CONTINUING GUARANTY AGREEMENTContinuing Guaranty Agreement • September 1st, 2009 • Allied Capital Corp • New York
This CONTINUING GUARANTY AGREEMENT (the “Guaranty”) is made and entered into as of the 28th day of August, 2009, by the undersigned Guarantor (whether one or more the “Guarantor”, and if more than one jointly and severally), in favor of U.S. BANK, NATIONAL ASSOCIATION, in its capacity as collateral agent (together with its permitted successors and assigns, the “Collateral Agent”) pursuant to the Intercreditor Agreement (as hereafter defined), for the benefit of the Secured Parties (as defined in the Intercreditor Agreement). Unless otherwise indicated herein, all terms used with their initial letter capitalized are used herein with their meaning as defined in the Intercreditor Agreement.
PLEDGE, ASSIGNMENT, AND SECURITY AGREEMENT Dated as of August 28, 2009 among ALLIED CAPITAL CORPORATION, as a Grantor, THE OTHER GRANTORS PARTY HERETO FROM TIME TO TIME, and U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent for the Secured PartiesAssignment, and Security Agreement • September 1st, 2009 • Allied Capital Corp • New York
THIS PLEDGE, ASSIGNMENT, AND SECURITY AGREEMENT (this “Security Agreement”) is executed as of August 28, 2009, by ALLIED CAPITAL CORPORATION, a Maryland corporation (“Borrower”), each of the Subsidiaries of Borrower set forth on the signature pages hereof (collectively with Borrower and any Additional Grantor (as hereafter defined), “Grantors”), and U.S. Bank National Association, a national banking association, solely in its capacity as collateral agent for the Secured Parties (as hereafter defined) pursuant to the Intercreditor Agreement (in such capacity as collateral agent, together with its permitted successors and/or assigns from time to time, “Collateral Agent”).
CONTINUING GUARANTY AGREEMENTContinuing Guaranty Agreement • September 1st, 2009 • Allied Capital Corp • New York
This CONTINUING GUARANTY AGREEMENT (the “Guaranty”) is made and entered into as of the 28th day of August, 2009, by the undersigned Guarantor (whether one or more the “Guarantor”, and if more than one jointly and severally), in favor of U.S. BANK, NATIONAL ASSOCIATION, in its capacity as collateral agent (together with its permitted successors and assigns, the “Collateral Agent”) pursuant to the Intercreditor Agreement (as hereafter defined), for the benefit of the Secured Parties (as defined in the Intercreditor Agreement). Unless otherwise indicated herein, all terms used with their initial letter capitalized are used herein with their meaning as defined in the Intercreditor Agreement.
Allied Capital Corporation Series A-1 Senior Notes Due June 15, 2010 Series A-2 Senior Notes Due June 15, 2010 Series B-1 Senior Notes Due June 15, 2011 Series B-2 Senior Notes Due June 15, 2011 Series C-1 Senior Notes Due March 31, 2012 Series C-2...Allied Capital Corp • September 1st, 2009 • New York
ALLIED CAPITAL CORPORATION (the “Company”), a Maryland corporation, agrees with each of the holders of Existing Notes (as defined below) whose names appear on Schedule A attached hereto (each, an “Existing Noteholder” and, collectively, the “Existing Noteholders”), which Existing Noteholders hold 100% of the Existing Notes, to this Amended, Restated and Consolidated Note Agreement (this “Agreement”) upon the terms and conditions set forth below:
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • September 1st, 2009 • Allied Capital Corp • New York
CONTRIBUTION AGREEMENTContribution Agreement • September 1st, 2009 • Allied Capital Corp
THIS CONTRIBUTION AGREEMENT (this “Agreement”) is made and entered into as of the 28th day of August, 2009, by and among ALLIED CAPITAL CORPORATION, a Maryland corporation (the “Borrower”), A.C. CORPORATION, a Delaware corporation, ALLIED CAPITAL HOLDINGS LLC, a Delaware limited liability company, ALLIED CAPITAL REIT, INC., a Maryland corporation, ACGP I, LLC, a Delaware limited liability company, ACKB LLC, a Delaware limited liability company, ACSM, LLC, a Delaware limited liability company, AC FINANCE LLC, a Delaware limited liability company, A.C. MANAGEMENT SERVICES, LLC, a Delaware limited liability company, ALLIED CAPITAL PROPERTY LLC, a Delaware limited liability company, AMP ADMIN LLC, a Delaware limited liability company and ALLIED ASSET HOLDINGS, LLC, a Delaware limited liability company (collectively, the “Guarantors” and together with the Borrower, the “Allied Entities”).
