AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENTSecured Revolving Credit Agreement • April 15th, 2020 • THL Credit, Inc. • New York
SECOND AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of December 15, 2017 (this “Agreement”), among THL CREDIT, INC., a Delaware corporation (the “Borrower”), the LENDERS party hereto, and ING CAPITAL LLC, as Administrative Agent.
THIRD AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of October 16, 2020 among FIRST EAGLE ALTERNATIVE CAPITAL BDC, INC. (F/K/A THL CREDIT, INC.) as Borrower The LENDERS Party Hereto and ING CAPITAL LLC as Administrative...Senior Secured • October 20th, 2020 • First Eagle Alternative Capital BDC, Inc. • New York
THIRD AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of October 16, 2020 (this “Agreement”), among FIRST EAGLE ALTERNATIVE CAPITAL BDC, INC. (f/k/a THL CREDIT, INC.), a Delaware corporation (the “Borrower”), the LENDERS party hereto, solely with respect to Section 2.02(f)(ii), the DEPARTING LENDERS party hereto and ING CAPITAL LLC, as Administrative Agent.
FORM OF SUBSCRIPTION AGENT AGREEMENT SUBSCRIPTION AGENT AGREEMENT By AND BETWEEN THL CREDIT, INC. andSubscription Agent Agreement • August 25th, 2011 • THL Credit, Inc. • New York
This Subscription Rights Agreement (the “Agreement”) is made as of between THL Credit, Inc., a Delaware corporation (the “Company”), and (the “Subscription Agent”), and relates to the base prospectus included in the Registration Statement on Form N-2, File No. 333- , filed by the Company with the Securities and Exchange Commission on , 2011, as amended by any amendment filed with respect thereto (the “Registration Statement”) and any supplemental prospectus (together with the base prospectus, the “Prospectus”). Capitalized terms not otherwise defined herein shall have the meanings given to them in the Subscription Certificate (as defined below).
FORM OF CUSTODIAN AGREEMENTForm of Custodian Agreement • April 20th, 2010 • THL Credit, Inc. • Massachusetts
This Agreement, dated as of April , 2010, is between THL CREDIT, INC., a corporation organized and existing under the laws of the State of Delaware (the “Fund”), and STATE STREET BANK and TRUST COMPANY, a Massachusetts trust company (the “Custodian”).
THL CREDIT, INC. (a Delaware corporation) [—] Shares of Common Stock (Par Value $0.001 Per Share) FORM OF UNDERWRITING AGREEMENTTHL Credit, Inc. • June 4th, 2014 • New York
THL Credit, Inc. (the “Company”) and THL Credit Advisors LLC, a Delaware limited liability company (“THL Advisors” or the “Advisor”), confirm their respective agreements with [—] and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom [—] are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $0.001 per share, of the Company (“Common Stock”) set forth in Schedule A hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of [—] additional shares of Common Stock to cover overallotments, if any. The aforesaid [—] shares of Common
THL CREDIT, INC. (a Delaware corporation)Underwriting Agreement • October 5th, 2018 • THL Credit, Inc. • New York
THL Credit, Inc., a Delaware corporation (the “Company”), and THL Credit Advisors LLC, a Delaware limited liability company (“THL Advisors” and, together with the Company, the “THL Entities”), confirm their respective agreements with Keefe, Bruyette & Woods, Inc. (“Keefe Bruyette”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters”, which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Keefe Bruyette is acting as representative (in such capacity, the “Representative”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of their respective portion of $50,000,000 aggregate principal amount of 6.125% Notes due 2023 of the Company (the “Initial Notes”) set forth in Schedule A hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to pur
AMENDMENT NO. 2 TO SENIOR SECURED TERM LOAN CREDIT AGREEMENTSenior Secured Term Loan Credit Agreement • March 20th, 2013 • THL Credit, Inc. • New York
SENIOR SECURED TERM LOAN CREDIT AGREEMENT dated as of May 10, 2012 (this “Agreement”), among THL CREDIT, INC., a Delaware corporation (the “Borrower”), the LENDERS party hereto, and ING CAPITAL LLC, as Administrative Agent.
