LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF ACAS BUSINESS LOAN LLC, 2002–1Limited Liability Company Operating Agreement • May 15th, 2002 • American Capital Strategies LTD • Delaware
ACAS TRANSFER AGREEMENT between AMERICAN CAPITAL STRATEGIES, LTD., as the Originator, and ACAS BUSINESS LOAN LLC, 2002–1, as the Trust Depositor Dated as of March 15, 2002 ACAS Business Loan Trust Notes, Series 2002–1 Class A, Class B and Class C NotesAcas Transfer Agreement • May 15th, 2002 • American Capital Strategies LTD • New York
THIS ACAS TRANSFER AGREEMENT, dated as of March 15, 2002, is between AMERICAN CAPITAL STRATEGIES, LTD., a Delaware corporation (together with its successors and assigns, “ACAS”), as the originator (together with its successor and assigns, the “Originator”) and ACAS BUSINESS LOAN LLC, 2002–1, a Delaware limited liability company, as the trust depositor (together with its successor and assigns, the “Trust Depositor”).
TRANSFER AND SERVICING AGREEMENT by and among ACAS BUSINESS LOAN TRUST 2002–1,Transfer and Servicing Agreement • May 15th, 2002 • American Capital Strategies LTD • New York
WHEREAS, in the regular course of its business, the Originator originates, purchases and/or acquires Loans (as defined herein);
INDENTURE by and between ACAS BUSINESS LOAN TRUST 2002–1,Indenture • May 15th, 2002 • American Capital Strategies LTD • New York
THIS INDENTURE, dated as of March 15, 2002 (as amended, modified, restated, replaced, substituted, supplemented, waived or extended from time to time, the “Indenture”), is by and between ACAS BUSINESS LOAN TRUST 2002–1, a Delaware business trust, as the issuer (together with its successors and assigns, in such capacity, the “Issuer”), and WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, not in its individual capacity but solely in its capacity as the indenture trustee (together with its successors and assigns, in such capacity, the “Indenture Trustee”).
AMENDMENT NO. 8 TO LOAN FUNDING AND SERVICING AGREEMENT (VFCC Transaction with ACS Funding Trust I)Loan Funding and Servicing Agreement • May 15th, 2002 • American Capital Strategies LTD • New York
THIS AMENDMENT NO. 8 TO LOAN FUNDING AND SERVICING AGREEMENT, dated as of January 15, 2002 (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”), certain INVESTORS, VARIABLE FUNDING CAPITAL CORPORATION, as a lender (in such capacity, a “Lender”), FIRST UNION SECURITIES, INC. (successor–in–interest to First Union Capital Markets Corp.), as the deal agent (in such capacity, the “Deal Agent”), FIRST UNION NATIONAL BANK, as a lender (in such capacity, a “Lender”) and as the liquidity agent (in such capacity, the “Liquidity Agent”), WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION (f/k/a Norwest 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 FIRST UNION NATIONAL BANK,
