Loan Funding And Servicing Agreement Sample Contracts

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Patriot Funding – Agreement, Limited Consent and Amendment No. 1 to Second Amended and Restated Loan Funding and Servicing Agreement (November 13th, 2009)

This AGREEMENT, LIMITED CONSENT AND AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (this Amendment), dated as of July 9, 2009, is entered into by and between PATRIOT CAPITAL FUNDING LLC I (PCAP LLC), as the borrower (the Borrower), PATRIOT CAPITAL FUNDING, INC., in its individual capacity (in such capacity, PCAP) and as the servicer (in such capacity, the Servicer), BMO CAPITAL MARKETS CORP., as the agent (in such capacity, the Agent), FAIRWAY FINANCE COMPANY, LLC, as a conduit lender (in such capacity, the Conduit Lender), BRANCH BANKING AND TRUST COMPANY, as an institutional lender (in such capacity, the Institutional Lender), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as the trustee (in such capacity, the Trustee). Capitalized terms used but not defined herein shall have the meanings provided in the Agreement (as defined below).

AMENDMENT NO. 6 TO THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (ACS Funding Trust I) (September 12th, 2008)

THIS AMENDMENT NO. 6 TO THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of September 8, 2008 (this "Amendment"), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the "Borrower"), AMERICAN CAPITAL, LTD. (f/k/a American Capital Strategies, Ltd.), as the servicer (in such capacity, the "Servicer"), VARIABLE FUNDING CAPITAL COMPANY LLC, as a conduit lender (in such capacity, a "Conduit Lender"), WACHOVIA CAPITAL MARKETS, LLC, as the deal agent (in such capacity, the "Deal Agent") and a lender agent (in such capacity, a "Lender Agent"), WACHOVIA BANK, NATIONAL ASSOCIATION, as the swingline lender (in such capacity, the "Swingline Lender") and as an institutional lender (in such capacity, an "Institutional Lender"), JS SILOED TRUST, as a conduit lender (in such capacity, a "Conduit Lender"), JPMORGAN CHASE BANK, N.A., as an institutional lender (in such capacity, an "Institutional Lender") and as a lender agent (in such capacity

Patriot Funding – SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT by and Among PATRIOT CAPITAL FUNDING LLC I, as the Borrower PATRIOT CAPITAL FUNDING, INC., as the Servicer EACH OF THE CONDUIT LENDERS AND INSTITUTIONAL LENDERS FROM TIME TO TIME PARTY HERETO, as the Lenders EACH OF THE LENDER AGENTS FROM TIME TO TIME PARTY HERETO as the Lender Agents BMO CAPITAL MARKETS CORP., as the Agent and WELLS FARGO BANK, NATIONAL ASSOCIATION, as the Backup Servicer and as the Trustee Dated as of April 11, 2008 (April 16th, 2008)
Kohlberg Capital Corporation – THIRD AMENDMENT TO LOAN FUNDING AND SERVICING AGREEMENT (Kohlberg Capital Funding LLC I) (March 14th, 2008)

THIS THIRD AMENDMENT TO LOAN FUNDING AND SERVICING AGREEMENT, dated as of November 21, 2007 (this Amendment), is entered into by and among KOHLBERG CAPITAL FUNDING LLC I, as the borrower (in such capacity, the Borrower), KOHLBERG CAPITAL CORPORATION, as the servicer (in such capacity, the Servicer), each of the conduit lenders and institutional lenders from time to time a party hereto (each, a Lender and collectively, the Lenders), each of the lender agents from time to time a party hereto (each, a Lender Agent and collectively, the Lender Agents), BMO CAPITAL MARKETS CORP., as the agent (in such capacity, the Agent), U.S. BANK NATIONAL ASSOCIATION, as the trustee (in such capacity, the Trustee) and LYON FINANCIAL SERVICES, INC. (d/b/a U.S. Bank Portfolio Services), as the backup servicer (in such capacity, the Backup Servicer). Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Agreement (as defined below).

