Exhibit 10.1
SECOND AMENDMENT TO SENIOR SECURED
REVOLVING CREDIT AGREEMENT AND COMMITMENT INCREASE
THIS SECOND AMENDMENT TO SENIOR SECURED REVOLVING CREDIT AGREEMENT AND
COMMITMENT INCREASE dated as of September 13, 2019 (this "Amendment"), to the
Existing Credit Agreement (capitalized terms used herein and not otherwise
defined shall have the meanings given to such terms in Article I) is among
STELLUS CAPITAL INVESTMENT CORPORATION, a Maryland corporation (the "Borrower"),
the LENDERS party hereto, and ZIONS BANCORPORATION, N.A. dba AMEGY BANK, as
Administrative Agent.
W I T N E S S E T H:
WHEREAS, the Borrower, the Lenders and the Administrative Agent are parties to
that certain Senior Secured Revolving Credit Agreement, dated as of October 10,
2017 (the "Existing Credit Agreement"; as amended by that certain First
Amendment to Senior Secured Revolving Credit Agreement and Commitment Increase
dated as of August 2, 2018, and as the same may be further amended,
supplemented, amended and restated or otherwise modified from time to time, the
"Credit Agreement");
WHEREAS, as of September 30, 2018, (i) Zions Bancorporation, Inc. merged with
ZB, N.A., with ZB, N.A. as the surviving entity, and (ii) ZB, N.A. changed its
name to Zions Bancorporation, N.A.
ZB, N.A. dba Amegy Bank now operates as
"Zions Bancorporation, N.A. dba Amegy Bank".
WHEREAS, the Borrower requests that the amount of the accordion be increased to
permit a maximum of $250,000,000 in total Commitments;
WHEREAS, the Borrower further requests that the total Commitments be increased
from $180,000,000 to $200,000,000;
WHEREAS, each Increasing Lender named in Article V hereof is willing on the
terms and subject to the conditions hereinafter set forth, to increase their
respective Commitment; and
WHEREAS, the Borrower requests that the Lenders agree to amend the Existing
Credit Agreement, and the Lenders are willing, on the terms and subject to the
conditions hereinafter set forth, to agree to the amendments set forth below and
the other terms hereof;
NOW, THEREFORE, the parties hereto hereby covenant and agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1
Certain Definitions. The following terms when used in
this Amendment shall have the following meanings (such meanings to be equally
applicable to the singular and plural forms thereof):
"Amendment" is defined in the preamble.
"Borrower" is defined in the preamble.
"Credit Agreement" is defined in the first recital.
"Existing Credit Agreement" is defined in the first recital.
"Second Amendment Effective Date" is defined in Article VII.
Section 1.2
Other Definitions. Capitalized terms used in this
Amendment but not defined herein, shall have the meanings given such terms in
the Existing Credit Agreement.
ARTICLE II
GENERAL AMENDMENTS
(a)
All references to "ZB, N.A. dba Amegy Bank", in each case where
it appears in the Credit Agreement and all other Loan Documents, shall
hereinafter refer to "Zions Bancorporation, N.A. dba Amegy Bank".
ARTICLE III
AMENDMENTS TO EXISTING CREDIT AGREEMENT
Subject to the occurrence of the Second Amendment Effective Date (as hereinafter
defined), the Existing Credit Agreement is amended in accordance with this
Article III.
(a)
Section 1.01 is