Loan and Servicing Agreement Sample Contracts

Up to U.S. $200,000,000 LOAN AND SERVICING AGREEMENT Dated as of February 23, 2024 among OSCF LENDING II SPV, LLC, as the Borrower OAKTREE STRATEGIC CREDIT FUND, as the Transferor OAKTREE STRATEGIC CREDIT FUND, as the Servicer MORGAN STANLEY ASSET...
Loan and Servicing Agreement • February 28th, 2024 • Oaktree Strategic Credit Fund • New York

WHEREAS, the Borrower has requested that the Lenders make available to the Borrower a revolving loan facility in the maximum principal amount of up to the Facility Amount (as defined below), the proceeds of which shall be used by the Borrower to fund the purchase of certain Eligible Loan Assets (as defined below);

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AMENDMENT NO. 4 TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • March 25th, 2014 • Drivetime Automotive Group Inc • Retail-auto dealers & gasoline stations • New York

This LOAN AND SERVICING AGREEMENT dated as of December 28, 2011, is by and among DT WAREHOUSE, LLC, a Delaware limited liability company, as Borrower, DT CREDIT COMPANY, LLC, an Arizona limited liability company, as Servicer, WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Backup Servicer, Paying Agent and Securities Intermediary, THE COMMERCIAL PAPER CONDUITS FROM TIME TO TIME PARTY HERETO, as Conduit Lenders, THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO, as Committed Lenders, THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO, as Managing Agents, and DEUTSCHE BANK AG, NEW YORK BRANCH, as Program Agent for the Conduit Lenders and the Committed Lenders. Capitalized terms used herein shall have the meanings specified in Section 1.01.

Fifth Amendment to Loan and Servicing Agreement
Loan and Servicing Agreement • August 10th, 2023 • Carlyle Credit Solutions, Inc. • New York

The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving loan facility that provides for Advances from time to time in the amounts and in accordance with the terms set forth herein.

LOAN AND SERVICING AGREEMENT dated as of January 19, 2024 Antares Strategic Credit SPV LLC, as Borrower ANTARES STRATEGIC CREDIT FUND, as Servicer and Equityholder THE LENDERS FROM TIME TO TIME PARTIES HERETO, SOCIÉTÉ Générale, as Agent THE OTHER...
Loan and Servicing Agreement • January 24th, 2024 • Antares Strategic Credit Fund • New York

THIS LOAN AND SERVICING AGREEMENT is made and entered into as of January 19, 2024, among ANTARES STRATEGIC CREDIT SPV LLC, a Delaware limited liability company (the “Borrower”), ANTARES STRATEGIC CREDIT FUND, a Delaware limited liability company, as Servicer (as hereinafter defined) and as Equityholder (as hereinafter defined), each LENDER (as hereinafter defined) FROM TIME TO TIME PARTY HERETO, the LENDER 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, a “Lender Agent”), U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Collateral Administrator and as Collateral Agent (each as hereinafter defined), U.S. BANK NATIONAL ASSOCIATION, as Document Custodian (as hereinafter defined) and SOCIÉTÉ Générale, as Agent (in such capacity, together with its successors and permitted assigns in such capacity, the “Agent”).

among HARLEY-DAVIDSON WAREHOUSE FUNDING CORP., as Borrower HARLEY-DAVIDSON CREDIT CORP., as Servicer
Loan and Servicing Agreement • August 17th, 2009 • Harley Davidson Inc • Motorcycles, bicycles & parts • New York
FORM OF NINTH AMENDMENT
Loan and Servicing Agreement • June 25th, 2021 • SLR Senior Investment Corp. • New York

The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances under the Revolving Notes from time to time in the amounts and in accordance with the terms set forth herein.

