American Capital Strategies LTD Sample Contracts

ARTICLE 1 DEFINITIONS AND INTERPRETATIONS
Employment Agreement • May 29th, 2001 • American Capital Strategies LTD • Maryland
Recitals
Escrow Agreement • May 17th, 1999 • American Capital Strategies LTD • New York
Exhibit 10.1 CREDIT AGREEMENT dated as of October 30, 1998
Credit Agreement • April 1st, 1999 • American Capital Strategies LTD • Illinois
ARTICLE 1 DEFINITIONS
Custodian Agreement • August 29th, 1997 • American Capital Strategies LTD • Maryland
Exhibit 10.1 PURCHASE AND SALE AGREEMENT Dated as of March 31, 1999
Purchase and Sale Agreement • May 17th, 1999 • American Capital Strategies LTD • New York
INDENTURE between AMERICAN CAPITAL, LTD. and as Trustee Dated as of June 19, 2013
Indenture • 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

TRUST AGREEMENT
Trust Agreement • May 17th, 1999 • American Capital Strategies LTD
RECITALS
Credit Agreement • April 1st, 1999 • American Capital Strategies LTD • Illinois
ARTICLE I DEFINITIONS AND INTERPRETATIONS
Employment Agreement • May 29th, 2001 • American Capital Strategies LTD • Maryland
LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF ACAS BUSINESS LOAN LLC, 2000-1
Limited Liability Company Operating Agreement • April 2nd, 2001 • American Capital Strategies LTD • Delaware
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 Series
Indenture • 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”).

Exhibit 2.h.1 American Capital Strategies, Ltd. 8,400,000 Shares of Common Stock UNDERWRITING AGREEMENT
Warrant Agreement • August 29th, 1997 • American Capital Strategies LTD • New York
MANAGEMENT AGREEMENT by and between American Capital Mortgage Investment Corp. and American Capital MTGE Management, LLC Dated as of August 9, 2011
Management 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 AGREEMENT
Employment 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 AGREEMENT
Registration 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”).

PURCHASE NOTE
American Capital Strategies LTD • May 29th, 2001 • Maryland

FOR VALUE RECEIVED, the undersigned, Roland Cline (the "Optionee"), hereby promises to pay to AMERICAN CAPITAL STRATEGIES, LTD., and its successors and assigns (the "Holder"), the principal sum of ONE HUNDRED SEVENTY-FIVE THOUSAND SIX AND 43/100 DOLLARS ($175,006.43), with interest thereon, on the terms and conditions set forth in the Exercise Agreement (as defined herein).

STOCK PURCHASE AGREEMENT
Stock 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”).

SECOND AMENDED AND RESTATED CREDIT AGREEMENT
Credit 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.

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, 2007
Indenture • 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”).

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment 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").

LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF ACAS BUSINESS LOAN LLC, 2005-1
Limited Liability Company Operating Agreement • November 9th, 2005 • American Capital Strategies LTD • Delaware
ACAS TRANSFER AGREEMENT between AMERICAN CAPITAL STRATEGIES, LTD., as the Originator, and ACAS BUSINESS LOAN LLC, 2007-1, as the Trust Depositor Dated as of April 24, 2007
Acas Transfer Agreement • August 9th, 2007 • American Capital Strategies LTD • New York

THIS ACAS TRANSFER AGREEMENT, dated as of April 24, 2007, is between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (together with its successors and assigns, “ACAS”), as the originator (together with its successor and assigns, the “Originator”) and ACAS BUSINESS LOAN LLC, 2007-1, a Delaware limited liability company, as the trust depositor (together with its successor and assigns, the “Trust Depositor”).

SECURITY AGREEMENT dated as of October 30, 2014 between
Security Agreement • March 2nd, 2015 • American Capital, LTD • New York

This SECURITY AGREEMENT (this “Agreement”) dated as of October 30, 2014 between ACAS FUNDING II, LLC, as Borrower, and DEUTSCHE BANK AG, NEW YORK BRANCH, as Administrative Agent.

AMENDED AND RESTATED TRUST AGREEMENT by and among ACAS BUSINESS LOAN LLC, 2007-1, as the Trust Depositor, WILMINGTON TRUST COMPANY, as the Owner Trustee, Certificate Registrar, and Paying Agent, and AMERICAN CAPITAL STRATEGIES, LTD., as the Servicer...
Trust Agreement • August 9th, 2007 • American Capital Strategies LTD • Delaware

THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of April 24, 2007 (such agreement as amended, modified, supplemented, or restated from time to time, the “Agreement”), is among ACAS BUSINESS LOAN LLC, 2007-1, a Delaware limited liability company, as the Trust Depositor (together with its successors and assigns, the “Trust Depositor”), WILMINGTON TRUST COMPANY, as the Owner Trustee (together with its successors and assigns, the “Owner Trustee”) and AMERICAN CAPITAL STRATEGIES, LTD., as the Servicer (together with its successors and assigns, the “Servicer”) and amends and restates in its entirety the Trust Agreement, dated as of April 9, 2007 (the “Original Trust Agreement”), between the parties hereto.

THIRD AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT by and between ACS FUNDING TRUST I, as the Buyer and AMERICAN CAPITAL STRATEGIES, LTD., as the Seller Dated as of September 23, 2005
Purchase and Sale Agreement • September 28th, 2005 • American Capital Strategies LTD • New York

THIS THIRD AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the “Agreement”), is dated as of September 23, 2005, by and between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation, as the seller (together with its successors and assigns in such capacity, (the “Seller”), and ACS FUNDING TRUST I, a Delaware statutory trust, as the buyer (together with its successors and assigns in such capacity the “Buyer”).

TRANSFER AND SERVICING AGREEMENT by and among ACAS BUSINESS LOAN TRUST 2007-1, as the Issuer, ACAS BUSINESS LOAN LLC, 2007-1, as the Trust Depositor, AMERICAN CAPITAL STRATEGIES, LTD., as the Originator and as the Servicer, and WELLS FARGO BANK,...
Transfer and Servicing Agreement • August 9th, 2007 • American Capital Strategies LTD • New York

WHEREAS, in the regular course of its business, the Originator originates, purchases and/or acquires Loans (as defined herein);

Contract
Underwriting Agreement • March 27th, 2007 • American Capital Strategies LTD • New York

Citigroup Global Markets Inc. Wachovia Capital Markets, LLC Credit Suisse Securities (USA) LLC Bear, Stearns & Co. Inc. Goldman, Sachs & Co. BB&T Capital Markets, a division of Scott & Stringfellow, Inc. Wells Fargo Securities, LLC