Patriot Funding – Second Amendment to Amended and Restated Loan Funding and Servicing Agreement (September 6th, 2007)

THIS SECOND AMENDMENT TO THE AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of August 31, 2007 (this Amendment), is entered into by and among PATRIOT CAPITAL FUNDING LLC I, a Delaware limited liability company, as the borrower (together with its successors and assigns in such capacity, the Borrower), PATRIOT CAPITAL FUNDING, INC., a Delaware corporation, as the servicer (together with its successors and assigns in such capacity, the Servicer), FAIRWAY FINANCE COMPANY, LLC, a Delaware limited liability company, as the conduit lender (together with its successors and assigns in such capacity, the Conduit Lender), BMO CAPITAL MARKETS CORP., (f/k/a Harris Nesbitt Corp.) a Delaware corporation (BMO), as the Agent (together with its successors and assigns in such capacity, the Agent), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity, but solely as the backup servicer (together with its successors and assigns in su

Kohlberg Capital Corporation – U.S.$200,000,000 LOAN FUNDING AND SERVICING AGREEMENT by and Among KOHLBERG CAPITAL FUNDING LLC I, as the Borrower KOHLBERG CAPITAL CORPORATION, as the Servicer EACH OF THE CONDUIT LENDERS AND INSTITUTIONAL LENDERS FROM TIME TO TIME PARTY HERETO, as the Lenders EACH OF THE LENDER AGENTS FROM TIME TO TIME PARTY HERETO as the Lender Agents BMO CAPITAL MARKETS CORP., as the Agent LYON FINANCIAL SERVICES, INC. (D/B/A U.S. BANK PORTFOLIO SERVICES), as the Backup Servicer and U.S. BANK NATIONAL ASSOCIATION, as the Trustee Dated as of February 14, 2007 (March 29th, 2007)

THIS LOAN FUNDING AND SERVICING AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the Agreement) is made as of this 14th day of February, 2007, by and among:

AMENDMENT NO. 3 TO THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (ACS Funding Trust I) (March 1st, 2007)

THIS THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the Agreement) is made as of this 23rd day of September, 2005, by and among:

Kohlberg Capital Corporation – U.S.$200,000,000 LOAN FUNDING AND SERVICING AGREEMENT by and Among KOHLBERG CAPITAL FUNDING LLC I, as the Borrower KOHLBERG CAPITAL CORPORATION, as the Servicer EACH OF THE CONDUIT LENDERS AND INSTITUTIONAL LENDERS FROM TIME TO TIME PARTY HERETO, as the Lenders EACH OF THE LENDER AGENTS FROM TIME TO TIME PARTY HERETO as the Lender Agents BMO CAPITAL MARKETS CORP., as the Agent LYON FINANCIAL SERVICES, INC. (D/B/A U.S. BANK PORTFOLIO SERVICES), as the Backup Servicer and U.S. BANK NATIONAL ASSOCIATION, as the Trustee Dated as of February 14, 2007 (February 16th, 2007)

THIS LOAN FUNDING AND SERVICING AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the Agreement) is made as of this 14th day of February, 2007, by and among:

AMENDMENT NO. 2 TO THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (ACS Funding Trust I) (November 9th, 2006)

THIS AMENDMENT NO. 2 TO THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of August 7, 2006 (this Amendment), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the Servicer), VARIABLE FUNDING CAPITAL COMPANY LLC, as a conduit lender (in such capacity, a Conduit Lender), WACHOVIA CAPITAL MARKETS, LLC, as the deal agent (in such capacity, the Deal Agent), WACHOVIA BANK, NATIONAL ASSOCIATION, as an institutional lender (in such capacity, an Institutional Lender), as the swingline lender (in such capacity, the Swingline Lender) and as a hedge counterparty (in such capacity, a Hedge Counterparty), JPMORGAN CHASE BANK, N.A. (JPMorgan Chase Bank), as an institutional lender (in such capacity, an Institutional Lender) and as a hedge counterparty (in such capacity, a Hedge Counterparty), CITIGROUP GLOBAL MARKETS REALTY CORP., as an institutional lender

Patriot Funding – AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT by and Among PATRIOT CAPITAL FUNDING LLC I, as the Borrower PATRIOT CAPITAL FUNDING, INC., as the Servicer FAIRWAY FINANCE COMPANY, LLC, as the Conduit Lender BMO CAPITAL MARKETS CORP., as the Agent and WELLS FARGO BANK, NATIONAL ASSOCIATION, as the Backup Servicer and as the Trustee Dated as of September 18, 2006 (September 21st, 2006)
THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT by and Among ACS FUNDING TRUST I, as the Borrower AMERICAN CAPITAL STRATEGIES, LTD., as the Servicer and as the Originator EACH OF THE CONDUIT LENDERS AND INSTITUTIONAL LENDERS FROM TIME TO TIME PARTY HERETO, as Lenders EACH OF THE LENDER AGENTS FROM TIME TO TIME PARTY HERETO, as Lender Agents WACHOVIA CAPITAL MARKETS, LLC, as the Deal Agent WACHOVIA BANK, NATIONAL ASSOCIATION, as the Swingline Lender and WELLS FARGO BANK, NATIONAL ASSOCIATION, as the Backup Servicer and as the Collateral Custodian Dated as of September 23, 2005 (September 28th, 2005)

