AMENDMENT NO. 2 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (VFCC Transaction with ACS Funding Trust I)Loan Funding and Servicing Agreement • May 10th, 2004 • American Capital Strategies LTD • New York
THIS AMENDMENT NO. 2 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of January 2, 2004 (this “Amendment”), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the “Borrower”), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the “Servicer”), VARIABLE FUNDING CAPITAL CORPORATION, as the conduit lender (in such capacity, the “Conduit Lender”), WACHOVIA CAPITAL MARKETS, LLC (f/k/a Wachovia Securities, Inc.), as the deal agent (in such capacity, the “Deal Agent”), WACHOVIA BANK, NATIONAL ASSOCIATION (“WBNA”), as the swingline lender (in such capacity, the “Swingline Lender”), WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, as the collateral custodian (in such capacity, the “Collateral Custodian”) and as the backup servicer (in such capacity, the “Backup Servicer”), and is acknowledged and agreed to by WACHOVIA BANK, NATIONAL ASSOCIATION, as the hedge counterparty (in such capacity, the “Hedge Counterparty”). Ca
CREDIT AGREEMENT dated as of March 25, 2004 among AMERICAN CAPITAL STRATEGIES, LTD., as Borrower and Servicer The Banks Listed Herein, WELLS FARGO BANK, NATIONAL ASSOCIATION, as the Backup Servicer and as the Collateral Custodian, and BRANCH BANKING...Credit Agreement • May 10th, 2004 • American Capital Strategies LTD • London
AGREEMENT dated as of March 25, 2004 among AMERICAN CAPITAL STRATEGIES, LTD., as the Borrower and Servicer, the BANKS listed on the signature pages hereof, WELLS FARGO BANK, NATIONAL ASSOCIATION, as the Backup Servicer and as the Collateral Custodian, and BRANCH BANKING AND TRUST COMPANY, as Administrative Agent.
AMENDMENT NO. 1 TO AMENDED AND RESTATED PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • May 10th, 2004 • American Capital Strategies LTD • New York
THIS AMENDMENT NO. 1 TO PURCHASE AND SALE AGREEMENT, dated as of April 22, 2004 (this “Amendment”), is entered into by and among ACS FUNDING TRUST I, as the buyer (the “Buyer”), and AMERICAN CAPITAL STRATEGIES, LTD., as the seller (the “Seller”). Capitalized terms used and not otherwise defined herein are used as defined in the Agreement (as defined below).
SECOND AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • May 10th, 2004 • American Capital Strategies LTD • New York
THIS SECOND AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT (as amended, modified, waived, supplemented or restated from time to time, the “Agreement”), dated as of March 25, 2004, is by and among:
SWING LINE NOTEAmerican Capital Strategies LTD • May 10th, 2004
This Note is the Swing Line Note referred to in the Credit Agreement dated as of March , 2004 among Borrower, the banks listed therein, Wells Fargo Bank, National Association, as the Backup Servicer and as the Collateral Custodian and Branch Banking and Trust Company, as Administrative Agent, Swing Line Lender and as a Bank (as the same may be amended or modified from time to time, the “Credit Agreement”). Terms defined in the Credit Agreement are used herein with the same meanings. Reference is made to the Credit Agreement for provisions for the prepayment and the repayment hereof and the acceleration of the maturity hereof.
AMENDMENT NO. 3 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (VFCC Transaction with ACS Funding Trust I)Loan Funding and Servicing Agreement • May 10th, 2004 • American Capital Strategies LTD • New York
THIS AMENDMENT NO. 3 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of April 22, 2004 (this “Amendment”), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the “Borrower”), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the “Servicer”), VARIABLE FUNDING CAPITAL CORPORATION, as the conduit lender (in such capacity, the “Conduit Lender”), WACHOVIA CAPITAL MARKETS, LLC (f/k/a Wachovia Securities, Inc.), as the deal agent (in such capacity, the “Deal Agent”), WACHOVIA BANK, NATIONAL ASSOCIATION (“WBNA”), as the swingline lender (in such capacity, the “Swingline Lender”), WELLS FARGO BANK, NATIONAL ASSOCIATION (as successor by merger to Wells Fargo Bank Minnesota, National Association), as the collateral custodian (in such capacity, the “Collateral Custodian”) and as the backup servicer (in such capacity, the “Backup Servicer”), and is acknowledged and agreed to by WACHOVIA BANK, NATIONAL ASSOCIATION, as the h
THIRD AMENDED AND RESTATED INTERCREDITOR AND LOCKBOX ADMINISTRATION AGREEMENT Dated as of March 25, 2004Intercreditor and Lockbox • May 10th, 2004 • American Capital Strategies LTD • New York
THIS THIRD AMENDED AND RESTATED INTERCREDITOR AND LOCKBOX ADMINISTRATION AGREEMENT, dated as of March 25, 2004 (as amended, modified, supplemented or restated from time to time, the “Agreement”), is by and among:
