FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT THIS FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT ("Fifth Amendment") is made and entered into as of the 1st day of July, 2002, by and between Equus II Incorporated, a...Loan Agreement • April 10th, 2003 • Equus Ii Inc • Texas
EIGHTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT THIS EIGHTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT ("Eighth Amendment") is made and entered into as of the 14th day of February, 2003, by and between Equus II...Loan Agreement • April 10th, 2003 • Equus Ii Inc • Texas
SEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT THIS SEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT ("Seventh Amendment") is made and entered into as of the 1st day of January, 2003, by and between Equus II...Loan Agreement • April 10th, 2003 • Equus Ii Inc • Texas
FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT THIS FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT ("Fourth Amendment") is made and entered into as of the 27th day of July, 2001, by and between Equus II Incorporated, a...Loan Agreement • November 14th, 2001 • Equus Ii Inc • Texas
INDEMNIFICATION AGREEMENTIndemnification Agreement • March 16th, 2012 • Equus Total Return, Inc. • Delaware
This Indemnification Agreement (“Agreement”) is made as of the ___ day of ____, 201__, by and between Equus Total Return, Inc., a Delaware corporation (the “Company”), and ___________________________ (“Indemnitee”).
LOAN AGREEMENT Between EQUUS TOTAL RETURN, INC. and REGIONS BANK f/k/a EQUUS II INCORPORATED 3272 Westheimer, Suite #1 Houston, Texas 77019 August 18, 2006Loan Agreement • March 31st, 2008 • Equus Total Return, Inc. • Texas
THIS LOAN AGREEMENT (the “Loan Agreement”) will serve to set forth the terms of the financing transactions by and between EQUUS TOTAL RETURN, INC., formerly known as EQUUS II INCORPORATED, a Delaware corporation (“Borrower”), and REGIONS BANK, an Alabama state banking corporation (“Lender”):
PURCHASE AND SALE AGREEMENT dated as of April 21, 2011 between EQUUS TOTAL RETURN, INC. AND KEKOVIA ENTERPRISES COMPANY LIMITED PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • May 16th, 2011 • Equus Total Return, Inc. • New York
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of April 21, 2011 by and between Equus Total Return, Inc., a Delaware corporation (“Buyer”) and Kekovia Enterprises Company Limited a Cyprus corporation (“Seller”). Capitalized terms used herein but not otherwise defined shall have the meanings set forth in Article I of this Agreement.
REVOLVING CREDIT NOTEEquus Total Return, Inc. • November 14th, 2008
AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT dated as of May 9, 2011 between EQUUS TOTAL RETURN, INC. AND KHAN INVESTMENTS LTD. AMENDED AND RESTATED PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • May 16th, 2011 • Equus Total Return, Inc. • New York
THIS AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of May 9, 2011, is by and between Equus Total Return, Inc., a Delaware corporation (“Buyer”) and Khan Investments Ltd., a Dubai corporation (“Seller”). Capitalized terms used herein but not otherwise defined shall have the meanings set forth in Article I of this Agreement.
TENTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENTAnd Restated Loan Agreement • March 30th, 2004 • Equus Ii Inc • Texas
THIS TENTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT (“Tenth Amendment”) is made and entered into as of the 30th day of September, 2003, by and between Equus II Incorporated, a Delaware corporation, with offices and place of business at 2929 Allen Parkway, Houston, Texas 77019 (hereinafter called “Borrower”) and Banc of America Strategic Solutions, Inc. (assignee of BANK OF AMERICA, N.A. pursuant to that certain Assignment and Assumption dated September 5, 2003), with offices at 101 North Tryon Street, NC1-001-13-26, Charlotte, North Carolina 28255 (hereinafter called “Lender”). For and in consideration of the mutual covenants and agreements herein contained, Borrower and Lender hereby amend as of the date of this Agreement that certain Second Amended and Restated Loan Agreement between Borrower and Lender dated as of the 1st day of June, 1999, as previously amended (“Loan Agreement”), in the following respects:
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • November 14th, 2008 • Equus Total Return, Inc. • Texas
THIS PLEDGE AND SECURITY AGREEMENT (“Agreement”) is made as of the 13th day of August, 2008, by EQUUS TOTAL RETURN, INC., Delaware corporation (hereinafter called “Debtor”), whose place of business, and chief executive office (as those terms are used in the Code) is located at 2727 Allen Parkway, Suite 1300, Houston, Texas 77019 and whose organizational identification number issued by the appropriate authority of the State of Delaware is 2271275, and whose federal taxpayer identification number is 76-0345915, in favor of AMEGY BANK NATIONAL ASSOCIATION, a national banking association (“Secured Party”), whose address is 4400 Post Oak Parkway, Houston, Harris County, Texas 77027, or at such other address or addresses as Secured Party may from time to time designate in writing to Debtor. Debtor hereby agrees with Secured Party as follows:
Joint Filing AgreementJoint Filing Agreement • April 5th, 2010 • Equus Total Return, Inc.
This Agreement may be executed in any number of counterparts each of which shall be deemed an original and all of which together shall be deemed to constitute one and the same Agreement.
NINTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENTAnd Restated Loan Agreement • March 30th, 2004 • Equus Ii Inc • Texas
THIS NINTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT (“Ninth Amendment”) is made and entered into as of the 31st day of May, 2003, by and between Equus II Incorporated, a Delaware corporation, with offices and place of business at 2929 Allen Parkway, Houston, Texas 77019 (hereinafter called “Borrower”) and Bank of America, N.A., a national banking association, with offices at 101 North Tryon Street, NC1-001-13-26, Charlotte, North Carolina 28255 (hereinafter called “Lender”). For and in consideration of the mutual covenants and agreements herein contained, Borrower and Lender hereby amend as of the date of this Agreement that certain Second Amended and Restated Loan Agreement between Borrower and Lender dated as of the 1st day of June, 1999, as previously amended (“Loan Agreement”), in the following respects:
PURCHASE AND SALE AGREEMENT Effective as of May 12, 2023 by and between PRO ENERGY I LLC as “Seller,” and MORGAN E&P, LLC, as “Buyer”Purchase and Sale Agreement • May 25th, 2023 • Equus Total Return, Inc.
This Purchase and Sale Agreement (this “Agreement”), dated this 12th day of May 2023, is by and between PRO ENERGY I LLC, a Kansas limited liability company (“Seller”), and MORGAN E&P, LLC, a Delaware limited liability company (“Buyer”). Buyer and Seller may be referred to herein collectively as the “Parties” or individually as a “Party.”
FIRST EXTENSION AND MODIFICATION AGREEMENTFirst Extension and Modification Agreement • May 14th, 2010 • Equus Total Return, Inc. • Texas
This First Extension and Modification Agreement (this “Agreement”) is dated effective as of February 15, 2010, between AMEGY BANK NATIONAL ASSOCIATION, a national banking association, (“Lender”), and EQUUS TOTAL RETURN, INC., a Delaware corporation (“Borrower”).
FORM OF RELEASE AGREEMENTForm of Release Agreement • March 28th, 2005 • Equus Ii Inc • Delaware
This Release Agreement (“Agreement”) is entered into by and between (i) (“Officer”) and (ii) Equus II Incorporated (“Fund”) on behalf of and for the benefit of the Fund and its affiliates, subsidiaries, entities under common control, predecessors, board of directors, agents, employees, successors, and assigns (each a “Fund Party” and collectively, the “Fund Parties”), as of the date indicated below.
