AMENDMENT NO. 1 TO THE PURCHASE AND SALE AGREEMENTThe Purchase and Sale Agreement • December 5th, 2011 • Fifth Street Finance Corp
This AMENDMENT NO. 1 TO THE PURCHASE AND SALE AGREEMENT (this “Amendment”), is dated as of November 30, 2011, between Fifth Street Funding, LLC, as the purchaser (in such capacity, the “Purchaser”) and Fifth Street Finance Corp., as the seller (in such capacity, the “Seller”). Capitalized terms used but not defined herein have the meanings provided in the Purchase and Sale Agreement (as defined below).
AMENDMENT NO. 3 TO THE AMENDED AND RESTATED LOAN AND SERVICING AGREEMENTLoan and Servicing Agreement • December 5th, 2011 • Fifth Street Finance Corp
This AMENDMENT NO. 3 TO THE AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT (this “Amendment”), is dated as of November 30, 2011, among Fifth Street Funding, LLC, as the borrower (in such capacity, the “Borrower”), Fifth Street Finance Corp., as the transferor (in such capacity, the “Transferor”) and as the servicer (in such capacity, the “Servicer”), Wells Fargo Securities, LLC, as the administrative agent (in such capacity, the “Administrative Agent”), Wells Fargo Bank, N.A. (as successor by merger to Wachovia Bank, National Association), as lender (in such capacity, the “Lender”) and as lender agent (in such capacity, the “Lender Agent”), Wells Fargo Bank, N.A., as the collateral agent (in such capacity, the “Collateral Agent”), account bank (in such capacity, the “Account Bank”) and collateral custodian (in such capacity, the “Collateral Custodian”). Capitalized terms used but not defined herein have the meanings provided in the Loan and Servicing Agreement (as defined below).
