LAGO Evergreen Credit Sample Contracts
LAGO EVERGREEN CREDIT FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • March 3rd, 2025 • LAGO Evergreen Credit • Delaware
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the ___ day of ________, 20___, by and between LAGO Evergreen Credit, a Delaware statutory trust (the “Company”) and a business development company under the Investment Company Act of 1940, as amended (the “Investment Company Act”), and ___________________ (“Indemnitee”).
CUSTODY AGREEMENTCustody Agreement • March 3rd, 2025 • LAGO Evergreen Credit • Minnesota
THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between LAGO EVERGREEN CREDIT, a Delaware statutory trust (the “Fund”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).
LAGO EVERGREEN CREDIT AGREEMENT AND DECLARATION OF TRUST Dated as of January 31, 2025Trust Agreement • March 3rd, 2025 • LAGO Evergreen Credit
FORM OF LICENSE AGREEMENTLicense Agreement • March 3rd, 2025 • LAGO Evergreen Credit • New York
This LICENSE AGREEMENT (this “Agreement”) is made and effective as of March 3, 2025 (the “Effective Date”) by and between LAGO Asset Management LLC (the “Licensor”), a Delaware limited liability company, and LAGO Evergreen Credit, a Delaware statutory trust (the “Licensee”) (each a “party,” and collectively, the “parties”).
TRANSFER AGENT SERVICES AGREEMENTTransfer Agent Services Agreement • March 3rd, 2025 • LAGO Evergreen Credit • Ohio
This Transfer Agent Services Agreement (the “Agreement”) dated the 1st day of November, 2024, is between LAGO Evergreen Credit (the “BDC”), a Delaware statutory trust, and Ultimus Fund Solutions, LLC (“Ultimus”), a limited liability company organized under the laws of the state of Ohio.
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT AND JOINDERLoan and Security Agreement • December 17th, 2025 • LAGO Evergreen Credit
This THIRD AMENDMENT AND JOINDER (this “Amendment”) to the Loan and Security Agreement referenced below is entered into as of December 12, 2025, by and among LAGO EVERGREEN SPE, LLC, a Delaware limited liability company, as borrower (the “Borrower”), LAGO EVERGREEN CREDIT (f/k/a LAGO EVERGREEN CREDIT, LLC, a Delaware limited liability company), a Delaware statutory trust, as servicer (the “Servicer”) and as originator (the “Originator”), LAGO ASSET MANAGEMENT, LLC, Delaware limited liability company, as investment manager (the “Investment Manager” and collectively with the Borrower, the Servicer and the Originator, each individually a “Lago Party” and collectively the “Lago Parties”), KEYBANK NATIONAL ASSOCIATION, as syndication agent (the “Syndication Agent”), as agent for the Lenders (the “Agent) and as Lender (the “Initial Lender”) and Axos Bank as a new lender (the “New Lender” and together with the Initial Lender the “Lenders”). Capitalized terms used but not otherwise defined her
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND JOINDERFourth Amendment to Loan and Security Agreement and Joinder • September 29th, 2026 • LAGO Evergreen Credit • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of February 28, 2025, between and among, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), KEYBANK NATIONAL ASSOCIATION, a national banking association, as the arranger and Agent for the Lenders (“Agent”), LAGO EVERGREEN SPE, LLC, a Delaware limited liability company (“Borrower”), LAGO ASSET MANAGEMENT LLC, a Delaware limited liability company, as the investment manager (“Investment Manager”) and LAGO EVERGREEN CREDIT, LLC, a Delaware limited liability company, as the originator (in such capacity, the “Originator”) and as the servicer (in such capacity, the “Servicer”).
