Shares Patriot Capital Funding, Inc. Common Stock FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • July 27th, 2005 • Patriot Capital Funding, Inc. • New York
Introductory. Patriot Capital Funding, Inc., (the “Company”) a Delaware corporation, proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) an aggregate of [ ] shares of its common stock, par value $0.01 per share (the “Shares”); and the stockholders of the Company named in Schedule B (the “Selling Stockholders”) propose to sell to the Underwriters an aggregate of [ ] Shares. The [ ] Shares to be sold by the Company and the [ ] Shares to be sold by the Selling Stockholders are collectively called the “Firm Shares.” In addition, the Company and the Selling Stockholders have granted to the Underwriters an option to purchase up to an additional [ ] Shares (the “Optional Shares”), as provided in Section 2. The Firm Shares and, if and to the extent such option is exercised, the Optional Shares are collectively called the “Offered Shares.” A.G. Edwards & Sons, Inc. (“A.G. Edwards”) has agreed to act as representative of the several Underwriters (in su
FORM OF TERMINATION OF CONSULTING AGREEMENTTermination of Consulting Agreement • July 27th, 2005 • Patriot Capital Funding, Inc.
This TERMINATION AGREEMENT (“Agreement”) is made and entered into as of the ___day of ___, 2005, by and among PATRIOT CAPITAL FUNDING, INC. (“Patriot”), a Delaware corporation, and PHILAN LLC (“Philan”), a Connecticut limited liability company.
FORM OF AGREEMENT OF MERGERForm of Agreement of Merger • July 27th, 2005 • Patriot Capital Funding, Inc. • Delaware
THIS AGREEMENT OF MERGER (the “Agreement”), is made and entered into as of __________________, 2005 by and between Patriot Capital Funding, Inc., a Delaware corporation (the “Corporation”), and Wilton Funding, LLC, a Delaware limited liability company (the “Company”).
Consent, Waiver And AgreementConsent, Waiver and Agreement • July 27th, 2005 • Patriot Capital Funding, Inc.
WHEREAS, Holdings desires to merge (the “Merger”) Wilton with and into Patriot, with Patriot as the surviving entity (the “Surviving Entity”) and, immediately thereafter, cause the Surviving Entity to (i) effect a stock split (the “Stock Split”) and (ii) offer shares of common stock in a qualified initial public offering pursuant to a registration statement filed with the Securities and Exchange Commission (the “QIPO” and, together with the Merger and the Stock Split, the “Transaction”):
FORM OF TERMINATION OF CONSULTING AGREEMENTTermination of Consulting Agreement • July 27th, 2005 • Patriot Capital Funding, Inc.
This TERMINATION AGREEMENT (“Agreement”) is made and entered into as of the ___day of ___, 2005, by and among PATRIOT CAPITAL FUNDING, INC. (“Patriot”), a Delaware corporation, and KILGORE CONSULTING CPM LLC (“Kilgore”), a Connecticut limited liability company.