SECOND SUPPLEMENTAL INDENTURE between THL CREDIT, INC. and as Trustee Dated as of December 14, 2015 SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • December 14th, 2015 • THL Credit, Inc. • New York
THIS SECOND SUPPLEMENTAL INDENTURE (this “Second Supplemental Indenture”), dated as of December 14, 2015, is between THL Credit, Inc., a Delaware corporation (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”). All capitalized terms used but not otherwise defined herein shall have the meaning set forth in the Base Indenture (as defined below).
THL CREDIT LOGAN JV LLC LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • December 3rd, 2014 • THL Credit, Inc. • Delaware
This Limited Liability Company Agreement, dated as of December 3, 2014, of THL Credit Logan JV LLC (the “Company”) is entered into by and between THL Credit, Inc. and Perspecta Trident LLC (each, a “Member” and collectively, the “Members”).
AMENDMENT NO. 4 TO SENIOR SECURED REVOLVING CREDIT AGREEMENTSecured Revolving Credit Agreement • March 7th, 2014 • THL Credit, Inc. • New York
This AMENDMENT NO. 4 (this “Amendment) with respect to the Senior Secured Revolving Credit Agreement, dated as of March 11, 2011 (as amended by Amendment No. 1, dated as of May 10, 2012, Amendment No. 2, dated as of February 13, 2013, Amendment No. 3, dated as of March 15, 2013, and as further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), is made as of October 9, 2013, among THL CREDIT, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time party to the Credit Agreement as lenders (the “Lenders”), ING CAPITAL LLC, as administrative agent for the Lenders under the Credit Agreement (in such capacity, together with its successors in such capacity, the “Administrative Agent”), and THL CREDIT HOLDINGS, INC., a Delaware corporation (“THLH”), THL CORPORATE FINANCE LLC, a Delaware limited liability company (“THLFL”), THL CORPORATE FINANCE, INC., a Delaware corporation (“
THL CREDIT, INC. (a Delaware corporation) 5,300,000 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • September 24th, 2012 • THL Credit, Inc. • New York
THL Credit, Inc. (the “Company”) and THL Credit Advisors LLC, a Delaware limited liability company (“THL Advisors” or the “Advisor;” and, together with the Company, the “THL Entities”), confirm their respective agreements with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), Citigroup Global Markets Inc., Credit Suisse Securities (USA) LLC and RBC Capital Markets, LLC and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch, Citigroup Global Markets Inc., Credit Suisse Securities (USA) LLC and RBC Capital Markets, LLC are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $0.001 per share, of the Company (“
SUB-ADMINISTRATION AGREEMENTSub-Administration Agreement • August 9th, 2010 • THL Credit, Inc. • Massachusetts
This Sub-Administration Agreement (“Agreement”) dated and effective as of April 20, 2010, is by and among State Street Bank and Trust Company, a Massachusetts trust company (the “Sub-Administrator”), THL Credit, Inc. (the “Company”), and THL Credit Advisors LLC, a Delaware limited liability company (the “Administrator”).
AMENDMENT NO. 3 TO SENIOR SECURED TERM LOAN CREDIT AGREEMENTSecured Term Loan Credit Agreement • March 7th, 2014 • THL Credit, Inc. • New York
This AMENDMENT NO. 3 (this “Amendment) with respect to the Senior Secured Term Loan Credit Agreement, dated as of May 10, 2012 (as amended by Amendment No. 1, dated as of February 13, 2013, Amendment No. 2 dated as of March 15, 2013, and as further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), is made as of October 9, 2013, among THL CREDIT, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time party to the Credit Agreement as lenders (the “Lenders”), ING CAPITAL LLC, as administrative agent for the Lenders under the Credit Agreement (in such capacity, together with its successors in such capacity, the “Administrative Agent”), and THL CREDIT HOLDINGS, INC., a Delaware corporation (“THLH”), THL CORPORATE FINANCE LLC, a Delaware limited liability company (“THLFL”), THL CORPORATE FINANCE, INC., a Delaware corporation (“THLFI”), THL CREDIT YP HOLDINGS LLC, a Delawar
CUSTODIAN AGREEMENTCustodian Agreement • August 9th, 2010 • THL Credit, Inc. • Massachusetts
First Eagle Alternative Capital BDC, Inc. (a Delaware corporation)Underwriting Agreement • November 23rd, 2021 • First Eagle Alternative Capital BDC, Inc. • New York
First Eagle Alternative Capital BDC, Inc., a Delaware corporation (the “Company”), and First Eagle Alternative Credit, LLC, a Delaware limited liability company (“FEAC” and, together with the Company, the “First Eagle Entities”), confirm their respective agreements with Keefe, Bruyette & Woods, Inc. (“Keefe Bruyette”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters”, which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Keefe Bruyette is acting as representative (in such capacity, the “Representative”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of their respective portion of $40,000,000 aggregate principal amount of 5.00% Notes due 2026 of the Company (the “Initial Notes”) set forth in Schedule A hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option des
SENIOR SECURED TERM LOAN CREDIT AGREEMENT dated as of May 10, 2012 among THL CREDIT, INC. as Borrower The LENDERS Party Hereto and ING CAPITAL LLC as Administrative Agent, Arranger and BookrunnerTerm Loan Credit Agreement • May 15th, 2012 • THL Credit, Inc. • New York
SENIOR SECURED TERM LOAN CREDIT AGREEMENT dated as of May 10, 2012 (this “Agreement”), among THL CREDIT, INC., a Delaware corporation (the “Borrower”), the LENDERS party hereto, and ING CAPITAL LLC, as Administrative Agent.