SECOND AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT Dated as of November 15, 2013 among DT WAREHOUSE II, LLC, as Borrower DT CREDIT COMPANY, LLC, as Servicer WELLS FARGO BANK, NATIONAL ASSOCIATION, as Paying Agent and Securities Intermediary and...
Loan and Servicing Agreement • March 25th, 2014 • Drivetime Automotive Group Inc • Retail-auto dealers & gasoline stations • New York

This SECOND AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT, dated as of November 15, 2013 is among DT WAREHOUSE II, LLC, a Delaware limited liability company, as Borrower, DT CREDIT COMPANY, an Arizona limited liability company, as Servicer, WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Paying Agent and Securities Intermediary, and SANTANDER CONSUMER USA INC., as Lender and Backup Servicer. Capitalized terms used herein shall have the meanings specified in Section 1.01.

FIFTH AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • September 4th, 2014 • Prospect Capital Corp • New York

Alternate Base Rate: On any date, a fluctuating rate of interest per annum determined by the Calculation Agent (each such determination, absent manifest error, to be conclusive and binding on all parties hereto and their assignees) to equal to the higher of (i) the Prime Rate (as provided by KeyBank to the Calculation Agent) or (ii) the Federal Funds Rate plus 0.50%.

FIRST AMENDMENT TO SEVENTH AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • September 7th, 2022 • Prospect Capital Corp • New York

EXHIBIT A-1 Form of Borrower Notice (Advances) EXHIBIT A-2 Form of Borrower Notice (Facility Amount Reductions) EXHIBIT A-3 Form of Borrower Notice (Prepayments) EXHIBIT B Form of Note[reserved] EXHIBIT C-1 Form of Assignment and Acceptance EXHIBIT C-2 Form of Joinder Agreement EXHIBIT C-3 Form of Commitment Increase Agreement EXHIBIT D Form of Monthly Report EXHIBIT E Form of Servicer’s Certificate EXHIBIT F Form of Assignment of Mortgage EXHIBIT G Form of Account Control Agreement EXHIBIT H-1 Form of Purchase of Transferred Loan Agreement EXHIBIT H-2 Form of Sale of Transferred Loan Agreement EXHIBIT I Form of Independent Accountant Report

NINTH OMNIBUS AMENDMENT
Loan and Servicing Agreement • June 2nd, 2022 • Newell Brands Inc. • Plastics products, nec • New York

This AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT dated as of October 2, 2019, is among JARDEN RECEIVABLES, LLC, a Delaware limited liability company, as Borrower, NEWELL BRANDS INC. (formerly known as NEWELL RUBBERMAID INC.), a Delaware corporation, as initial Servicer, the commercial paper conduits from time to time party hereto as Conduit Lenders, the financial institutions from time to time party hereto as Committed Lenders, the financial institutions from time to time party hereto as Managing Agents and their permitted successors and assigns, PNC Bank, National Association and Royal Bank of Canada, each as an Issuing Lender, PNC BANK, NATIONAL ASSOCIATION (“PNC”), as the Administrative Agent for the Lenders and the Managing Agents, and PNC CAPITAL MARKETS LLC, as Structuring Agent. Capitalized terms used herein shall have the meanings specified in Section 1.01.

AMENDMENT NO. 14 TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • February 9th, 2022 • Ares Capital Corp • New York

THIS AMENDMENT NO. 14 TO LOAN AND SERVICING AGREEMENT (the “Amendment”), dated as of November 13, 2020 (the “Amendment Effective Date”), is entered into by and among ARES CAPITAL CP FUNDING LLC, a Delaware limited liability company, as the borrower (the “Borrower”), ARES CAPITAL CORPORATION, a Maryland corporation, as the servicer (the “Servicer”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as the agent (the “Agent”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as a lender (“Wells Fargo”), BANK OF AMERICA, N.A., as a lender (“Bank of America” and, together with Wells Fargo, the “Lenders”) and U.S. BANK NATIONAL ASSOCIATION, as Trustee, Bank, and Collateral Custodian (in such capacities, “U.S. Bank”).

