Fargo Bank, National Association, as collateral agent (in such capacity, the “Collateral Agent”) and collateral custodian (in such capacity, the “Collateral Custodian”).
FIFTH STREET FINANCE CORP. Common Stock ($0.01 par value per share) AT-THE- MARKET EQUITY OFFERING SALES AGREEMENTAdministration Agreement • August 25th, 2014 • Fifth Street Finance Corp. • New York
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • October 17th, 2017 • Oaktree Specialty Lending Corp • New York
This Pledge and Security Agreement (this “Security Agreement”) is entered into as of October 17, 2017, by and between Fifth Street Finance Corp, a Delaware corporation, as secured party (“Secured Party”), and Fifth Street Holdings L.P., a Delaware limited partnership, as Pledgor (“Pledgor”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 23rd, 2023 • Oaktree Specialty Lending Corp
THIS SECOND AMENDMENT TO THE LOAN AND SECURITY AGREEMENT (this “Amendment”), is made as of July 2, 2020, by and among OAKTREE STRATEGIC INCOME II, INC., as the collateral manager (in such capacity, the “Collateral Manager”), OSI 2 SENIOR LENDING SPV, LLC, as the borrower (the “Borrower”), Citibank, N.A., as administrative agent (the “Administrative Agent”) and Citibank, N.A., as the sole committed lender (the “Lender”).