ADMINISTRATION AGREEMENTAdministration Agreement • February 4th, 2020 • THL Credit, Inc. • New York
This Administration Agreement (this “Agreement”) made as of January 31, 2020 by and between THL Credit, Inc., a Delaware corporation (hereinafter referred to as the “Corporation”), and First Eagle Alternative Credit, LLC, formerly known as THL Credit Advisors LLC, a Delaware limited liability company (hereinafter referred to as the “Administrator”).
THIRD SUPPLEMENTAL INDENTURE between THL CREDIT, INC. and as Trustee Dated as of October 5, 2018 THIRD SUPPLEMENTAL INDENTUREIndenture • October 5th, 2018 • THL Credit, Inc. • New York
THIS THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”), dated as of October 5, 2018, is between THL Credit, Inc., a Delaware corporation (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”). All capitalized terms used but not otherwise defined herein shall have the meaning set forth in the Base Indenture (as defined below).
THLP Debt Partners, L.P. THL Credit, Inc. 100 Federal Street, 31st Floor Boston, MA 02110 Re: Investment in THL Credit, Inc.THL Credit, Inc. • April 22nd, 2020 • Delaware
This standstill agreement (this “Standstill Agreement”), dated as of March 26, 2020, is entered into by and between THL Credit, Inc., a Delaware corporation (the “BDC”) and THLP Debt Partners, L.P., a Delaware limited partnership( “THLPDP”).
FORM OF SUBSCRIPTION AGREEMENTForm of Subscription Agreement • April 20th, 2010 • THL Credit, Inc. • Massachusetts
THIS SUBSCRIPTION AGREEMENT is entered into as of the day of April, 2010, by and between THL Credit, Inc., a corporation organized and existing under the laws of Delaware (the “Corporation”) and THL Credit Partners BDC Holdings, L.P. (the “Purchaser”).
AMENDMENT NO. 2 TO SENIOR SECURED REVOLVING CREDIT AGREEMENTSecured Revolving Credit Agreement • March 7th, 2014 • THL Credit, Inc. • New York
This AMENDMENT NO. 2 (this “Amendment) with respect to the Senior Secured Revolving Credit Agreement, dated as of March 11, 2011 (as amended by that certain Amendment No. 1 to Senior Secured Revolving Credit Agreement, dated as of May 10, 2012, and as further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), is made as of February 13, 2013, among THL CREDIT, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time party to the Credit Agreement as lenders (the “Lenders”), ING CAPITAL LLC, as administrative agent for the Lenders under the Credit Agreement (in such capacity, together with its successors in such capacity, the “Administrative Agent”), and solely for purposes of Section 2.8, THL CREDIT HOLDINGS, INC., a Delaware corporation (“THLH”), THL CORPORATE FINANCE LLC, a Delaware limited liability company (“THLFL”), THL Corporate Finance, Inc., a Delaware corporation
LICENSE AGREEMENTLicense Agreement • April 20th, 2010 • THL Credit, Inc. • Massachusetts
This License Agreement (“Agreement”) is entered into effective as of September 15, 2009 (“Effective Date”) between, on the one hand, Thomas H. Lee Partners, L.P. (“Licensor”), a Delaware limited partnership with its principal place of business at 100 Federal Street, Boston, MA 02110, and, on the other, THL Credit, Inc., a Delaware corporation with its principal place of business at 100 Federal Street, Boston, MA 02110, and THL Credit Advisors LLC, a Delaware limited liability company with its principal place of business located at 100 Federal Street, Boston, MA 02110 (THL Credit, Inc. and THL Credit Advisors LLC are each a “Licensee” and are collectively “Licensees”), as follows:
INVESTMENT MANAGEMENT AGREEMENTInvestment Management Agreement • April 20th, 2010 • THL Credit, Inc. • Massachusetts
AGREEMENT, dated as of April 1, 2010, between THL Credit, Inc., a Delaware corporation (the “Corporation”), and THL Credit Advisors LLC (the “Advisor”), a Delaware limited liability company.
