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Document Preview Loan Funding and Servicing Agreement |
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Title: |
Loan Funding and Servicing Agreement |
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Entities: |
American Capital Strategies Ltd.; First Union National Bank; First Union Securities, Inc.; Wachovia Bank, NA; Wachovia Securities Inc.; Wells Fargo Bank Minnesota, NA |
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Date: |
2003 |
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Size: |
Preview shows 4KB of 13KB total |
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Price: |
$34 |
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ID: |
#387904 |
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EXECUTION VERSION
AMENDMENT NO. 13 TO
LOAN FUNDING AND SERVICING AGREEMENT
(VFCC Transaction with ACS Funding Trust I)
THIS AMENDMENT NO. 13 TO LOAN FUNDING AND SERVICING AGREEMENT, dated as of May 16, 2003 (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"), WACHOVIA SECURITIES, INC. (f/k/a First Union Securities, Inc. and successor-in-interest to First Union Capital Markets Corp.), as the deal agent (in such capacity, the "Deal Agent"), WACHOVIA BANK, NATIONAL ASSOCIATION (f/k/a First Union National Bank) ("WBNA"), 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 WACHOVIA BANK, NATIONAL ASSOCIATION (f/k/a First Union National Bank), as the 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).
R E C I T A L S
WHEREAS, the parties hereto entered into that certain Loan Funding and Servicing Agreement, dated as of March 31, 1999, as amended by that Amendment No. 1, dated as of June 30, 1999, Amendment No. 2, dated as of September 24, 1999, Amendment No. 3, dated as of December 14, 1999, Amendment No. 4, dated as of June 16, 2000, Amendment No. 5, dated as of December 20, 2000, Amendment No. 6, dated as of March 29, 2001, Amendment No. 7, dated as of April 19, 2001, Amendment No. 8, dated as of January 15, 2002, Amendment No. 9, dated as of March 29, 2002, Amendment No. 10, dated as of June 24, 2002, Amendment No. 11, dated as of December 30, 2002 and Amendment No. 12, dated as of March 25, 2003 (such agreement as amended, modified, supplemented, waived or restated from time to time, the "Agreement");
WHEREAS, the parties hereto desire to amend the Agreement to provide for an extension of the Facility Increase Expiration Date and the Facility Termination Date and in certain other respects as provided herein;
NOW, THEREFORE, based upon the above Recitals, the mutual premises and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
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