INVESTMENT ADVISORY AGREEMENT BETWEEN WHITEHORSE FINANCE, INC. ANDInvestment Advisory Agreement • November 8th, 2012 • WhiteHorse Finance, LLC • New York
This Investment Advisory Agreement is made this [ ] day of [ ], 2012 (this “Agreement”), by and between WHITEHORSE FINANCE, INC., a Delaware corporation (the “Corporation”), and H.I.G. WHITEHORSE ADVISERS, LLC, a Delaware limited liability company (the “Adviser”).
COLLATERAL MANAGEMENT AGREEMENT dated as of September 27, 2012 by and between WHITEHORSE FINANCE WAREHOUSE, LLC, as Borrower and WHITEHORSE FINANCE, LLC, as Collateral ManagerCollateral Management Agreement • November 8th, 2012 • WhiteHorse Finance, LLC • New York
THIS COLLATERAL MANAGEMENT AGREEMENT (this “Agreement”), dated as of September 27, 2012, is entered into by and between WHITEHORSE FINANCE WAREHOUSE, LLC, a Delaware limited liability company (together with its successors and assigns permitted hereunder, the “Borrower”), and WHITEHORSE FINANCE, LLC, a Delaware limited liability company (“WhiteHorse Finance” and in its capacity as Collateral Manager, and together with its successors (including any successor by conversion in connection with its BDC Election Date) and its assigns permitted hereunder, the “Collateral Manager”).
REVOLVING CREDIT AND SECURITY AGREEMENT among WHITEHORSE FINANCE WAREHOUSE, LLC, as Borrower, THE LENDERS FROM TIME TO TIME PARTIES HERETO, NATIXIS, NEW YORK BRANCH, as Facility Agent and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Collateral...Credit and Security Agreement • November 8th, 2012 • WhiteHorse Finance, LLC • New York
REVOLVING CREDIT AND SECURITY AGREEMENT dated as of September 27, 2012 among WHITEHORSE FINANCE WAREHOUSE, LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, the “Borrower”); the LENDERS from time to time party hereto; NATIXIS, NEW YORK BRANCH (“Natixis”), as facility agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Facility Agent”) and THE BANK OF NEW YORK MELLON, N.A., as collateral agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Collateral Agent”).
TERM LOAN NOTEWhiteHorse Finance, LLC • November 8th, 2012
AMENDED AND RESTATED LOAN SALE AND CONTRIBUTION AGREEMENT by and between WHITEHORSE FINANCE, LLC, as the Seller and WHITEHORSE FINANCE WAREHOUSE, LLC, as the Buyer Dated as of September 27, 2012Loan Sale and Contribution Agreement • November 8th, 2012 • WhiteHorse Finance, LLC • New York
THIS AMENDED AND RESTATED LOAN SALE AND CONTRIBUTION AGREEMENT, dated as of September 27, 2012 (as amended, modified, supplemented or restated from time to time, this “Agreement”), is between WHITEHORSE FINANCE, LLC, a Delaware limited liability company (together with its successors (including any successor by conversion in connection with the BDC Election Date) and assigns, “Parent,” and in its capacity as seller hereunder, together with its successors (including any successor by conversion in connection with the BDC Election Date) and assigns, the “Seller”) and WHITEHORSE FINANCE WAREHOUSE, LLC, a Delaware limited liability company (together with its successors and assigns, the “Buyer”).
WHITEHORSE FINANCE, LLC, as Borrower TERM LOAN AGREEMENT CITIBANK, N. A., as Administrative Agent and Sole Lead Arranger, and LENDERS NAMED HEREIN as Lenders DATE OF AGREEMENT: November [ ], 2012Term Loan Agreement • November 8th, 2012 • WhiteHorse Finance, LLC • New York
THIS TERM LOAN AGREEMENT, dated as of November [ ], 2012, by and among WHITEHORSE FINANCE, LLC, a Delaware limited liability company, as borrower (the “Borrower”), CITIBANK, N. A., a national banking association (in its individual capacity, “Citibank”), as a Lender (as hereinafter defined) and as Administrative Agent (as hereinafter defined) for Lenders, and each of the other lending institutions that becomes a Lender hereunder.
FORM OF CUSTODY AGREEMENTElectronic Access Services Agreement • November 8th, 2012 • WhiteHorse Finance, LLC • New York
AGREEMENT, dated as of between WHITEHORSE FINANCE, INC., a Delaware limited liability company having its principal office and place of business at 1450 Brickell Avenue, 31st Floor, Miami, Florida 33131 (the “Fund”) and THE BANK OF NEW YORK MELLON, a New York corporation authorized to do a banking business having its principal office and place of business at One Wall Street, New York, New York 10286 (“Custodian”).
RETENTION OF NET ECONOMIC INTEREST LETTER [Letterhead]Credit Agreement • November 8th, 2012 • WhiteHorse Finance, LLC
SUBSCRIPTION AGREEMENT WHITEHORSE FINANCE, INC.Subscription Agreement • November 8th, 2012 • WhiteHorse Finance, LLC • Delaware