AMENDMENT NO. 4 TO SENIOR SECURED TERM LOAN CREDIT AGREEMENTSecured Term Loan Credit Agreement • May 1st, 2014 • THL Credit, Inc. • New York
SENIOR SECURED TERM LOAN CREDIT AGREEMENT dated as of May 10, 2012 (this “Agreement”), among THL CREDIT, INC., a Delaware corporation (the “Borrower”), the LENDERS party hereto, and ING CAPITAL LLC, as Administrative Agent.
AMENDMENT NO. 6 TO SENIOR SECURED TERM LOAN CREDIT AGREEMENTSecured Term Loan Credit Agreement • March 10th, 2015 • THL Credit, Inc. • New York
This AMENDMENT NO. 6 (this “Amendment”) with respect to the Senior Secured Term Loan Credit Agreement, dated as of May 10, 2012 (as amended by that certain Amendment No. 1 to Senior Secured Term Loan Credit Agreement, dated as of February 13, 2013, that certain Amendment No. 2 to Senior Secured Term Loan Credit Agreement, dated as of March 15, 2013, that certain Amendment No. 3 to Senior Secured Term Loan Credit Agreement, dated as of October 9, 2013, that certain Amendment No. 4 to Senior Secured Term Loan Credit Agreement, dated as of April 30, 2014, that certain Amendment No. 5 to Senior Secured Term Loan Credit Agreement, dated as of March 5, 2015 and as further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), is made as of March 5, 2015, among THL CREDIT, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time party to the Credit Agreement as lenders (the “Lende
THL CREDIT, INC. (Issuer) and U.S. Bank National Association (Trustee) Indenture Dates as of , Providing for the Issuance of Debt SecuritiesIndenture • August 25th, 2011 • THL Credit, Inc. • New York
INDENTURE, dated as of , 2011, between THL Credit, Inc., a Delaware corporation (the “Company”), and U.S. Bank National Association, a national banking association, as Trustee (as trustee in such capacity and not in its individual capacity, the “Trustee”).
AMENDMENT NO. 7 TO SENIOR SECURED REVOLVING CREDIT AGREEMENTSecured Revolving Credit Agreement • March 10th, 2015 • THL Credit, Inc. • New York
This AMENDMENT NO. 7 (this “Amendment”) with respect to the Senior Secured Revolving Credit Agreement, dated as of March 11, 2011 (as amended by that certain Amendment No. 1 to Senior Secured Revolving Credit Agreement, dated as of May 10, 2012, and that certain Amendment No. 2 to Senior Secured Revolving Credit Agreement, dated as of February 13, 2013, that certain Amendment No. 3 to Senior Secured Revolving Credit Agreement, dated as of March 15, 2013, that certain Amendment No. 4 to Senior Secured Revolving Credit Agreement, dated as of October 9, 2013, that certain Amendment No. 5 to Senior Secured Revolving Credit Agreement, dated as of April 30, 2014, that certain Amendment No. 6 to Senior Secured Revolving Credit Agreement, dated as of March 5, 2015, and as further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), is made as of March 5, 2015, among THL CREDIT, INC., a Delaware corporation (the “Borrower”), the several banks and oth
SUBSCRIPTION AGREEMENTSubscription Agreement • April 20th, 2010 • THL Credit, Inc.
