UNDERWRITING AGREEMENTUnderwriting Agreement • July 10th, 2013 • WhiteHorse Finance, Inc. • New York
The Notes will be issued under an indenture to be dated as of [●] (the “Indenture”), between the Company and American Stock Transfer & Trust Company, LLC, trustee (the “Trustee”). The Notes will be issued to Cede & Co., as nominee of the Depository Trust Company (“DTC”) pursuant to a blanket letter of representations to be dated on or prior to the Closing Date (as defined herein), between the Company and DTC.
FIRST AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • July 10th, 2013 • WhiteHorse Finance, Inc. • New York
This FIRST AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”) dated as of July [__], 2013, by and among WHITEHORSE FINANCE, INC., a Delaware corporation (f/k/a Whitehorse Finance, LLC) (the “Borrower”), H.I.G. BAYSIDE LOAN OPPORTUNITY FUND II, L.P., a Delaware limited partnership (the “Guarantor”), the Lenders and CITIBANK, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). All capitalized terms used and not otherwise defined in this Amendment shall have the meanings provided for such terms in Section 1.
WHITEHORSE FINANCE, INC., as Issuer, and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, Trustee INDENTURE Dated as of [ ], 2013 [ ]% Senior Notes due [ ] WHITEHORSE FINANCE, INC. Reconciliation and tie between Trust Indenture Act of 1939 and Indenture,...Indenture • July 10th, 2013 • WhiteHorse Finance, Inc. • New York