THIS THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the Agreement) is made as of this 23rd day of September, 2005, by and among:

AMENDMENT NO. 6 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (ACS Funding Trust I) (September 20th, 2005)

THIS AMENDMENT NO. 6 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of September 15, 2005 (this Amendment), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the Servicer), VARIABLE FUNDING CAPITAL CORPORATION, as a conduit lender (in such capacity, a Conduit Lender), WACHOVIA CAPITAL MARKETS, LLC, as the deal agent (in such capacity, the Deal Agent), JPMORGAN CHASE BANK, N.A. (JPMorgan Chase Bank), as an institutional lender (in such capacity, an Institutional Lender) and as the swingline lender (in such capacity, the Swingline Lender), CITIGROUP GLOBAL MARKETS REALTY CORP., as an institutional lender (in such capacity, an Institutional Lender), YC SUSI TRUST, as a conduit lender (in such capacity, a Conduit Lender), BANK OF AMERICA, NATIONAL ASSOCIATION, as an institutional lender (in such capacity, an Institutional Lender) and as the

AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (ACS Funding Trust I) (August 9th, 2005)

THIS AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of August 3, 2005 (this Amendment), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the Servicer), VARIABLE FUNDING CAPITAL CORPORATION, as a conduit lender (in such capacity, a Conduit Lender), WACHOVIA CAPITAL MARKETS, LLC, as the deal agent (in such capacity, the Deal Agent), JPMORGAN CHASE BANK, N.A. (JPMorgan Chase Bank), as an institutional lender (in such capacity, an Institutional Lender) and as the swingline lender (in such capacity, the Swingline Lender), CITIGROUP GLOBAL MARKETS REALTY CORP., as an institutional lender (in such capacity, an Institutional Lender), YC SUSI TRUST, as a conduit lender (in such capacity, a Conduit Lender), BANK OF AMERICA, NATIONAL ASSOCIATION, as an institutional lender (in such capacity, an Institutional Lender) and as the lend

THIRD AMENDMENT TO LOAN FUNDING AND SERVICING AGREEMENT (Fairway Finance Company Transaction With ACS Funding Trust II) (May 10th, 2005)

THIS THIRD AMENDMENT TO THE LOAN FUNDING AND SERVICING AGREEMENT, dated as of April 20, 2005 (this Third Amendment), is entered into by and among ACS FUNDING TRUST II, a Delaware statutory trust, as the borrower (together with its successors and assigns in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation, as the servicer (together with its successors and assigns in such capacity, the Servicer), FAIRWAY FINANCE COMPANY, LLC, a Delaware limited liability company, as the conduit lender (together with its successors and assigns in such capacity, the Conduit Lender), HARRIS NESBITT CORP., a Delaware corporation (Harris Nesbitt), as the Agent (together with its successors and assigns in such capacity, the Agent), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity, but solely as the backup servicer (together with its successors and assigns in such capacity, the Backup Servicer) and as the collateral

AMENDMENT NO. 4 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (ACS Funding Trust I) (May 10th, 2005)

THIS AMENDMENT NO. 4 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of April 21, 2005 (this Amendment), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the Servicer), VARIABLE FUNDING CAPITAL CORPORATION, as a conduit lender (in such capacity, a Conduit Lender), WACHOVIA CAPITAL MARKETS, LLC, as the deal agent (in such capacity, the Deal Agent), JPMORGAN CHASE BANK, N.A. (JPMorgan Chase Bank), as an institutional lender (in such capacity, an Institutional Lender) and as the swingline lender (in such capacity, the Swingline Lender), CITIGROUP GLOBAL MARKETS REALTY CORP., as an institutional lender (in such capacity, an Institutional Lender), YC SUSI TRUST, as a conduit lender (in such capacity, a Conduit Lender), Bank of America, National Association, as an institutional lender (in such capacity, an Institutional Lender) and as the lend

CONSENT AND AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (ACS Funding Trust I) (February 3rd, 2005)