THIS SUBSCRIPTION AGREEMENT is entered into as of the 22nd day of July, 2009, between THL Credit, Inc., a corporation organized and existing under the laws of Delaware (the “Corporation”) and THL Credit Opportunities, L.P. (the “Purchaser”).
THL Credit, Inc. Boston, MA 02110THL Credit, Inc. • March 5th, 2020 • Delaware
This commitment letter agreement (this “Commitment Letter”), dated as of March 3, 2020 is entered into by and among the Company, a Delaware corporation, and First Eagle Investment Management, LLC, a Delaware limited liability company (“FEIM”), THLP Debt Partners, L.P., a Delaware limited partnership, (“THLDP”) and certain other investors listed on the signature pages hereto (together with FEIM and THLDP, the “Investors”).
AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENTSenior Secured Revolving Credit Agreement • March 5th, 2020 • THL Credit, Inc. • New York
This AMENDMENT NO. 3 (this “Amendment”) dated as of January 14, 2020, is made with respect to the Second Amended and Restated Senior Secured Revolving Credit Agreement, dated as of December 15, 2017 (as amended by that certain Amendment No. 1 to Second Amended and Restated Senior Secured Revolving Credit Agreement and Third Amended and Restated Guarantee, Pledge and Security Agreement, dated as of March 26, 2019, Amendment No. 2 to Second Amended and Restated Senior Secured Revolving Credit Agreement, dated as of July 24, 2019, and as further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among THL Credit, Inc., a Delaware corporation (the “Borrower”), the lenders from time to time party thereto and ING Capital LLC, as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Credit Ag
AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENTSenior Secured Revolving Credit Agreement • March 14th, 2022 • First Eagle Alternative Capital BDC, Inc. • New York
This AMENDMENT NO. 1 (this “Amendment”) dated as of March 11, 2022, by and among FIRST EAGLE ALTERNATIVE CAPITAL BDC, INC., a Delaware corporation (the “Borrower”), ING CAPITAL LLC, as administrative agent for the Lenders (as defined below) under the Credit Agreement (in such capacity, together with its successors in such capacity, the “Administrative Agent”), the several banks and other financial institutions or entities party hereto as lenders and solely for purposes of Section 2.9, the entities identified as Subsidiary Guarantors on the signature pages hereto (the “Subsidiary Guarantors”, and together with the Borrower, the “Obligors”), is made with respect to the Third Amended and Restated Senior Secured Revolving Credit Agreement, dated as of October 16, 2020 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the several banks and other financial institutions or entities from time to time party to the Credit Ag
AMENDED AND RESTATED INVESTMENT MANAGEMENT AGREEMENTInvestment Management Agreement • June 19th, 2019 • THL Credit, Inc. • Massachusetts
This Amended and Restated Agreement (the “Agreement”), dated as of June 14, 2019, between THL Credit, Inc., a Delaware corporation (the “Corporation”), and THL Credit Advisors LLC (the “Advisor”), a Delaware limited liability company amends and restates that certain Investment Management Agreement dated April 1, 2010 among the Corporation and the Advisor.
SUBSCRIPTION AGREEMENTSubscription Agreement • April 22nd, 2020 • THL Credit, Inc. • New York
THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is entered into as of [ ], 2020, by and between THL CREDIT, INC., a Delaware corporation (the “Company”), and [ ][, a [ ]] (“Purchaser”).
FORM OF WARRANT AGREEMENT WARRANT AGREEMENT BY AND BETWEEN THL CREDIT, INC. ANDForm of Warrant Agreement • August 25th, 2011 • THL Credit, Inc. • New York
Agreement made as of , between THL CREDIT, INC., a Delaware corporation, with offices at 100 Federal Street, 31st Floor, Boston, MA 02110 (“Company”), and , a corporation, with offices at (“Warrant Agent”).
INTERIM INVESTMENT MANAGEMENT AGREEMENTInterim Investment Management Agreement • February 4th, 2020 • THL Credit, Inc. • Massachusetts
This Interim Investment Management Agreement (the “Agreement”), dated as of January 31, 2020, is between THL Credit, Inc., a Delaware corporation (the “Corporation”), and First Eagle Alternative Credit, LLC, formerly known as THL Credit Advisors LLC (the “Advisor”), a Delaware limited liability company.