U.S. $200,000,000 LOAN AND SERVICING AGREEMENT Dated as of September 9, 2014 Among WAYNE FUNDING LLC, as the Borrower WELLS FARGO SECURITIES, LLC, as the Administrative Agent EACH OF THE CONDUIT LENDERS AND INSTITUTIONAL LENDERS FROM TIME TO TIME...
Loan and Servicing Agreement • September 15th, 2014 • FS Energy & Power Fund

THIS LOAN AND SERVICING AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, this “Agreement”) is made as of September 9, 2014, among:

AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • July 24th, 2023 • KKR Real Estate Finance Trust Inc. • Real estate investment trusts • New York

The parties hereto previously entered into a loan and servicing agreement, effective as of April 11, 2018 (as the same may have been amended from time to time, the “Original Servicing Agreement”), pursuant to which Borrower and/or Arranger engaged the Servicer to service certain Loan Assets loans that such Borrower originated or acquired from time to time in accordance with the provisions of the Original Servicing Agreement. On December 20, 2019, the parties hereto entered into a First Amendment to Loan and Servicing Agreement (“1st Amendment”) and on May 9, 2022, the parties hereto entered into a Second Amendment to Loan and Servicing Agreement (“2nd Amendment”; together with the 1st Amendment, "Prior Amendments")).

U.S. $175,000,000 (with an option to increase up to $200,000,000) FIFTH AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT by and among NEWSTAR CP FUNDING LLC, as the Borrower, NEWSTAR FINANCIAL, INC., as the Originator and as the Servicer, EACH OF THE...
Loan and Servicing Agreement • November 6th, 2012 • NewStar Financial, Inc. • Finance lessors • New York

THIS FIFTH AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, the “Agreement”) is made as of this November 5, 2012, by and among:

AMENDMENT NO. 1 TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • October 19th, 2010 • DT Credit Company, LLC • Retail-auto dealers & gasoline stations • New York

This AMENDMENT NO. 1 TO LOAN AND SERVICING AGREEMENT (this “Amendment”), dated as of June 15, 2010, is executed by and among DT WAREHOUSE II, LLC, a Delaware limited liability company (together with its successors and assigns, the “Borrower”), DT CREDIT COMPANY, LLC, an Arizona limited liability company (“DTCC”), as servicer (in such capacity, the “Servicer”), SANTANDER CONSUMER USA INC., as Lender and Backup Servicer, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Paying Agent and Securities Intermediary (the “Paying Agent”). Capitalized terms used, but not otherwise defined herein, shall have the meanings ascribed thereto in the “Loan and Servicing Agreement” (defined below).

AMENDMENT NO. 9 (Ares Capital JB Funding LLC)
Loan and Servicing Agreement • May 4th, 2023 • Ares Capital Corp

(1)ARES CAPITAL JB FUNDING LLC, a Delaware limited liability company (together with its successors and assigns in such capacity, the “Borrower”);

AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT dated as of September 28, 2012 among SOC SPV1, LLC, as Borrower SNAP-ON CREDIT LLC, as Servicer THE COMMERCIAL PAPER CONDUITS FROM TIME TO TIME PARTY HERETO AS CONDUIT LENDERS, THE FINANCIAL...
Loan and Servicing Agreement • October 1st, 2012 • SNAP-ON Inc • Cutlery, handtools & general hardware • New York

This AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT dated as of September 28, 2012 is among SOC SPV1, LLC, a Delaware limited liability company (the “Borrower”), SNAP-ON CREDIT LLC, a Delaware limited liability company (“Snap-on Credit” and as initial servicer, together with its successors and permitted assigns, the “Servicer”), CERTAIN FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO AS CONDUIT LENDERS, CERTAIN FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO AS COMMITTED LENDERS, CERTAIN FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO AS ADMINISTRATIVE AGENTS, and JPMORGAN CHASE BANK, N.A. (“JPMorgan”) as the Program Agent. Capitalized terms used herein shall have the meanings specified in Section 1.01.

