PennantPark Floating Rate Capital Ltd. Sample Contracts

AutoNDA by SimpleDocs
CUSTODY AGREEMENT
Custody Agreement • March 29th, 2011 • PennantPark Floating Rate Capital Ltd. • New York

AGREEMENT, dated as of March 3, 2011, between Pennantpark Floating Rate Capital Ltd. (the “Fund”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business having its principal office and place of business at One Wall Street, New York, New York 10286 (“Custodian”).

Revolving Credit and Security Agreement among PennantPark Floating Rate Funding I, LLC, as Borrower, PennantPark Investment Advisers, LLC, as Collateral Manager the Lenders from time to time parties hereto, SunTrust Robinson Humphrey, Inc., as Lead...
Credit and Security Agreement • June 29th, 2011 • PennantPark Floating Rate Capital Ltd. • New York

Revolving Credit and Security Agreement dated as of June 23, 2011 among PennantPark Floating Rate Funding I, LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, the “Borrower”); PennantPark Investment Advisers, LLC, a Delaware limited liability company, as the collateral manager (together with its permitted successors and assigns, the “Collateral Manager”), the Lenders from time to time party hereto; SunTrust Robinson Humphrey, Inc. (“STRH”), as administrative agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Administrative Agent”), SunTrust Bank, as the swingline lender (the “Swingline Lender”), U.S. Bank National Association, as collateral agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Collateral Agent”); U.S. Bank National Association, as custodian (in such capacity, together with its

COLLATERAL MANAGEMENT AGREEMENT dated as of February 22, 2024 by and between PENNANTPARK CLO VIII, LLC, as Issuer and PENNANTPARK INVESTMENT ADVISERS, LLC, as Collateral Manager
Collateral Management Agreement • February 27th, 2024 • PennantPark Floating Rate Capital Ltd. • New York

THIS COLLATERAL MANAGEMENT AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of February 22, 2024, is entered into by and between PENNANTPARK CLO VIII, LLC, a Delaware limited liability company (the “Issuer”), and PENNANTPARK INVESTMENT ADVISERS, LLC, (“PennantPark”) a Delaware limited liability company, as collateral manager (together with its successors and permitted assigns, in such capacity, the “Collateral Manager”).

PENNANTPARK FLOATING RATE CAPITAL LTD., Issuer, and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, Trustee Indenture Dated as of March 23, 2021 Providing for the Issuance of Debt Securities
PennantPark Floating Rate Capital Ltd. • March 23rd, 2021 • New York

INDENTURE, dated as of March 23, 2021, between PENNANTPARK FLOATING RATE CAPITAL LTD., a Maryland corporation (hereinafter called the “Company”), having its principal office at 590 Madison Avenue, 15th Floor, New York, New York 10022, and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, a New York limited liability trust company (hereinafter called the “Trustee”), having its Corporate Trust Office at 6201 15th Avenue, Brooklyn, New York 11219.

PENNANTPARK FLOATING RATE CAPITAL LTD. 5,000,000 Shares of Common Stock ($0.001 Par Value Per Share) UNDERWRITING AGREEMENT
Underwriting Agreement • February 16th, 2017 • PennantPark Floating Rate Capital Ltd. • New York
WARRANT AGREEMENT By and Between PENNANTPARK FLOATING RATE CAPITAL LTD. and
Warrant Agreement • March 14th, 2012 • PennantPark Floating Rate Capital Ltd. • New York

Agreement made as of , between PENNANTPARK FLOATING RATE CAPITAL LTD., a Maryland corporation, with offices at 590 Madison Ave., 15 th Floor, New York, NY 10022 (“Company”), and , a corporation, with offices at (“Warrant Agent”).

SECOND AMENDED AND RESTATED INVESTMENT ADVISORY MANAGEMENT AGREEMENT BETWEEN PENNANTPARK FLOATING RATE CAPITAL LTD. AND PENNANTPARK INVESTMENT ADVISERS, LLC
Management Agreement • February 4th, 2016 • PennantPark Floating Rate Capital Ltd. • New York

SECOND AMENDED AND RESTATED AGREEMENT (this “Agreement”) made this 2nd day of February 2016, by and between PENNANTPARK FLOATING RATE CAPITAL LTD., a Maryland corporation (the “Corporation”), and PENNANTPARK INVESTMENT ADVISERS, LLC, a Delaware limited liability company (the “Adviser”).

