Capital Corporation Sample Contracts

Ares Capital Corporation Up to $1,000,000,000 Shares of Common Stock (par value $0.001 per share) EQUITY DISTRIBUTION AGREEMENT
Capital Corporation • February 7th, 2024 • Ares Capital Corp • New York

Ares Capital Corporation, a Maryland corporation (the “Company”), Ares Capital Management LLC, a Delaware limited liability company (the “Adviser”), and Ares Operations LLC, a Delaware limited liability company (the “Administrator”), confirm their agreement (this “Agreement”) with Mizuho Securities USA LLC (the “Manager”), as follows. This Agreement supersedes the terms of the Equity Distribution Agreement, dated as of July 25, 2023 among the Company, the Adviser, the Administrator and the Manager (the “2023 EDA”), and the parties hereto agree that the 2023 EDA is terminated pursuant to Section 10(c) of the 2023 EDA and the provisions of the 2023 EDA set forth in such section shall survive termination.

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