Exhbit 10.1
AMENDMENT NO. 6
TO
AMENDED AND RESTATED CREDIT AGREEMENT
THIS AMENDMENT NO. 6 TO AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment")
dated as of April 24, 2008, is entered into among GLADSTONE BUSINESS LOAN, LLC,
(the "Borrower"), TAHOE FUNDING CORP., as CP Lender, RELATIONSHIP FUNDING
COMPANY, LLC, as CP Lender, DEUTSCHE BANK AG, NEW YORK BRANCH ("Deutsche Bank"),
KEYBANK, NATIONAL ASSOCIATION ("KeyBank") and BRANCH BANKING AND TRUST COMPANY
("BB&T"), as Committed Lenders (collectively, the "Committed Lenders"), Deutsche
Bank, KeyBank and BB&T as Managing Agents (in such capacity, collectively the
"Managing Agents") and Deutsche Bank as Administrative Agent (in such capacity,
the "Administrative Agent"). Capitalized terms used herein without definition
shall have the meanings ascribed thereto in the "Credit Agreement" referred to
below.
PRELIMINARY STATEMENTS
A.
Reference is made to that certain Amended
and Restated Credit Agreement, dated as of May 26, 2006, among the Borrower,
Gladstone Management Corporation, as Servicer, the CP Lenders, the Committed
Lenders, the Managing Agents and the Administrative Agent (as amended, modified
or supplemented from time to time, the "Credit Agreement").
B.
The parties hereto have agreed to amend
certain provisions of the Credit Agreement upon the terms and conditions set
forth herein.
SECTION 1. Amendment of the Credit Agreement. The Credit Agreement is hereby
amended as noted in the conformed copy thereof attached hereto as Exhibit A.
SECTION 2. Representations and Warranties. The Borrower hereby represents and
warrants to each of the other parties hereto, that:
(A)
THIS AMENDMENT CONSTITUTES ITS LEGAL, VALID
AND BINDING OBLIGATION, ENFORCEABLE AGAINST IT IN ACCORDANCE WITH ITS TERMS; AND
(B)
ON THE DATE HEREOF, BEFORE AND AFTER GIVING
EFFECT TO THIS AMENDMENT, OTHER THAN AS AMENDED OR WAIVED PURSUANT TO THIS
AMENDMENT, NO EARLY TERMINATION EVENT OR UNMATURED TERMINATION EVENT HAS
OCCURRED AND IS CONTINUING.
SECTION 3. Condition. This Amendment shall become effective on the first
Business Day (the "Effective Date") on which the Administrative Agent or its
counsel has received (i) counterpart signature pages of this Amendment, executed
by each of the parties hereto and (ii) counterpart signature pages to that
certain Joinder Agreement, executed by BB&T and each of the other parties
thereto.
SECTION 4. Reference to and Effect on the Transaction Documents.
(a)
Upon the Effective Date, (i) each reference
in the Credit Agreement to "this Credit Agreement", "this Agreement",
"hereunder", "hereof", "herein" or words of like import shall mean and be a
reference to the Credit Agreement as amended or otherwise modified hereby, and
(ii) each reference to the Credit Agreement in any other Transaction Document or
any other document, instrument or agreement executed and/or delivered in
connection therewith, shall mean and be a reference to the Credit Agreement as
amended or otherwise modified hereby.
(b)
Except as specifically amended, terminated
or otherwise modified above, the terms and conditions of the Credit Agreement
(including all other amendments thereto), of all other Transaction Documents and
any other documents, instruments and agreements executed and/or delivered in
connection therewith, shall remain in full force and