REVOLVING CREDIT AND SECURITY AGREEMENT among PENNANTPARK FLOATING RATE FUNDING I, LLC, as Borrower, PENNANTPARK INVESTMENT ADVISERS, LLC, as Collateral Manager THE LENDERS FROM TIME TO TIME PARTIES HERETO, TRUIST BANK, as Administrative Agent TRUIST...
Revolving Credit and Security Agreement • August 18th, 2021 • PennantPark Floating Rate Capital Ltd. • New York

REVOLVING CREDIT AND SECURITY AGREEMENT dated as of August 12, 2021 among PENNANTPARK FLOATING RATE FUNDING I, LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, the “Borrower”); PENNANTPARK INVESTMENT ADVISERS, LLC, a Delaware limited liability company, as the collateral manager (together with its permitted successors and assigns, the “Collateral Manager”), the LENDERS from time to time party hereto; TRUIST BANK, as administrative agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Administrative Agent”), TRUIST BANK, as the swingline lender (the “Swingline Lender”), U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Collateral Agent”); U.S. BANK NATIONAL ASSOCIATION, as custodian (in such capacity, together with its successors and assigns, the “C

FIRST SUPPLEMENTAL INDENTURE between PENNANT PARK FLOATING RATE CAPITAL LTD. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as Trustee Dated as of March 23, 2021
Indenture • March 23rd, 2021 • PennantPark Floating Rate Capital Ltd. • New York

THIS FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of March 23, 2021, is between Pennant Park Floating Rate Capital Ltd., a Maryland corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, as trustee (the “Trustee”). All capitalized terms used herein shall have the meaning set forth in the Base Indenture (as defined below) unless otherwise defined herein.

PENNANTPARK SENIOR SECURED LOAN FUND I LLC LIMITED LIABILITY COMPANY AGREEMENT
Limited Liability Company Agreement • August 8th, 2017 • PennantPark Floating Rate Capital Ltd. • Delaware

This Limited Liability Company Agreement, dated as of May 4, 2017, of PennantPark Senior Secured Loan Fund I LLC (the “Company”) is entered into by and between PennantPark Floating Rate Capital Ltd. and Trinity Universal Insurance Company (each, a “Member” and collectively, the “Members”).

ADMINISTRATION AGREEMENT
Administration Agreement • March 29th, 2011 • PennantPark Floating Rate Capital Ltd. • New York

AGREEMENT (this “Agreement”) made as of [ ], 2011 by and between PennantPark Floating Rate Capital Ltd., a Maryland corporation (hereinafter referred to as the “Corporation”), and PennantPark Investment Administration, LLC, a Delaware limited liability company, (hereinafter referred to as the “Administrator”).

PENNANTPARK FLOATING RATE CAPITAL LTD. (a Maryland corporation) $ Aggregate Principal Amount Senior Securities $ Aggregate Principal Amount Subordinated Securities and Warrants to Purchase Debt Securities PURCHASE AGREEMENT
Purchase Agreement • March 14th, 2012 • PennantPark Floating Rate Capital Ltd. • New York

PennantPark Floating Rate Capital Ltd., a Maryland corporation (the “Company”), confirms its agreement 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 the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of $ [—] aggregate principal amount of senior debt securities (the “Senior Securities”) or subordinated debt securities (the “Subordinated Securities”), or both, and/or Warrants (the “Debt Warrants”) to purchase Senior Securities or Subordinated Securities, or both, of the Company set forth in said Schedule A.

CREDIT AGREEMENT dated as of February 22, 2024 among PENNANTPARK CLO VIII, LLC, as Borrower, VARIOUS FINANCIAL INSTITUTIONS AND OTHER PERSONS, as Lenders, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Loan Agent and WILMINGTON TRUST, NATIONAL...
Credit Agreement • February 27th, 2024 • PennantPark Floating Rate Capital Ltd. • New York

THIS CREDIT AGREEMENT (this “Agreement”), dated as of February 22, 2024, is entered into by and among PENNANTPARK CLO VIII, LLC, a limited liability company formed under the laws of the State of Delaware (the “Borrower”), VARIOUS FINANCIAL INSTITUTIONS AND OTHER PERSONS which are, or may become, parties hereto as Lenders (the “Lenders”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, not in its individual capacity but as Loan Agent (in such capacity, the “Loan Agent”) and as Collateral Trustee under the Indenture (in such capacity, the “Collateral Trustee”).