THIS CONSENT AND AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of January 28, 2005 (this Amendment), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the Servicer), VARIABLE FUNDING CAPITAL CORPORATION, as a conduit lender (in such capacity, a Conduit Lender), WACHOVIA CAPITAL MARKETS, LLC, as the deal agent (in such capacity, the Deal Agent), JPMORGAN CHASE BANK, N.A. (JPMorgan Chase Bank), as an institutional lender (in such capacity, an Institutional Lender) and as the swingline lender (in such capacity, the Swingline Lender), CITIGROUP GLOBAL MARKETS REALTY CORP., as an institutional lender (in such capacity, an Institutional Lender), YC SUSI TRUST, as a conduit lender (in such capacity, a Conduit Lender), Bank of America, National Association, as an institutional lender (in such capacity, an Institutional Lender) a

AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (ACS Funding Trust I) (November 17th, 2004)

THIS AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of November 15, 2004 (this Amendment), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the Servicer), VARIABLE FUNDING CAPITAL CORPORATION, as a conduit lender (in such capacity, a Conduit Lender), WACHOVIA CAPITAL MARKETS, LLC, as the deal agent (in such capacity, the Deal Agent), JPMORGAN CHASE BANK (JPMorgan Chase Bank), as an institutional lender (in such capacity, an Institutional Lender) and as the swingline lender (in such capacity, the Swingline Lender), CITIGROUP GLOBAL MARKETS REALTY CORP., as an institutional lender (in such capacity, an Institutional Lender) and is acknowledged and agreed to by WACHOVIA BANK, NATIONAL ASSOCIATION, as a hedge counterparty (in such capacity, the Hedge Counterparty). Capitalized terms used and not otherwise defined herein shal

AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (ACS Funding Trust I) (November 9th, 2004)

THIS AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of August 27, 2004 (this Amendment), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the Servicer), VARIABLE FUNDING CAPITAL CORPORATION, as a conduit lender (in such capacity, the Conduit Lender), WACHOVIA CAPITAL MARKETS, LLC, as the deal agent (in such capacity, the Deal Agent), JPMORGAN CHASE BANK (JPMorgan Chase Bank), as an institutional lender (in such capacity, the Institutional Lender) and as the swingline lender (in such capacity, the Swingline Lender), and is acknowledged and agreed to by WACHOVIA BANK, NATIONAL ASSOCIATION, as a hedge counterparty (in such capacity, the Hedge Counterparty). Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Agreement (as defined below).

SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT by and Among ACS FUNDING TRUST I, as the Borrower AMERICAN CAPITAL STRATEGIES, LTD., as the Servicer EACH OF THE CONDUIT LENDERS AND INSTITUTIONAL LENDERS FROM TIME TO TIME PARTY HERETO, as Lenders EACH OF THE LENDER AGENTS FROM TIME TO TIME PARTY HERETO, as Lender Agents WACHOVIA CAPITAL MARKETS, LLC, as the Deal Agent JPMORGAN CHASE BANK, as the Swingline Lender and WELLS FARGO BANK, NATIONAL ASSOCIATION, as the Backup Servicer and as the Collateral Custodian Dated as of August 10, 2004 (November 9th, 2004)

THIS SECOND AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (such agreement as amended, modified, waived, supplemented or restated from time to time, the Agreement) is made as of this 10th day of August, 2004, by and among:

FIRST AMENDMENT TO LOAN FUNDING AND SERVICING AGREEMENT (Fairway Finance Company Transaction With ACS Funding Trust II) (November 9th, 2004)

THIS FIRST AMENDMENT TO THE LOAN FUNDING AND SERVICING AGREEMENT, dated as of August 25, 2004 (this First Amendment), is entered into by and among ACS FUNDING TRUST II, a Delaware statutory trust, as the borrower (together with its successors and assigns in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation, as the servicer (together with its successors and assigns in such capacity, the Servicer), FAIRWAY FINANCE COMPANY, LLC, a Delaware limited liability company, as the conduit lender (together with its successors and assigns in such capacity, the Conduit Lender), HARRIS NESBITT CORP., a Delaware corporation (Harris Nesbitt), as the Agent (together with its successors and assigns in such capacity, the Agent), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity, but solely as the backup servicer (together with its successors and assigns in such capacity, the Backup Servicer) and as the collatera

AMENDMENT NO. 5 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (VFCC Transaction With ACS Funding Trust I) (November 9th, 2004)

