CREDIT AND GUARANTY AGREEMENT Among BENEFICIENT FINANCING, L.L.C., as Borrower BENEFICIENT COMPANY HOLDINGS, L.P., as Guarantor, THE LENDERS FROM TIME TO TIME PARTY HERETO and HH-BDH LLC, as Administrative Agent DATED AS OF OCTOBER 19, 2023Credit Agreement • October 20th, 2023 • Beneficient • Finance services • New York
THIS CREDIT AND GUARANTY AGREEMENT (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of October 19, 2023, is among Beneficient Financing, L.L.C., a limited liability company formed under the laws of the State of Delaware (“Borrower”), Beneficient Company Holdings, L.P., a limited partnership organized under the laws of the State of Delaware (“Guarantor”), the lenders from time to time party hereto (collectively, the “Lenders” and each, individually, a “Lender”), and HH-BDH LLC, a limited liability company formed under the laws of the State of Delaware, as Administrative Agent.
October 19, 2023 Hicks Holdings Operating LLC Dallas, TX 75201 Attn: Thomas O. Hicks Mr. Hicks:Beneficient • October 20th, 2023 • Finance services
HH-BDH LLC, a Delaware limited liability company (“HH-BDH”), has agreed to make a loan (the “HH-BDH Loan”) to Beneficient Financing, L.L.C. (the “Borrower”) evidenced by that certain Credit and Guaranty Agreement (“Credit Agreement”), dated as of the date hereof, by and among the Borrower, Beneficient Company Holdings, L.P. (the “Guarantor”) and HH-BDH. The HH-BDH Loan is secured, in part, by a pledge of certain alternative assets held by the Guarantor or a subsidiary thereof.