INDENTURE AND SECURITY AGREEMENT between PENNANTPARK CLO VIII, LLC, Issuer and WILMINGTON TRUST, NATIONAL ASSOCIATION, Collateral Trustee Dated as of February 22, 2024
Indenture and Security Agreement • February 27th, 2024 • PennantPark Floating Rate Capital Ltd. • New York

INDENTURE AND SECURITY AGREEMENT, dated as of February 22, 2024, between PennantPark CLO VIII, LLC, a limited liability company formed under the laws of the State of Delaware (the “Issuer”) and Wilmington Trust, National Association, a national banking association, in its capacity as collateral trustee (herein, together with its permitted successors and assigns in the trusts hereunder, the “Collateral Trustee”).

PENNANTPARK FLOATING RATE CAPITAL LTD. (a Maryland corporation) $85,000,000 4.25% Notes due 2026 UNDERWRITING AGREEMENT Dated: October 6, 2021
Underwriting Agreement • October 12th, 2021 • PennantPark Floating Rate Capital Ltd. • New York
Letterhead of PennantPark Floating Rate Capital Ltd.]
PennantPark Floating Rate Capital Ltd. • April 8th, 2011

Reference is hereby made to the letter agreement regarding the repayment of sales load accepted by you on April 7, 2011. By accepting this letter agreement, you hereby agree that this letter agreement shall amend and restate in its entirety the letter agreement of April 7, 2011.

SUBSCRIPTION RIGHTS AGREEMENT By and Between PENNANTPARK FLOATING RATE CAPITAL LTD. and
Subscription Rights Agreement • March 14th, 2012 • PennantPark Floating Rate Capital Ltd. • New York

This Subscription Rights Agreement (the “Agreement”) is made as of between PennantPark Floating Rate Capital Ltd., a Maryland corporation (the “Company”), and , a [state] corporation (the “Subscription Agent”), and relates to the base prospectus included in the Registration Statement on Form N-2, File No. [ ] filed by the Company with the Securities and Exchange Commission on [ , 20 ], 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).

INDEMNIFICATION AGREEMENT
Indemnification Agreement • November 22nd, 2016 • PennantPark Floating Rate Capital Ltd. • Maryland

This INDEMNIFICATION AGREEMENT is made this 15th day of November, 2016 (“Agreement”) by and between PennantPark Floating Rate Capital Ltd. (the “Company”) and each of the Company’s Directors and/or Officers listed on Schedule A hereto (each, an “Indemnitee”).

PENNANTPARK FLOATING RATE CAPITAL LTD. 4,250,000 Shares of Common Stock ($0.001 Par Value Per Share) UNDERWRITING AGREEMENT
Underwriting Agreement • January 26th, 2023 • PennantPark Floating Rate Capital Ltd. • New York
AGREEMENT AND PLAN OF MERGER by and among MCG CAPITAL CORPORATION, PENNANTPARK FLOATING RATE CAPITAL LTD., PFLT PANAMA, LLC, PFLT FUNDING II, LLC and SOLELY FOR THE PURPOSES OF SECTIONS 3.2 5.26, 5.27 AND ARTICLE IX, PENNANTPARK INVESTMENT ADVISERS,...
Agreement and Plan of Merger • April 29th, 2015 • PennantPark Floating Rate Capital Ltd. • Delaware

AGREEMENT AND PLAN OF MERGER, dated as of April 28, 2015 (this “Agreement”), by and among MCG Capital Corporation, a Delaware corporation (the “Company”), PennantPark Floating Rate Capital Ltd., a Maryland corporation (“Parent”), PFLT Panama, LLC, a Delaware limited liability company and wholly-owned subsidiary of Parent (“Sub One”), PFLT Funding II, LLC, a Delaware limited liability company and wholly-owned subsidiary of Parent (“Sub Two” and together with Sub One, the “Merger Subs”) and solely for the purposes of Sections 3.2 5.26, 5.27 and Article IX, PennantPark Investment Advisers, LLC, a Delaware limited liability company (the “Investment Adviser”).