THIS AMENDMENT NO. 5 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of August 5, 2004 (this Amendment), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the Servicer), VARIABLE FUNDING CAPITAL CORPORATION, as the conduit lender (in such capacity, the Conduit Lender), WACHOVIA CAPITAL MARKETS, LLC (f/k/a Wachovia Securities, Inc.), as the deal agent (in such capacity, the Deal Agent), WACHOVIA BANK, NATIONAL ASSOCIATION (WBNA), as the swingline lender (in such capacity, the Swingline Lender), WELLS FARGO BANK, NATIONAL ASSOCIATION (as successor by merger to Wells Fargo Bank Minnesota, National Association), as the collateral custodian (in such capacity, the Collateral Custodian) and as the backup servicer (in such capacity, the Backup Servicer), and is acknowledged and agreed to by WACHOVIA BANK, NATIONAL ASSOCIATION, as the hedge counterparty

SECOND AMENDMENT TO LOAN FUNDING AND SERVICING AGREEMENT (Fairway Finance Company Transaction With ACS Funding Trust II) (November 9th, 2004)

THIS SECOND AMENDMENT TO THE LOAN FUNDING AND SERVICING AGREEMENT, dated as of September 24, 2004 (this Second Amendment), is entered into by and among ACS FUNDING TRUST II, a Delaware statutory trust, as the borrower (together with its successors and assigns in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation, as the servicer (together with its successors and assigns in such capacity, the Servicer), FAIRWAY FINANCE COMPANY, LLC, a Delaware limited liability company, as the conduit lender (together with its successors and assigns in such capacity, the Conduit Lender), HARRIS NESBITT CORP., a Delaware corporation (Harris Nesbitt), as the Agent (together with its successors and assigns in such capacity, the Agent), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity, but solely as the backup servicer (together with its successors and assigns in such capacity, the Backup Servicer) and as the coll

AMENDMENT NO. 2 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (VFCC Transaction With ACS Funding Trust I) (May 10th, 2004)

THIS AMENDMENT NO. 2 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of January 2, 2004 (this Amendment), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the Servicer), VARIABLE FUNDING CAPITAL CORPORATION, as the conduit lender (in such capacity, the Conduit Lender), WACHOVIA CAPITAL MARKETS, LLC (f/k/a Wachovia Securities, Inc.), as the deal agent (in such capacity, the Deal Agent), WACHOVIA BANK, NATIONAL ASSOCIATION (WBNA), as the swingline lender (in such capacity, the Swingline Lender), WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, as the collateral custodian (in such capacity, the Collateral Custodian) and as the backup servicer (in such capacity, the Backup Servicer), and is acknowledged and agreed to by WACHOVIA BANK, NATIONAL ASSOCIATION, as the hedge counterparty (in such capacity, the Hedge Counterparty). Capitalized terms used

AMENDMENT NO. 3 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (VFCC Transaction With ACS Funding Trust I) (May 10th, 2004)

THIS AMENDMENT NO. 3 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of April 22, 2004 (this Amendment), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the Servicer), VARIABLE FUNDING CAPITAL CORPORATION, as the conduit lender (in such capacity, the Conduit Lender), WACHOVIA CAPITAL MARKETS, LLC (f/k/a Wachovia Securities, Inc.), as the deal agent (in such capacity, the Deal Agent), WACHOVIA BANK, NATIONAL ASSOCIATION (WBNA), as the swingline lender (in such capacity, the Swingline Lender), WELLS FARGO BANK, NATIONAL ASSOCIATION (as successor by merger to Wells Fargo Bank Minnesota, National Association), as the collateral custodian (in such capacity, the Collateral Custodian) and as the backup servicer (in such capacity, the Backup Servicer), and is acknowledged and agreed to by WACHOVIA BANK, NATIONAL ASSOCIATION, as the hedge counterparty

AMENDMENT NO. 2 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT (VFCC Transaction With ACS Funding Trust I) (March 9th, 2004)

THIS AMENDMENT NO. 2 TO AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT, dated as of January 2, 2004 (this Amendment), is entered into by and among ACS FUNDING TRUST I, as the borrower (in such capacity, the Borrower), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity, the Servicer), VARIABLE FUNDING CAPITAL CORPORATION, as the conduit lender (in such capacity, the Conduit Lender), WACHOVIA CAPITAL MARKETS, LLC (f/k/a Wachovia Securities, Inc.), as the deal agent (in such capacity, the Deal Agent), WACHOVIA BANK, NATIONAL ASSOCIATION (WBNA), as the swingline lender (in such capacity, the Swingline Lender), WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, as the collateral custodian (in such capacity, the Collateral Custodian) and as the backup servicer (in such capacity, the Backup Servicer), and is acknowledged and agreed to by WACHOVIA BANK, NATIONAL ASSOCIATION, as the hedge counterparty (in such capacity, the Hedge Counterparty). Capitalized terms used