LOAN AGREEMENTLoan Agreement • March 30th, 2004 • Equus Ii Inc • Texas
THIS LOAN AGREEMENT (the “Loan Agreement”) will serve to set forth the terms of the financing transactions by and between EQUUS II INCORPORATED, a Delaware corporation (“Borrower”), and THE FROST NATIONAL BANK, a national banking association (“Lender”):
INVESTMENT ADVISORY AGREEMENT Between MOORE CLAYTON CAPITAL ADVISERS, INC. And EQUUS II INCORPORATED Dated June 30, 2005Investment Advisory Agreement • August 15th, 2005 • Equus Ii Inc • Texas
Agreement dated as of June 30, 2005 (the “Agreement”), by and between Moore Clayton Capital Advisers, Inc., a Delaware corporation (the “Adviser”), and Equus II Incorporated, a Delaware corporation (the “Company”).
SECOND MODIFICATION AGREEMENTSecond Modification Agreement • May 16th, 2005 • Equus Ii Inc • Texas
THIS SECOND MODIFICATION AGREEMENT (“Agreement”) is entered into this day of March, 2005, but to be effective as of the 31st day of March, 2005, by and between THE FROST NATIONAL BANK, a national banking association (“Lender”), and EQUUS II INCORPORATED, a Delaware corporation (“Borrower”).
SAFEKEEPING AGREEMENT (CORPORATE — NO FOREIGN SECURITIES)Safekeeping Agreement • March 28th, 2005 • Equus Ii Inc • Texas
THIS SAFEKEEPING AGREEMENT (this “Agreement”) is entered into as of the 15th day of March, 2004, by and between THE FROST NATIONAL BANK, a national banking association organized and existing under the laws of the United States of America (the “Bank”) and EQUUS II INCORPORATED, a Delaware corporation (the “Depositor”). The Bank and the Depositor agree that all securities and/or other property deposited with and accepted by Bank (“Security”) shall be governed by the terms and conditions herein set forth, and agree to the following:
EXHIBIT 10(j) Equus II Incorporated 2929 Allen Parkway, Suite 2500 Houston, Texas 77019 April 30, 1998 NationsBank of Texas, N.A. 700 Louisiana Houston, Texas 77002 Re: Safekeeping Agreement Gentlemen: The purpose of this correspondence is to evidence...Equus Ii Inc • May 13th, 1998
The purpose of this correspondence is to evidence that Equus II Incorporated, a Delaware corporation (the "Fund"), which has elected to be a business development company under Section 54 of the Investment Company Act of 1940, as amended (the "Investment Company Act"), has appointed NationsBank of Texas, N.A. , a national banking association (the "Bank"), and the Bank has agreed to serve, as the safekeeping agent for the securities and similar investments of the Fund.
TWELFTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENTAnd Restated Loan Agreement • March 30th, 2004 • Equus Ii Inc • Texas
THIS TWELFTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT (“Twelfth Amendment”) is made and entered into as of the 30 day of January, 2004, by and between Equus II Incorporated, a Delaware corporation, with offices and place of business at 2929 Allen Parkway, Houston, Texas 77019 (hereinafter called “Borrower”) and Banc of America Strategic Solutions, Inc., with offices at 101 North Tryon Street, NC1-001-13-26, Charlotte, North Carolina 28255 (hereinafter called “Lender”). For and in consideration of the mutual covenants and agreements herein contained, Borrower and Lender hereby amend as of the date of this Agreement that certain Second Amended and Restated Loan Agreement between Borrower and Lender dated as of the 1st day of June, 1999, as previously amended (“Loan Agreement”), in the following respects:
EQUUS II INCORPORATED STOCK OPTION AGREEMENTStock Option Agreement • February 7th, 2005 • Equus Ii Inc
THIS STOCK OPTION AGREEMENT the (“Option Agreement”), between the Participant identified below (the “Participant”), and Equus II Incorporated (hereinafter referred to as the “Company”):
amendment No. 1 to share exchange agreementExchange Agreement • April 24th, 2017 • Equus Total Return, Inc.