LAGO EVERGREEN CREDITSubscription Agreement • March 3rd, 2025 • LAGO Evergreen Credit • Delaware
THIS SUBSCRIPTION AGREEMENT (this “Agreement”), dated as of December 17, 2024, is by and between LAGO Evergreen Credit, a Delaware statutory trust (the “Company”), and LAGO Asset Management, LLC (the “Purchaser”). The parties agree as follows:
EXPENSE SUPPORT AND CONDITIONAL REIMBURSEMENT AGREEMENTExpense Support and Conditional Reimbursement Agreement • March 3rd, 2025 • LAGO Evergreen Credit
This Expense Support and Conditional Reimbursement Agreement (the “Agreement”) is made this 3rd day of March, 2025, by and between LAGO Evergreen Credit, a Delaware statutory trust (the “Fund”), and LAGO Asset Management LLC, a Delaware limited liability company (the “Adviser”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • March 3rd, 2025 • LAGO Evergreen Credit • Delaware
This Investment Advisory Agreement (this “Agreement”), dated and effective as of March 3, 2025, is made by and between LAGO Evergreen Credit, a Delaware statutory trust (herein referred to as the “Fund”) and LAGO Asset Management, LLC, a Delaware limited liability company (herein referred to as the “Adviser”).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 8th, 2025 • LAGO Evergreen Credit
This FIRST AMENDMENT (this “Amendment”) to the Loan and Security Agreement referenced below is entered into as of May 5, 2025, by and among LAGO EVERGREEN SPE, LLC, a Delaware limited liability company, as borrower (the “Borrower”), LAGO EVERGREEN CREDIT (f/k/a LAGO EVERGREEN CREDIT, LLC, a Delaware limited liability company), a Delaware statutory trust, as servicer (the “Servicer”) and as originator (the “Originator”), LAGO ASSET MANAGEMENT, LLC, Delaware limited liability company, as investment manager (the “Investment Manager” and collectively with the Borrower, the Servicer and the Originator, each individually a “Lago Party” and collectively the “Lago Parties”), the lenders that are signatories hereto (the “Lenders”) and KEYBANK NATIONAL ASSOCIATION, as syndication agent (the “Syndication Agent”) and as agent for the Lenders (the “Agent). Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned thereto in the Loan and Security Agreement.
LOAN AND SECURITY AGREEMENT by and among LAGO EVERGREEN SPE, LLC as Borrower, LAGO ASSET MANAGEMENT, LLC as the Investment Manager, LAGO EVERGREEN CREDIT, LLC, as the Originator and Servicer, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and...Loan and Security Agreement • April 17th, 2025 • LAGO Evergreen Credit • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of February 28, 2025, between and among, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), KEYBANK NATIONAL ASSOCIATION, a national banking association, as the arranger and Agent for the Lenders (“Agent”), LAGO EVERGREEN SPE, LLC, a Delaware limited liability company (“Borrower”), LAGO ASSET MANAGEMENT LLC, a Delaware limited liability company, as the investment manager (“Investment Manager”) and LAGO EVERGREEN CREDIT, LLC, a Delaware limited liability company, as the originator (in such capacity, the “Originator”) and as the servicer (in such capacity, the “Servicer”).
AGREEMENT AND PLAN OF MERGER among LAGO EVERGREEN CREDIT, LLC, LAGO EVERGREEN CREDIT, LAGO EVERGREEN CREDIT-QP, LP, (solely for purposes of Section 2.1 and Article V) and LAGO EVERGREEN CREDIT-AI, LP (solely for purposes of Section 2.1 and Article V)...Merger Agreement • March 3rd, 2025 • LAGO Evergreen Credit • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of February 28, 2025 (this “Agreement”), is made by and among LAGO Evergreen Credit, LLC, a Delaware limited liability company (the “Company”), LAGO Evergreen Credit, a Delaware statutory trust (the “Acquiror”), and, solely for purposes of Section 2.1 and Article V, LAGO Evergreen Credit-QP, LP, a Delaware limited partnership (the “Legacy Fund Member I”), and LAGO Evergreen Credit-AI, LP, a Delaware limited partnership (the “Legacy Fund Member II” and, together with Legacy Fund Member I, the “Legacy Fund Members”). Capitalized Terms used by not otherwise defined shall have the meaning ascribed to such terms in Article VIII.
LOAN SERVICING AGREEMENTLoan Servicing Agreement • May 8th, 2025 • LAGO Evergreen Credit • Illinois
THIS LOAN SERVICING AGREEMENT, dated as of May 5, 2025 (as amended, modified or supplemented from time to time, the “Agreement”) between Alter Domus (US) LLC (“AD” or “Servicer”), a Delaware limited liability company with its principal place of business located at 225 W. Washington Street, 9th Floor, Chicago, Illinois 60606, and LAGO Evergreen Credit (“Lender” or “Client”), Delaware limited liability company with its principal place of business located at 10 S. Wacker Drive, Suite 3540, Chicago, Illinois 60606.
ADMINISTRATION AND FUND SERVICES AGREEMENTAdministration and Fund Services Agreement • April 17th, 2025 • LAGO Evergreen Credit
THIS ADMINISTRATION AND FUND SERVICES AGREEMENT (the “Agreement”) is made as of March 3, 2025, by and between LAGO Evergreen Credit, a Delaware statutory trust (including its successors and assigns, the “Fund”), BIP Capital, LLC, a Delaware limited liability company (the “Administrator”), and LAGO Asset Management, LLC, a Delaware limited liability company (the “Adviser”) (each a “Party” and, collectively, the “Parties”).