0001913724-23-000006 Sample Contracts

AG TWIN BROOK CAPITAL INCOME FUND SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST Dated as of January 1, 2023
Agreement and Declaration of Trust • January 5th, 2023 • AG Twin Brook Capital Income Fund • Delaware

SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (the “Declaration of Trust” or “Declaration”) made as of the 1st day of January, 2023, by the Board of Trustees hereunder and Delaware Trust Company, as Delaware trustee.

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AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • January 5th, 2023 • AG Twin Brook Capital Income Fund • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made as of this 30th day of December 2022, by and between AGTB Private BDC (the “Target Fund”), a Delaware statutory trust with its principal place of business at 245 Park Avenue, 26th Floor, New York, New York 10167, and AG Twin Brook Capital Income Fund (the “Surviving Fund”), a Delaware statutory trust with its principal place of business at 245 Park Avenue, 26th Floor, New York, New York 10167.

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