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 EFFECT AND ARE HEREBY
RATIFIED AND CONFIRMED.
(C)
THE EXECUTION, DELIVERY AND EFFECTIVENESS
OF THIS AMENDMENT SHALL NOT OPERATE AS A WAIVER OF ANY RIGHT, POWER OR REMEDY OF
THE ADMINISTRATIVE AGENT, ANY MANAGING AGENT OR ANY LENDER UNDER THE CREDIT
AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT OR ANY OTHER DOCUMENT, INSTRUMENT OR
AGREEMENT EXECUTED IN CONNECTION THEREWITH, NOR CONSTITUTE A WAIVER OF ANY
PROVISION CONTAINED THEREIN, IN EACH CASE EXCEPT AS SPECIFICALLY SET FORTH
HEREIN.
SECTION 5.
EXECUTION IN COUNTERPARTS.
THIS AMENDMENT MAY BE EXECUTED IN ANY
NUMBER OF COUNTERPARTS AND BY DIFFERENT PARTIES HERETO IN SEPARATE COUNTERPARTS,
EACH OF WHICH WHEN SO EXECUTED AND DELIVERED SHALL BE DEEMED TO BE AN ORIGINAL
AND ALL OF WHICH TAKEN TOGETHER SHALL CONSTITUTE BUT ONE AND THE SAME
INSTRUMENT.
DELIVERY OF AN EXECUTED COUNTERPART OF A SIGNATURE PAGE TO THIS
AMENDMENT BY TELECOPIER OR ELECTRONIC DELIVERY SHALL BE EFFECTIVE AS DELIVERY OF
A MANUALLY EXECUTED COUNTERPART OF THIS AMENDMENT.
SECTION 6.
GOVERNING LAW.
THIS AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITH REFERENCE TO SECTIONS
5-1401 AND 5-
2
1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW BUT OTHERWISE WITHOUT REGARD TO
CONFLICT OF LAW PROVISIONS.
SECTION 7.
HEADINGS.
SECTION HEADINGS IN THIS AMENDMENT ARE INCLUDED HEREIN
FOR CONVENIENCE OF REFERENCE ONLY AND SHALL NOT CONSTITUTE A PART OF THIS
AMENDMENT FOR ANY OTHER PURPOSE.
SECTION 8.
FEES AND EXPENSES.
THE BORROWER FURTHER 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, 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]
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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 LOAN, LLC, as Borrower
By:
Name:
Title:
4
DEUTSCHE BANK AG, NEW YORK BRANCH,
as a Committed Lender, Managing Agent and
Administrative Agent
By:
Name:
Title:
By:
Name:
Title:
TAHOE FUNDING CORP., as CP Lender
By:
Name:
Title:
5
KEYBANK, NATIONAL ASSOCIATION,
as a Committed Lender and Managing
Agent
By:
Name:
Title:
6
RELATIONSHIP FUNDING COMPANY, LLC,
as CP Lender
By:
Name:
Title:
7