GLADSTONE CAPITAL CORPORATION Up to $100,000,000 of Common Stock AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • July 28th, 2023 • Gladstone Capital Corp • New York
Reference is made to the Equity Distribution Agreement, dated as of May 10, 2021 and amended on August 5, 2022 (the “Original Agreement”), by and among Gladstone Capital Corporation, a corporation organized under the laws of Maryland (the “Company”), Gladstone Management Corporation, a Delaware corporation registered as an investment adviser (the “Adviser”), Gladstone Administration, LLC, a Delaware limited liability company (the “Administrator”), and Jefferies LLC, pursuant to which the Company proposed to issue and sell through Jefferies LLC, from time to time during the term of the Original Agreement, on the terms and subject to the conditions set forth in the Original Agreement, shares of common stock of the Company, par value $0.001 per share. The Company, the Adviser, the Administrator, Jefferies LLC and Huntington Securities, Inc. (each individually an “Agent” and collectively, the “Agents”) wish to amend and restate the Original Agreement in its entirety as provided hereby.
