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
Exhibit 10.1 CREDIT AGREEMENT dated as of October 30, 1998Credit Agreement • April 1st, 1999 • American Capital Strategies LTD • Illinois
ARTICLE 1 DEFINITIONSCustodian Agreement • August 29th, 1997 • American Capital Strategies LTD • Maryland
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
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
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
TRUST AGREEMENTTrust Agreement • May 17th, 1999 • American Capital Strategies LTD
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
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”).
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
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
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
PURCHASE NOTEAmerican 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 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”).
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.
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 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”).
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").
LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF ACAS BUSINESS LOAN LLC, 2005-1Limited 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, 2007Acas 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 betweenSecurity 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, 2005Purchase 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);
ContractUnderwriting 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