ON THE DATE
HEREOF.
IN THE EVENT THE BORROWER REQUESTS, PURSUANT TO SECTION 2.1(B) OF THE
CREDIT AGREEMENT, TO EXTEND THE COMMITMENT TERMINATION DATE PAST OCTOBER 18,
2007, BUT THE COMMITTED LENDER DECLINES TO GRANT SUCH EXTENSION, THE COMMITTED
LENDER WILL RETURN $150,000 OF THE UPFRONT FEE TO THE BORROWER ON OR BEFORE
OCTOBER 18, 2007 (THE "REBATE").
HOWEVER, IN THE EVENT THE COMMITTED LENDER
AGREES TO EXTEND THE COMMITMENT TERMINATION DATE PAST OCTOBER 18, 2007, THE
COMMITTED LENDER SHALL BE ENTITLED TO A RENEWAL FEE OF $150,000, WHICH RENEWAL
FEE IS INCLUDED IN THE UPFRONT FEE PAYABLE HEREUNDER AND THE LENDER SHALL HAVE
NO FURTHER RECOURSE AGAINST THE BORROWER FOR SUCH FEES.
FOR AVOIDANCE OF DOUBT,
IN THE EVENT THE BORROWER DOES NOT REQUEST AN EXTENSION OF THE COMMITMENT
TERMINATION DATE PAST OCTOBER 18, 2007, THE BORROWER SHALL NOT BE ENTITLED TO
THE REBATE.
(B)
THE BORROWER HEREBY CONFIRMS ITS AGREEMENT TO PAY ON DEMAND ALL
REASONABLE COSTS AND EXPENSES OF THE ADMINISTRATIVE AGENT, MANAGING AGENTS OR
LENDERS IN CONNECTION WITH THE PREPARATION, EXECUTION AND DELIVERY OF THIS
AMENDMENT AND ANY OF THE OTHER INSTRUMENTS, DOCUMENTS AND AGREEMENTS TO BE
EXECUTED AND/OR DELIVERED IN CONNECTION HEREWITH, INCLUDING, WITHOUT LIMITATION,
RATING AGENCY EXPENSES AND THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF
COUNSEL TO THE ADMINISTRATIVE AGENT, MANAGING AGENTS OR LENDERS WITH RESPECT
THERETO.
[Remainder of Page Deliberately Left Blank]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed by their respective officers as of the date first above written.
GLADSTONE BUSINESS INVESTMENT, LLC
By:
Name: George Stelljes III
Title: President
Signature Page to Amendment No. 1 to Credit Agreement - Gladstone Business
Investment, LLC
DEUTSCHE BANK AG, CAYMAN
ISLAND BRANCH, as sole Committed
Lender
By:
Name:
Title:
By:
Name:
Title:
DEUTSCHE BANK AG, NEW YORK
BRANCH, as a Managing Agent and as
Administrative Agent
By:
Name:
Title:
By:
Name:
Title:
Signature Page to Amendment No. 1 to Credit Agreement - Gladstone Business
Investment, LLC