ARTICLE 1 DEFINITIONS AND INTERPRETATIONSEmployment Agreement • May 29th, 2001 • American Capital Strategies LTD • Maryland
RecitalsEscrow Agreement • May 17th, 1999 • American Capital Strategies LTD • New York
EXHIBIT 10.3 AMENDMENT NO. 1 TO PURCHASE AND SALE AGREEMENT THIS AMENDMENT NO. 1 TO PURCHASE AND SALE AGREEMENT, dated as of December 20, 2000 (this "AMENDMENT"), is entered into by and among ACS FUNDING TRUST I ("BUYER"), as Buyer, and AMERICAN...Purchase and Sale Agreement • April 2nd, 2001 • American Capital Strategies LTD • New York
ARTICLE 1 DEFINITIONSCustodian Agreement • August 29th, 1997 • American Capital Strategies LTD • Maryland
Exhibit 10.1 CREDIT AGREEMENT dated as of October 30, 1998Credit Agreement • April 1st, 1999 • American Capital Strategies LTD • Illinois
Exhibit 10.1 PURCHASE AND SALE AGREEMENT Dated as of March 31, 1999Purchase and Sale Agreement • May 17th, 1999 • American Capital Strategies LTD • New York
DRAFT (7/30/97) EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of April 2, 1997 (the "Effective Date") by and between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (the "Company"), and DAVID GLADSTONE...Employment Agreement • August 12th, 1997 • American Capital Strategies LTD • Maryland
Exhibit 10.10 OPTIONEE: Malon Wilkus DATE OF EXERCISE: June 7, 1999 OPTION PRICE: $15.00 COVERED SHARES: 117,428 AMERICAN CAPITAL STRATEGIES, LTD. 1997 STOCK OPTION PLAN STOCK OPTION EXERCISE AGREEMENT 1. Definitions. In this Agreement, except where...American Capital Strategies LTD • July 9th, 1999 • Maryland
TRUST AGREEMENTTrust Agreement • May 17th, 1999 • American Capital Strategies LTD
EXHIBIT 2.I.23 OPTIONEE: MALON WILKUS DATE OF EXERCISE: 3/7/01 OPTION PRICE: $22.875 COVERED SHARES: 50,000 AMERICAN CAPITAL STRATEGIES, LTD. 1997 STOCK OPTION PLAN 2000 EMPLOYEE STOCK OPTION PLANAmerican Capital Strategies LTD • May 29th, 2001 • Maryland
RECITALSCredit Agreement • April 1st, 1999 • American Capital Strategies LTD • Illinois
ARTICLE I DEFINITIONS AND INTERPRETATIONSEmployment Agreement • May 29th, 2001 • American Capital Strategies LTD • Maryland
LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF ACAS BUSINESS LOAN LLC, 2000-1Limited Liability Company Operating Agreement • April 2nd, 2001 • American Capital Strategies LTD • Delaware
Exhibit 10.8 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of __________, 1997 (the "Effective Date") by and between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (the "Company"), and John R. Erickson...Employment Agreement • March 31st, 1998 • American Capital Strategies LTD • Maryland
OPTIONEE: John Erickson DATE OF EXERCISE: June 7, 1999 OPTION PRICE: $15.00 COVERED SHARES: 25,000 AMERICAN CAPITAL STRATEGIES, LTD. 1997 STOCK OPTION PLAN STOCK OPTION EXERCISE AGREEMENT 1. Definitions. In this Agreement, except where the context...American Capital Strategies LTD • July 9th, 1999 • Maryland
Exhibit 2.h.1 American Capital Strategies, Ltd. 8,400,000 Shares of Common Stock UNDERWRITING AGREEMENTWarrant Agreement • August 29th, 1997 • American Capital Strategies LTD • New York
Exhibit 10.16 SPLIT DOLLAR AGREEMENT This SPLIT DOLLAR AGREEMENT (this "Agreement") is entered into as of September 7, 1999, by and between ROLAND CLINE (the "Owner") and AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (the "Employer"). R E...Split Dollar Agreement • March 29th, 2000 • American Capital Strategies LTD • Maryland
Exhibit 10.3 SECURITY AND PLEDGE AGREEMENT THIS SECURITY AND PLEDGE AGREEMENT (this "Agreement") dated as of October 30, 1998, is among AMERICAN CAPITAL STRATEGIES, LTD. (the "Company"); the other persons or entities which are listed on the signature...Security and Pledge Agreement • April 1st, 1999 • American Capital Strategies LTD • Illinois
as Company, AND U.S. BANK NATIONAL ASSOCIATION, as Trustee $350,000,000 6.500% Senior Notes due 2018American Capital, LTD • September 24th, 2013 • New York
INDENTURE dated as of September 20, 2013, between AMERICAN CAPITAL, LTD., a Delaware corporation (the “Company”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Trustee”).
