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”).
Form of Underwriting Agreement Dated _________, 200_Underwriting Agreement • April 26th, 2007 • American Capital Strategies LTD • New York
Counterparties only deliver such shares of Common Stock to close out open borrowings created in the course of the hedging activities created by the Forward Counterparties, or their affiliates, relating to their exposure under the Forward Agreements in compliance with paragraph (a) under the caption “Covenants of Party A” contained in the Forward Agreements.
AMENDED AND RESTATED CUSTODIAN AGREEMENTCustodian Agreement • April 26th, 2007 • American Capital Strategies LTD • New York
This Amended and Restated Custodian Agreement, dated as of February 2, 2007 (this “Agreement”), by and between American Capital Strategies, Ltd. (“ACAS”) and Wells Fargo Bank, National Association (successor-by-merger to Wells Fargo Bank Minnesota, National Association), as custodian (the “Custodian”).