LOAN AND SERVICING AGREEMENT dated as of December 20, 2005 among PSE FUNDING, INC., as Borrower PUGET SOUND ENERGY, INC., as Servicer THE COMMERCIAL PAPER CONDUITS FROM TIME TO TIME PARTY HERETO AS CONDUIT LENDERS, THE FINANCIAL INSTITUTIONS FROM TIME...
Loan and Servicing Agreement • December 23rd, 2005 • Puget Energy Inc /Wa • Electric services • New York

This LOAN AND SERVICING AGREEMENT dated as of December 20, 2005 is among PSE FUNDING, INC., a Washington corporation (the “Borrower”), PUGET SOUND ENERGY, INC., a Washington corporation (“PSE” and as initial Servicer) (the Servicer together with Borrower, the “Borrower Parties” and each a “Borrower Party”), THE COMMERCIAL PAPER CONDUITS FROM TIME TO TIME PARTY HERETO (each individually, a “Conduit Lender”), THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO (each individually, a “Committed Lender”; and collectively with the Conduit Lenders, the “Lenders”), THE ENTITIES FROM TIME TO TIME PARTY HERETO AS MANAGING AGENTS and their permitted successors and assigns (each individually, a “Managing Agent”), and JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as the Program Agent for the Lenders and the Managing Agents. Capitalized terms used herein shall have the meanings specified in Section 1.01.

EXHIBIT 4(b) LOAN AND SERVICING AGREEMENT dated as of February 1, 2006
Loan and Servicing Agreement • February 7th, 2006 • Sherwin Williams Co • Retail-building materials, hardware, garden supply • New York
LOAN AND SERVICING AGREEMENT among TOPAZ CS LLC, as Holdings, AMBER CS LLC, as the Borrower, OPAL CS LLC, QUARTZ CS LLC and the other Subsidiary Guarantors from time to time party hereto, as the Subsidiary Guarantors, MASSACHUSETTS MUTUAL LIFE...
Loan and Servicing Agreement • June 22nd, 2023 • PIMCO Capital Solutions BDC Corp. • New York

The Lenders have agreed, on the terms and conditions set forth herein, to provide a senior secured revolving loan facility that provides for Advances from time to time in the amounts and in accordance with the terms set forth herein.

AMENDMENT NO. 2 TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • October 19th, 2010 • DT Credit Company, LLC • Retail-auto dealers & gasoline stations • New York

This AMENDMENT NO. 2 TO LOAN AND SERVICING AGREEMENT (this “Amendment”), dated as of July 23, 2010, is executed by and among DT WAREHOUSE II, LLC, a Delaware limited liability company (together with its successors and assigns, the “Borrower”), DT CREDIT COMPANY, LLC, an Arizona limited liability company (“DTCC”), as servicer (in such capacity, the “Servicer”), SANTANDER CONSUMER USA INC., as Lender and Backup Servicer, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Paying Agent and Securities Intermediary (the “Paying Agent”). Capitalized terms used, but not otherwise defined herein, shall have the meanings ascribed thereto in the “Loan and Servicing Agreement” (defined below).

LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • September 20th, 2022 • Star Mountain Lower Middle-Market Capital Corp

The Lenders have agreed, on the terms and conditions set forth herein, to provide a senior secured revolving credit facility, which shall provide for Advances from time to time in the amounts and in accordance with the terms set forth herein.

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AMENDMENT NO. 3 TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • December 30th, 2011 • DT Credit Company, LLC • Retail-auto dealers & gasoline stations • New York

This AMENDMENT NO. 3 TO LOAN AND SERVICING AGREEMENT, dated as of December 28, 2011 (this “Amendment”), is executed by and among DT WAREHOUSE IV, LLC, a Delaware limited liability company (together with its successors and assigns, the “Borrower”), DT CREDIT COMPANY, LLC, an Arizona limited liability company, as servicer (in such capacity, the “Servicer”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Backup Servicer, Paying Agent and Securities Intermediary (“Paying Agent”), WINDMILL FUNDING CORPORATION, as Conduit Lender and THE ROYAL BANK OF SCOTLAND PLC, as Program Agent for the Conduit Lenders and the Committed Lenders (“Program Agent”) and as sole Managing Agent and sole Committed Lender. Capitalized terms used, but not otherwise defined herein, shall have the meanings ascribed thereto in the “Loan and Servicing Agreement” (defined below).