AutoNDA by SimpleDocs
AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT among PENNANTPARK FLOATING RATE FUNDING I, LLC, as Borrower, PENNANTPARK INVESTMENT ADVISERS, LLC, as Collateral Manager THE LENDERS FROM TIME TO TIME PARTIES HERETO, SUNTRUST BANK, as...
Revolving Credit and Security Agreement • August 9th, 2012 • PennantPark Floating Rate Capital Ltd. • New York

AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT dated as of May 14, 2012 among PENNANTPARK FLOATING RATE FUNDING I, LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, the “Borrower”); PENNANTPARK INVESTMENT ADVISERS, LLC, a Delaware limited liability company, as the collateral manager (together with its permitted successors and assigns, the “Collateral Manager”), the LENDERS from time to time party hereto; SUNTRUST BANK, as administrative agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Administrative Agent”), U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Collateral Agent”); U.S. BANK NATIONAL ASSOCIATION, as custodian (in such capacity, together with its successors and assigns, the “Custodian”); U.S. BANK NATIONAL ASSOCIATION,

PENNANTPARK FLOATING RATE CAPITAL LTD. 4,000,000 Shares of Common Stock ($0.001 Par Value Per Share) UNDERWRITING AGREEMENT
Underwriting Agreement • August 11th, 2022 • PennantPark Floating Rate Capital Ltd. • New York
PENNANTPARK FLOATING RATE CAPITAL LTD. 3,000,000 Shares of Common Stock ($.001 Par Value Per Share) UNDERWRITING AGREEMENT
PennantPark Floating Rate Capital Ltd. • March 21st, 2013 • New York

PennantPark Floating Rate Capital Ltd., a Maryland corporation (the “Company”), proposes to issue and sell an aggregate of 3,000,000 shares (the “Firm Shares”) of common stock, $.001 par value per share (the “Common Stock”), of the Company (the “Offering”). It is understood that, subject to the conditions hereinafter stated, the Firm Shares will be sold by the Company to the several Underwriters named in Schedule A hereto (the “Underwriters”) in connection with the offer and sale of such Firm Shares. Morgan Stanley & Co. LLC, J.P. Morgan Securities LLC and Keefe, Bruyette & Woods, Inc. shall act as joint book-running managers (the “Joint Book-Running Managers”).

SUB-ADMINISTRATIVE AND ACCOUNTING SERVICES AGREEMENT
Sub-Administrative and Accounting Services Agreement • March 29th, 2011 • PennantPark Floating Rate Capital Ltd. • New York

AGREEMENT made as of , 2011 by and between Pennantpark Administration, LLC (the “Administrator”), The Bank of New York Mellon, a corporation organized under the laws of the State of New York, through its Alternative Investment Services division, (“BNYM-AIS”) and PennantPark Floating Rate Capital Ltd. (the “Fund”).

MASTER LOAN SALE AGREEMENT by and among PENNANTPARK FLOATING RATE CAPITAL LTD., as the Seller, PENNANTPARK CLO VIII, LLC, as the Buyer and PENNANTPARK FLOATING RATE FUNDING I, LLC as the Financing Subsidiary Dated as of February 22, 2024
Master Loan Sale Agreement • February 27th, 2024 • PennantPark Floating Rate Capital Ltd.

THIS MASTER LOAN SALE AGREEMENT, dated as of February 22, 2024 (as amended, modified, supplemented or restated from time to time, this “Agreement”), is among PENNANTPARK FLOATING RATE CAPITAL LTD., a Maryland corporation, (in its capacity as seller hereunder, together with its successors and assigns, the “Seller”), PENNANTPARK CLO VIII, LLC, a Delaware limited liability company (together with its successors and assigns, the “Buyer”) and PENNANTPARK FLOATING RATE FUNDING I, LLC, a Delaware limited liability company (the “Financing Subsidiary”).

SECOND AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • November 13th, 2017 • PennantPark Floating Rate Capital Ltd. • New York

THIS SECOND AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT, dated as of November 9, 2017 (the “Amendment”), is made pursuant to that certain Third Amended and Restated Revolving Credit and Security Agreement dated as of May 22, 2015 (as amended, restated, modified or supplemented from time to time, the “Agreement”), by and among PENNANTPARK FLOATING RATE FUNDING I, LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, the “Borrower”); PENNANTPARK INVESTMENT ADVISERS, LLC, a Delaware limited liability company, as the collateral manager (together with its permitted successors and assigns, the “Collateral Manager”); the LENDERS from time to time party thereto; SUNTRUST BANK (“SunTrust Bank”), as administrative agent for the Secured Parties (in such capacity, together with its successors and assigns, the “Administrative Agent”), U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Secured Parties

FIRST AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT
Security Agreement • November 12th, 2015 • PennantPark Floating Rate Capital Ltd. • New York

