AGREEMENT AND PLAN OF MERGER among MIDCAP FINANCIAL INVESTMENT CORPORATION, AIF MERGER SUB, INC., APOLLO TACTICAL INCOME FUND INC. and APOLLO INVESTMENT MANAGEMENT, L.P. (for the limited purposes set forth herein) Dated as of November 7, 2023Agreement and Plan of Merger • November 7th, 2023 • MidCap Financial Investment Corp • Maryland
This AGREEMENT AND PLAN OF MERGER, dated as of November 7, 2023 (this “Agreement”), is made by and among MidCap Financial Investment Corporation, a Maryland corporation (the “Acquiror”), AIF Merger Sub, Inc., a Maryland corporation and a wholly-owned direct Consolidated Subsidiary of the Acquiror (“Merger Sub”), Apollo Tactical Income Fund Inc., a Maryland corporation (the “Company”), and, solely for purposes of Article V, Section 7.17, Section 8.3 and Article XI, Apollo Investment Management, L.P., a Delaware limited partnership and the investment adviser to the Acquiror (the “Acquiror Adviser”).