AMENDMENT NO. 1 TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • October 19th, 2010 • DT Credit Company, LLC • Retail-auto dealers & gasoline stations • New York

All information set forth herein and delivered pursuant to the Agreement for the Accounting Period listed above is complete and accurate.

AMENDMENT NO. 3 TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • April 22nd, 2011 • DT Credit Company, LLC • Retail-auto dealers & gasoline stations • New York

This AMENDMENT NO. 3 TO LOAN AND SERVICING AGREEMENT, dated as of April 10, 2011 (this “Amendment”), is executed by and among DT WAREHOUSE III, LLC, a Delaware limited liability company (together with its successors and assigns, the “Borrower”), DT CREDIT COMPANY, LLC, an Arizona limited liability company, as servicer (in such capacity, the “Servicer”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Backup Servicer, Paying Agent and Securities Intermediary (“Paying Agent”), and UBS REAL ESTATE SECURITIES INC., as Program Agent for the Conduit Lenders and the Committed Lenders (“Program Agent”). Capitalized terms used, but not otherwise defined herein, shall have the meanings ascribed thereto in the “Loan and Servicing Agreement” (defined below).

Contract
Loan and Servicing Agreement • April 7th, 2022 • Onex Falcon Direct Lending BDC Fund • New York

AMENDMENT NO. 1 TO LOAN AND SERVICING AGREEMENT, dated as of December 27, 2021 (this “Amendment ”), among Onex Falcon Direct Lending BDC SPV, LLC, a Delaware limited liability company (the “Borrower”), Onex Falcon Direct Lending BDC Fund, as collateral manager (the “Collateral Manager”), Société Générale, as agent (the “Agent ”) and lender agent (the “Lender Agent”) and Multicurrency Lender, Dollar Lender and as a Revolving Lender (the “Lender”), U.S. Bank National Association, as collateral agent (the “Collateral Agent”) and as collateral custodian (the “Collateral Custodian”).

FIRST AMENDMENT TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • September 22nd, 2020 • Exantas Capital Corp. • Real estate investment trusts • New York

This First Amendment to Loan and Servicing Agreement dated as of September 16, 2020 (this “Amendment”), is among RCC Real Estate SPE Holdings LLC (“Holdings”), RCC Real Estate SPE 9 LLC (the “Borrower”) and the Lenders party hereto.

FIRST AMENDMENT TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • February 19th, 2020 • KKR Real Estate Finance Trust Inc. • Real estate investment trusts • New York

This First Amendment to Loan and Servicing Agreement dated as of December 20, 2019 (this “Amendment”), is among KREF Holdings VII LLC, a Delaware limited liability company (“Holdings”), KREF Lending VII LLC, a Delaware limited liability company (the “Borrower”), PNC Bank, National Association (“Collateral Custodian”), Midland Loan Services, a division of PNC Bank, National Association, as the Servicer (“Servicer”) and the Administrative Agent (“Administrative Agent”), and the Lenders (as defined below) as parties hereto.

LOAN AND SERVICING AGREEMENT Dated as of August 15, 2023 among MSD BDC SPV II, LLC, as the Borrower MSD Investment Corp., as the Collateral Manager MSD Investment Corp., as the Equityholder MSD Investment Corp., as the Seller CITIZENS BANK, N.A., as...
Loan and Servicing Agreement • August 21st, 2023 • MSD Investment Corp.

The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances from time to time in an aggregate principal amount not to exceed the Facility Amount. The proceeds of the Advances will be used (i) to finance the Borrower’s origination and acquisition of Eligible Collateral Obligations consisting of Specified Collateral Obligations and Approved Collateral Obligations and (ii) for the uses not otherwise prohibited by Section 5.02(h), in each case, subject to the terms and conditions set forth herein and in the other Transaction Documents. Accordingly, the parties agree as follows:

SECOND AMENDMENT TO LOAN AND SERVICING AGREEMENT (this “Amendment”), dated as of June 16, 2020 (the “Amendment Date”), among Meadowbrook Run LLC, a Delaware limited liability company, as the borrower (the “Borrower”), FS KKR Capital Corp. II, a...
Loan and Servicing Agreement • August 10th, 2020 • FS KKR Capital Corp. II • New York

