Notices from Noncompetition and Nonsolicitation Agreement
THIS NONCOMPETITION AND NONSOLICITATION AGREEMENT (this "Agreement"), dated as of July 13, 2017, is made by and among Oaktree Capital Management, L.P., a Delaware limited partnership ("Buyer"), and Fifth Street Asset Management Inc., a Delaware corporation (the "Company"). Capitalized terms used and not defined herein shall have the meanings ascribed to such terms in the Asset Purchase Agreement (as defined below).
Notices. Unless otherwise provided herein, all notices and other communications hereunder shall be in writing and be deemed given and received (a) if delivered in person, on the date delivered, (b) if transmitted by facsimile (provided receipt is confirmed by telephone), on the date sent, (c) if delivered by an express courier, on the second (2nd) Business Day after mailing and (d) if transmitted by email, on the date sent, in each case, to the parties at the following addresses (or at such other address for a party as is specified to the other parties hereto by like notice): if to Buyer, to: Oaktree Capital Management, L.P. 333 South Grand Avenue, 28th floor Los Angeles, CA 90071 Fax: (213) 830-6293 Attention (email): Matt Pendo (firstname.lastname@example.org) if to the Company, to: Fifth Street Asset Management Inc. 777 West Putnam Avenue, 3rd Floor Greenwich, CT 06830 Tel: (203) 681-6800 Fax: (203) 681-3879 Attention (email): Bernard D. Berman (Bernie@fifthstreetfinance.com)
Notices from Limited Partnership Agreement
This AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT (this "Agreement") of Fifth Street Holdings L.P. (the "Partnership") is made as of the ____ day of________________, 2014, by and among Fifth Street Asset Management, Inc., a corporation formed under the laws of the State of Delaware ("FSAM"), as general partner, and the Limited Partners (as defined herein) of the Partnership.
Notices. All notices, requests, claims, demands and other communications hereunder shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person, by courier service (delivery receipt requested), by fax, by electronic mail or by registered or certified mail (postage prepaid, return receipt requested) to the respective parties at the following addresses (or at such other address for a party as shall be specified in a notice given in accordance with this Section 11.02):
Notices from Purchase and Sale Agreement
THIS PURCHASE AND SALE AGREEMENT, dated as of September 16, 2011, by and between FIFTH STREET FINANCE CORP., a Delaware corporation, as the seller (the Seller) and FIFTH STREET FUNDING II, LLC, a Delaware limited liability company, as the purchaser (the Purchaser).
Notices. All demands, notices and other communications hereunder shall, unless otherwise stated herein, be in writing (which shall include facsimile communication and communication by e-mail in portable document format (.pdf)) and faxed, e-mailed or delivered, to each party hereto, as follows, To the Purchaser: Fifth Street Funding II, LLC 10 Bank Street, 12th Floor White Plains, NY 10606 Attention: Bernard D. Berman Facsimile: (914) 328-4214 Phone: (914) 286-6800 To the Seller: Fifth Street Finance Corp. 10 Bank Street, 12th Floor White Plains, NY 10606 Attention: Bernard D. Berman Facsimile: (914) 328-4214 Phone: (914) 286-6800 or at such other address as shall be designated by such party in a written notice to the other parties hereto. Notices and communications by facsimile and e-mail shall be effective when sent (and shall be followed by hard copy sent by regular mail), and notices and communications sent by other means shall be effective when received.