THIS FIRST AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT, dated as of August 26, 2015 (the “Amendment”), is made pursuant to that certain Third Amended and Restated Revolving Credit and Security Agreement dated as of May 22, 2015 (as amended, restated, modified or supplemented from time to time, the “Agreement”), by and among PENNANTPARK FLOATING RATE FUNDING I, LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, the “Borrower”); PENNANTPARK INVESTMENT ADVISERS, LLC, a Delaware limited liability company, as the collateral manager (together with its permitted successors and assigns, the “Collateral Manager”); the LENDERS from time to time party thereto; SUNTRUST BANK (“SunTrust Bank”), as administrative agent for the Secured Parties (in such capacity, together with its successors and assigns, the “Administrative Agent”), U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Secured Parties (i

AMENDED AND RESTATED INVESTMENT ADVISORY MANAGEMENT AGREEMENT BETWEEN PENNANTPARK FLOATING RATE CAPITAL LTD. AND PENNANTPARK INVESTMENT ADVISERS, LLC
Investment Advisory Management Agreement • August 9th, 2012 • PennantPark Floating Rate Capital Ltd. • New York

AMENDED AND RESTATED AGREEMENT (this “Agreement”) made this 7th day of August, 2012, by and between PENNANTPARK FLOATING RATE CAPITAL LTD., a Maryland corporation (the “Corporation”), and PENNANTPARK INVESTMENT ADVISERS, LLC, a Delaware limited liability company (the “Adviser”).

TRADEMARK LICENSE AGREEMENT
Trademark License Agreement • March 29th, 2011 • PennantPark Floating Rate Capital Ltd. • New York

This TRADEMARK LICENSE AGREEMENT (this “Agreement”) is made and effective as of [ ], 2011 (the “Effective Date”), by and between PennantPark Investment Advisers, LLC a Delaware limited liability company (the “Licensor” or the “Adviser”), and PennantPark Floating Rate Capital Ltd., a corporation organized under the laws of the State of Maryland (the “Corporation”) (each a “party,” and collectively, the “parties”).

AMENDED AND RESTATED ADMINISTRATION AGREEMENT
Administration Agreement • May 24th, 2024 • PennantPark Floating Rate Capital Ltd. • New York

AGREEMENT (this “Agreement”) made as of May 20, 2024 by and between PennantPark Floating Rate Capital Ltd., a Maryland corporation (hereinafter referred to as the “Corporation”), and PennantPark Investment Administration, LLC, a Delaware limited liability company, (hereinafter referred to as the “Administrator”).

THIRD AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • May 9th, 2013 • PennantPark Floating Rate Capital Ltd. • New York

THIS THIRD AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT, dated as of March 29, 2013 (the “Amendment”), is made pursuant to that certain Amended and Restated Revolving Credit and Security Agreement dated as of May 14, 2012 (as amended, restated, modified or supplemented from time to time, the “Agreement”), among PENNANTPARK FLOATING RATE FUNDING I, LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, the “Borrower”); PENNANTPARK INVESTMENT ADVISERS, LLC, a Delaware limited liability company, as the collateral manager (together with its permitted successors and assigns, the “Collateral Manager”); the LENDERS from time to time party thereto; SUNTRUST BANK (“SunTrust Bank”), as administrative agent for the Secured Parties (in such capacity, together with its successors and assigns, the “Administrative Agent”), U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Secured Parties (in such capacity, tog

PURCHASE AND CONTRIBUTION AGREEMENT Dated as of June 23, 2011
Purchase and Contribution Agreement • June 29th, 2011 • PennantPark Floating Rate Capital Ltd. • New York
AMENDED AND RESTATED PURCHASE AND CONTRIBUTION AGREEMENT Dated as of August 12, 2021 Between PENNANTPARK FLOATING RATE FUNDING I, LLC as Buyer and PENNANTPARK FLOATING RATE CAPITAL LTD. as Seller
Purchase and Contribution Agreement • August 18th, 2021 • PennantPark Floating Rate Capital Ltd. • New York

AMENDED AND RESTATED PURCHASE AND CONTRIBUTION AGREEMENT, dated as of August 12, 2021 by and between PENNANTPARK FLOATING RATE CAPITAL LTD., a Maryland corporation, as seller (the “Seller”), and PENNANTPARK FLOATING RATE FUNDING I, LLC, a Delaware limited liability company, as buyer (the “Buyer”).

Time is Money Join Law Insider Premium to draft better contracts faster.