WHEREAS, the Borrower, the Servicer, the Lender and the Administrative Agent are party to that certain Loan and Servicing Agreement, dated as of November 22, 2019 (as the same may be amended, modified or supplemented prior to the Amendment Date in accordance with the terms thereof, the “Loan and Servicing Agreement”), by and among the Borrower, the Servicer, FS Investment Corporation II, as the equityholder, the Lender, each of the other lenders from time to time party thereto, the Administrative Agent and Wells Fargo Bank, National Association, as the collateral agent, the account bank and the collateral custodian, providing, among other things, for the making and the administration of the Advances by the Lender to the Borrower; and

ARTICLE I Definitions
Loan and Servicing Agreement • March 11th, 2021 • Blackstone Private Credit Fund • New York

THIS LOAN AND SERVICING AGREEMENT is made and entered into as of October 11, 2018, among GSO STONE STREET LLC, a Delaware limited liability company (the “Borrower”), GSO DIRECT LENDING FUND-D LP, a Delaware limited partnership, as Servicer (as hereinafter defined) and as Equityholder (as hereinafter defined), each LENDER (as hereinafter defined) FROM TIME TO TIME PARTY HERETO, the LENDER 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, a “Lender Agent”), Virtus Group, LP, as Collateral Administrator (as hereinafter defined), Citibank, N.A., as Collateral Agent and Collateral Custodian (each as hereinafter defined), and SOCIÉTÉ GENERALE, as Agent (in such capacity, together with its successors and permitted assigns in such capacity, the “Agent”).

OMNIBUS AMENDMENT NO. 7 (Ares Capital JB Funding LLC)
Loan and Servicing Agreement • January 2nd, 2020 • Ares Capital Corp

outstanding not to exceed the Dollar amount set forth opposite such Lender’s name on Annex A or in the Assignment and Assumption pursuant to which such Lender becomes a party hereto, as applicable, as such amount may be adjusted from time to time in accordance with this Agreement.

Confidential information in this Amendment No. 2 to Loan and Servicing Agreement has been omitted and filed separately with the Securities and Exchange Commission pursuant to a Confidential Treatment Request. AMENDMENT NO. 2 TO LOAN AND SERVICING...
Loan and Servicing Agreement • November 14th, 2011 • DT Acceptance Corp • Retail-auto dealers & gasoline stations • New York

This AMENDMENT NO. 2 TO LOAN AND SERVICING AGREEMENT, dated as of September 19, 2011 (this “Amendment”), is executed by and among DT WAREHOUSE IV, LLC, a Delaware limited liability company (together with its successors and assigns, the “Borrower”), DT CREDIT COMPANY, LLC, an Arizona limited liability company, as servicer (in such capacity, the “Servicer”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Backup Servicer, Paying Agent and Securities Intermediary (“Paying Agent”), WINDMILL FUNDING CORPORATION, as Conduit Lender and THE ROYAL BANK OF SCOTLAND PLC, as Program Agent for the Conduit Lenders and the Committed Lenders (“Program Agent”) and as sole Managing Agent and sole Committed Lender. Capitalized terms used, but not otherwise defined herein, shall have the meanings ascribed thereto in the “Loan and Servicing Agreement” (defined below).

FOURTH AMENDMENT TO FIFTH AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT (NewStar CP Funding LLC)
Loan and Servicing Agreement • March 11th, 2015 • NewStar Financial, Inc. • Finance lessors • New York

THIS FOURTH AMENDMENT TO FIFTH AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT, dated as of March 6, 2015 (this “Amendment”), is entered into by and among NEWSTAR CP FUNDING LLC, as the Borrower (the “Borrower”), NEWSTAR FINANCIAL, INC., as the Originator and the Servicer, the Lenders identified on the signature pages hereto and WELLS FARGO SECURITIES, LLC, as the Administrative Agent (in such capacity, the “Administrative Agent”).

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