TO THE ADMINISTRATIVE
AGENT, MANAGING AGENTS OR LENDERS WITH RESPECT THERETO.
SECTION 10.
BANKRUPTCY PETITIONS AGAINST CONCORD. GLADSTONE MANAGEMENT
CORPORATION HEREBY COVENANTS AND AGREES THAT, PRIOR TO THE DATE WHICH IS ONE
YEAR AND ONE DAY AFTER THE PAYMENT IN FULL OF ALL OUTSTANDING COMMERCIAL PAPER
AND ANY OTHER DEBT SECURITIES OF CONCORD RATED, AT THE REQUEST OF CONCORD, BY AN
INTERNATIONALLY RECOGNIZED RATING AGENCY, IT WILL NOT INSTITUTE AGAINST, OR JOIN
ANY OTHER PERSON IN INSTITUTING AGAINST, CONCORD ANY BANKRUPTCY, REORGANIZATION,
ARRANGEMENT, INSOLVENCY OR LIQUIDATION PROCEEDINGS OR OTHER SIMILAR PROCEEDING
UNDER THE LAWS OF ANY JURISDICTION. THIS PROVISION SHALL SURVIVE THE TERMINATION
OF THE CREDIT AGREEMENT.
[Remainder of Page Deliberately Left Blank]
3
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
By:
/s/ David Gladstone
Name:
David Gladstone
Title:
Chairman
GLADSTONE ADVISERS, INC.
By:
/s/ David Gladstone
Name:
David Gladstone
Title:
Chairman
GLADSTONE MANAGEMENT CORPORATION
By:
/s/ David Gladstone
Name:
David Gladstone
Title:
Chairman
Signature Page to
Amendment No. 3 and Consent to Credit Agreement
CONCORD MINUTEMEN CAPITAL COMPANY, LLC
By:
/s/ Thomas J. Irvin
Name:
Thomas J. Irvin
Title:
Manager
CANADIAN IMPERIAL BANK OF COMMERCE, as a
Committed Lender, Managing Agent and Administrative Agent
By:
/s/ Jeffrey C. Bazoian
Name:
Jeffrey C. Bazoian
Title:
Authorized Signatory
By:
/s/ Jim Lees
Name:
Jim Lees
Title:
Authorized Signatory
PUBLIC SQUARE FUNDING LLC
By:
/s/ Evelyn Echevarria
Name:
Evelyn Echevarria
Title:
Vice President
KEYBANK, NATIONAL ASSOCIATION, as a
Committed Lender and Managing Agent
By:
/s/ Paul Henson
Name:
Paul Henson
Title:
Executive Vice President