Exhibit 10.6 PLEDGE AND SECURITY AGREEMENT THIS PLEDGE AND SECURITY AGREEMENT (the "Agreement"), dated as of March 31, 1999 by and among AMERICAN CAPITAL STRATEGIES, LTD. (the "Seller"), a Delaware corporation, ACS FUNDING TRUST I (the "Buyer"), and...Pledge and Security Agreement • May 17th, 1999 • American Capital Strategies LTD • New York
INDENTURE between AMERICAN CAPITAL, LTD. and as Trustee Dated as of June 19, 2013Indenture • July 26th, 2013 • American Capital, LTD • New York
Trust Indenture Act Section Indenture Section § 310 (a)(1) 6.09 (a)(2) 6.09 (a)(3) Not Applicable (a)(4) Not Applicable (a)(5) 6.09 (b) 6.08 (c) Not Applicable § 311 (a) 6.13 (b) 6.13 (c) Not Applicable § 312 (a) 7.01 (b) 7.02 (c) 7.02 § 313 (a) 7.03 (b) 7.03 (c) 7.03 (d) 7.03 § 314 (a) 7.04 (a)(4) 1.02 (b) Not Applicable (c)(1) 1.02 (c)(2) 1.02 (c)(3) Not Applicable (d) Not Applicable (e) 1.02 (f) Not Applicable § 315 (a) 6.01 (b) 6.02 (c) 6.01 (d) 6.01 (e) 5.14 § 316 (a) 1.01 (a)(1)(A) 5.12 (a)(1)(B) 5.13 (a)(2) Not Applicable (b) 5.07; 5.08 (c) 1.04 § 317 (a)(1) 5.03 (a)(2) 5.04 (b) 10.03 § 318 (a) 1.07
Exhibit 10.8 OPTIONEE: Adam Blumenthal DATE OF EXERCISE: June 7, 1999 OPTION PRICE: $15.00 COVERED SHARES: 312,788 AMERICAN CAPITAL STRATEGIES, LTD. 1997 STOCK OPTION PLAN STOCK OPTION EXERCISE AGREEMENT 1. Definitions. In this Agreement, except where...Split Dollar Agreement • July 9th, 1999 • American Capital Strategies LTD • Maryland
MANAGEMENT AGREEMENT by and between American Capital Mortgage Investment Corp. and American Capital MTGE Management, LLC Dated as of August 9, 2011Management Agreement • August 15th, 2011 • American Capital, LTD • Real estate investment trusts • New York
MANAGEMENT AGREEMENT, dated as of August 9, 2011, by and between American Capital Mortgage Investment Corp., a Maryland corporation (the “Company”) and American Capital MTGE Management, LLC, a Delaware limited liability company (the “Manager”), a subsidiary of a wholly-owned portfolio company of American Capital, Ltd., a Delaware corporation (“American Capital”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 11th, 2009 • American Capital, LTD • Maryland
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of March 27, 2009 (the “Effective Date”), by and between AMERICAN CAPITAL, LTD., a Delaware corporation, formerly known as AMERICAN CAPITAL STRATEGIES, LTD. (the “Company”), and Malon Wilkus (the “Executive”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 15th, 2011 • American Capital, LTD • Real estate investment trusts • New York
This REGISTRATION RIGHTS AGREEMENT, dated as of August 9, 2011, is entered into by and between American Capital Mortgage Investment Corp., a Maryland corporation (the “Company”), and American Capital, Ltd., a Delaware corporation (“American Capital”).
