LOAN FINANCING AND SERVICING AGREEMENT dated as of December 2, 2014 DUNLAP FUNDING LLC as Borrower THE LENDERS FROM TIME TO TIME PARTIES HERETO, DEUTSCHE BANK AG, NEW YORK BRANCH, as Administrative Agent THE OTHER AGENTS PARTIES HERETO, and WELLS...Loan Financing and Servicing Agreement • December 8th, 2014 • FS Investment Corp III • New York
THIS LOAN FINANCING AND SERVICING AGREEMENT is made and entered into as of December 2, 2014, among DUNLAP FUNDING LLC, a Delaware limited liability company (the “Borrower”), each LENDER (as hereinafter defined) FROM TIME TO TIME PARTY HERETO, the AGENTS for the Lender Groups (as hereinafter defined) from time to time parties hereto (each such party, in such capacity, together with their respective successors and permitted assigns in such capacity, an “Agent”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral Agent and Collateral Custodian (each as hereinafter defined), and DEUTSCHE BANK AG, NEW YORK BRANCH, as Administrative Agent (in such capacity, together with its successors and permitted assigns in such capacity, the “Administrative Agent”).
SALE AND CONTRIBUTION AGREEMENT between FS INVESTMENT CORPORATION III, as Seller and DUNLAP FUNDING LLC, as Purchaser Dated as of December 2, 2014Sale and Contribution Agreement • December 8th, 2014 • FS Investment Corp III • New York
This SALE AND CONTRIBUTION AGREEMENT, dated as of December 2, 2014 (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”), between FS Investment Corporation III, a Maryland corporation, as seller (in such capacity, the “Seller”) and Dunlap Funding LLC, a Delaware limited liability company, as purchaser (in such capacity, the “Purchaser”).
December 2, 2014 DUNLAP FUNDING LLC, as Pledgor WELLS FARGO BANK, NATIONAL ASSOCIATION, as Secured Party and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Securities Intermediary SECURITIES ACCOUNT CONTROL AGREEMENTSecurities Account Control Agreement • December 8th, 2014 • FS Investment Corp III • New York
SECURITIES ACCOUNT CONTROL AGREEMENT (this “Agreement”), dated as of December 2, 2014, among DUNLAP FUNDING LLC (the “Pledgor”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral Agent on behalf of the Secured Parties (each as defined in the Loan Agreement referred to below) (in such capacity, the “Secured Party”) and as securities intermediary (in such capacity, the “Securities Intermediary”).
INVESTMENT MANAGEMENT AGREEMENT dated as of December 2, 2014 BY AND BETWEEN DUNLAP FUNDING LLC, a Delaware limited liability company AND FS INVESTMENT CORPORATION III, a Maryland corporationInvestment Management Agreement • December 8th, 2014 • FS Investment Corp III • New York
This Investment Management Agreement (the “Agreement”), dated as of December 2, 2014, is made by and between DUNLAP FUNDING LLC (the “Company”), a Delaware limited liability company and FS INVESTMENT CORPORATION III (the “Investment Manager”), a Maryland corporation. Reference is made to that certain Loan Financing and Servicing Agreement, dated as of the date hereof, among the Company, the lenders (the “Lenders”) and agents (the “Agents”) referred to therein, Deutsche Bank AG, New York Branch, as administrative agent and arranger (the “Administrative Agent”) and Wells Fargo Bank, National Association, as collateral agent and collateral custodian (the “Collateral Agent”) (as the same may be amended from time to time, the “LFSA”). Unless otherwise specified, capitalized terms used but not otherwise defined in this Agreement shall have the meanings given to them in the Limited Liability Company Agreement of the Company dated as of the date hereof (as the same may be amended from time to