This Amendment No. 1 to Share Exchange Agreement (this “Amendment”) is dated as of April 24, 2017, and is between Equus Total Return, Inc., a Delaware Corporation (“Equus”) and MVC Capital, Inc., a Delaware Corporation (“MVC”). Equus and MVC are sometimes referred to individually as a “Party” and collectively as the “Parties.”
ADMINISTRATION AGREEMENT By and Between EQUUS II INCORPORATED And EQUUS CAPITAL ADMINISTRATION COMPANY, INC. Dated June 30, 2005Administration Agreement • August 15th, 2005 • Equus Ii Inc • Texas
THIS AGREEMENT dated as of June 30, 2005 (this “Agreement”), by and between Equus II Incorporated, a Delaware corporation (the “Company”), and Equus Capital Administration Company, Inc., a Delaware corporation (the “Administrator”).
ELEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENTAnd Restated Loan Agreement • March 30th, 2004 • Equus Ii Inc • Texas
THIS ELEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT (“Eleventh Amendment”) is made and entered into as of the 25th day of November, 2003, by and between Equus II Incorporated, a Delaware corporation, with offices and place of business at 2929 Allen Parkway, Houston, Texas 77019 (hereinafter called “Borrower”) and Banc of America Strategic Solutions, Inc. (assignee of BANK OF AMERICA, N.A. pursuant to that certain Assignment and Assumption dated September 5, 2003), with offices at 101 North Tryon Street, NC1-001-13-26, Charlotte, North Carolina 28255 (hereinafter called “Lender”). For and in consideration of the mutual covenants and agreements herein contained, Borrower and Lender hereby amend as of the date of this Agreement that certain Second Amended and Restated Loan Agreement between Borrower and Lender dated as of the 1st day of June, 1999, as previously amended (“Loan Agreement”), in the following respects:
SHARE EXCHANGE AGREEMENT BETWEEN EQUUS TOTAL RETURN, INC. ANDShare Exchange Agreement • May 15th, 2014 • Equus Total Return, Inc. • New York
This SHARE EXCHANGE AGREEMENT (this "Agreement") is entered into as of the 14th day of May, 2014, by and between Equus Total Return, Inc., a Delaware corporation (“Equus”), and MVC Capital, Inc., a Delaware corporation (“MVC”). Equus and MVC are referred to collectively herein as the "Parties" and individually as a "Party."
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • March 30th, 2004 • Equus Ii Inc • Texas
THIS PLEDGE AND SECURITY AGREEMENT (“Agreement”) is made as of the 15th day of March, 2004, by EQUUS II INCORPORATED, a Delaware corporation (hereinafter called “Debtor,”), whose place of business, and chief executive office (as those terms are used in the Code) is located at 2929 Allen Parkway, Suite 2500, Houston, Texas 77019 and whose organizational identification number issued by the appropriate authority of the State of Delaware is 2271275, and whose federal taxpayer identification number is 76-0345915, in favor of THE FROST NATIONAL BANK, a national banking association (“Secured Party”), whose address is P.O. Box 1600, San Antonio, Texas 78296. Debtor hereby agrees with Secured Party as follows:
INSTITUTIONAL CUSTODY CUSTODIAL AGREEMENTCustodial Agreement • March 31st, 2009 • Equus Total Return, Inc. • Texas
The undersigned account holder (referred to as “Customer”, even if more than one holder signs below) hereby establishes a custodial account (“Account”) with Amegy Bank National Association. (“Custodian”). Customer designates Custodian, to serve as custodian of the Account; and makes the designations, elections and declarations set forth below; and agrees to be bound by each of the provisions set forth in the terms and conditions of Custodial Agreement (this “Agreement”). Customer agrees that Custodian shall be entitled to treat the title issue Account and any deposit account to and from which Custodian is directed to debit or credit with respect to transactions relating to the Account as being titled and styled the same as the Account with identical ownership interests notwithstanding any joint account holders of such deposit account and Customer shall be solely responsible to account to any joint account holder as to such person’s interest in such deposit account.