Exhibit 2.k.1 REFERRAL AGREEMENT This Referral Agreement (this "Agreement") is made between American Capital Strategies, Ltd. ("ACS"), a Delaware corporation and the Riggs Bank N.A, (the "Referral Party"). ACS is a diversified financial services firm...Referral Agreement • August 12th, 1997 • American Capital Strategies LTD • District of Columbia
EXHIBIT 2.i.24 OPTIONEE: MALON WILKUS DATE OF EXERCISE: 3/2/01 OPTION PRICE: $22.875 COVERED SHARES: 50,000 AMERICAN CAPITAL STRATEGIES, LTD. 1997 STOCK OPTION PLAN 2000 EMPLOYEE STOCK OPTION PLAN STOCK OPTION EXERCISE AGREEMENT 1. DEFINITIONS. In...American Capital Strategies LTD • May 29th, 2001 • Maryland
INDENTURE between AMERICAN CAPITAL STRATEGIES, LTD. and Wells Fargo Bank, National Association, as Trustee Dated as of April 26, 2007 Providing for Issuance of Debt Securities in SeriesIndenture • April 26th, 2007 • American Capital Strategies LTD • New York
INDENTURE, dated as of April 26, 2007, between American Capital Strategies, Ltd., a Delaware corporation (the “Company”), having its principal office at 2 Bethesda Metro Center, 14th Floor, Bethesda, MD 20814, and Wells Fargo Bank, National Association, as trustee (the “Trustee”).
PURCHASE NOTEAmerican Capital Strategies LTD • July 9th, 1999
FOR VALUE RECEIVED, the undersigned, Stephen L. Hester (the "Optionee"), hereby promises to pay to AMERICAN CAPITAL STRATEGIES, LTD., and its successors and assigns (the "Holder"), the principal sum of THREE HUNDRED THOUSAND DOLLARS ($300,000), with interest thereon, on the terms and conditions set forth in the Exercise Agreement (as defined herein).
STOCK PURCHASE AGREEMENTStock Purchase Agreement • August 15th, 2011 • American Capital, LTD • Real estate investment trusts • New York
This STOCK PURCHASE AGREEMENT (this “Agreement”) is dated as of August 3, 2011, by and among American Capital Mortgage Investment Corp., a Maryland corporation (the “Issuer”), and American Capital, Ltd., a Delaware corporation (the “Purchaser”).
Exhibit 1 Form of Underwriting Agreement [________________________] As Representative of the several Underwriters Ladies and Gentlemen: Introductory. American Capital Strategies, Ltd., a Delaware corporation (the "Company), proposes to issue and sell...American Capital Strategies LTD • August 6th, 1999 • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 17th, 2016 • American Capital, LTD • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of December 11, 2015 (the “Third Closing Date”), among ACAS Funding I, LLC, a Delaware limited liability company (the “Company” or the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”) and BANK OF AMERICA, N.A., as Administrative Agent.
REVOLVING NOTERevolving Note • June 23rd, 2005 • American Capital Strategies LTD
This Revolving Note is one of the Revolving Notes issued pursuant to that certain Credit Agreement dated as of June 17, 2005, by and among Borrower, Administrative Agent, Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto, and as from time to time amended, restated, supplemented or otherwise modified, the “Credit Agreement”), and is entitled to the benefit and security of the Credit Agreement and all of the other Credit Documents referred to therein. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Revolving Loan evidenced hereby is made and is to be repaid. The date and amount of each Revolving Loan made by Lenders to Borrower, the rates of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Administrative Agent on its books; provided that the failure of Administrative Agent to make an
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2003 • American Capital Strategies LTD • Maryland
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of March 28, 2003 (the "Effective Date"), by and between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (the "Company"), and Gordon O'Brien (the "Executive").
INDENTURE by and between ACAS BUSINESS LOAN TRUST 2007-1, as the Issuer, and WELLS FARGO BANK, NATIONAL ASSOCIATION, not in its individual capacity but solely in its capacity as the Indenture Trustee Dated as of April 24, 2007Indenture • August 9th, 2007 • American Capital Strategies LTD • New York
THIS INDENTURE, dated as of April 24, 2007 (as amended, modified, restated, replaced, substituted, supplemented, waived or extended from time to time, the “Indenture”), is by and between ACAS BUSINESS LOAN TRUST 2007-1, a Delaware statutory trust, as the issuer (together with its successors and assigns, in such capacity, the “Issuer”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, not in its individual capacity but solely in its capacity as the indenture trustee (together with its successors and assigns, in such capacity, the “Indenture Trustee”).
