Structure EXHIBITS
EXHIBIT A:
Schedule of Investors/Form of
Borrowing Base Certificate EXHIBIT B:
Form of Note EXHIBIT C:
Form of
Borrower Security Agreement EXHIBIT D:
Form of Borrower Pledge of Collateral
Account EXHIBIT E:
Form of Request for Borrowing EXHIBIT F:
[Reserved]
EXHIBIT G:
Form of Rollover/Conversion Notice EXHIBIT H:
Form of Lender
Assignment and Assumption EXHIBIT I:
Form of Qualified Borrower Promissory
Note EXHIBIT J:
Form of Qualified Borrower Guaranty EXHIBIT K:
[Reserved]
EXHIBIT L:
[Reserved] EXHIBIT M:
Form of Responsible Officer's Certificate
EXHIBIT N:
Form of Compliance Certificate EXHIBIT O:
Form of Lender
Joinder Agreement EXHIBIT P:
Form of Facility Extension/Increase Request
EXHIBIT Q:
Form of Capital Return Certification EXHIBIT R:
Form of Capital
Return Notice EXHIBIT S-1:
Form of U.S. Tax Compliance Certificate (For
Foreign Lenders That Are Not Partnerships) EXHIBIT S-2:
Form of U.S. Tax
Compliance Certificate (For Foreign Participants That Are Not Partnerships)
EXHIBIT S-3:
Form of U.S. Tax Compliance Certificate (For Foreign
Participants That Are Partnerships) EXHIBIT S-4:
Form of U.S. Tax Compliance
Certificate (For Foreign Lenders That Are Partnerships) EXHIBIT T:
Form of
Subscription Agreement
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REVOLVING CREDIT AGREEMENT
THIS REVOLVING CREDIT AGREEMENT, is dated as of November 15, 2017, by and among
AB PRIVATE CREDIT INVESTORS CORPORATION, a Maryland corporation, (the "Initial
Borrower", and collectively with any other Borrower becoming party hereto
(including Qualified Borrowers), the "Borrowers"), the banks and financial
institutions from time to time party hereto as Lenders and HSBC BANK USA,
NATIONAL ASSOCIATION, ("HSBC"), as the Administrative Agent (as hereinafter
defined) for the Secured Parties.
A. The Initial Borrower has requested that the Lenders make loans to provide
working capital to the Initial Borrower and to any other Borrower becoming a
party hereto for purposes permitted under the Constituent Documents (as defined
below) of the Borrowers.
B. The Lenders are willing to make loans upon the terms and subject to the
conditions set forth in this Credit Agreement.
NOW, THEREFORE, in consideration of the mutual promises herein contained and for
other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto, intending to be legally bound, hereby agree as
follows:
Section 1. DEFINITIONS
1.1. Defined Terms. For the purposes of the Loan Documents, unless otherwise
expressly defined, the following terms shall have the meanings assigned to them
below:
"Account Bank" means State Street Bank and Trust Company or any other Eligible
Institution designated as an "Account Bank" in a Borrower Control Agreement.
"Adequately Capitalized" means compliance with the capital standards for bank
holding companies as described in the Bank Holding Company Act of 1956, as
amended, and regulations promulgated thereunder.
"Adjusted LIBOR" means, for any Loan, for any Interest Period therefor, the rate
per annum (rounded upwards, if necessary, to the nearest 1/100 of 1%) determined
by the Administrative Agent to be equal to: (a) the quotient obtained by
dividing: (i) LIBOR for such Loan for such Interest Period; by (ii) one
(1) minus the LIBOR Reserve Requirement for such Loan for such Interest