Exhibit 10.1
[FORM OF AMENDMENT NO. 2 TO SENIOR SECURED REVOLVING CREDIT AGREEMENT]
AMENDMENT NO. 2 TO
SENIOR SECURED REVOLVING CREDIT AGREEMENT
This AMENDMENT NO. 2 (this "Amendment") dated as of June 16, 2017, is made with
respect to the Senior Secured Revolving Credit Agreement, dated as of October
17, 2014 (as amended, restated, supplemented or otherwise modified from time to
time, the "Credit Agreement"), among CAPITALA FINANCE CORP., a Maryland
corporation (the "Borrower"), the several banks and other financial institutions
or entities from time to time party to the Credit Agreement as lenders (the
"Lenders") and ING CAPITAL LLC ("ING"), as administrative agent for the Lenders
under the Credit Agreement (in such capacity, together with its successors in
such capacity, the "Administrative Agent"). Capitalized terms not otherwise
defined herein shall have the meanings ascribed to them in the Credit Agreement
(as amended hereby).
WITNESSETH:
WHEREAS, pursuant to the Credit Agreement, the Lenders have made certain loans
and other extensions of credit to the Borrower;
WHEREAS, the Borrower has requested that the Lenders and the Administrative
Agent amend certain provisions of the Credit Agreement and the Lenders signatory
hereto and the Administrative Agent have agreed to do so on the terms and
subject to the conditions contained in this Amendment;
WHEREAS, the Borrower wishes to prepay in full the pro rata portion of the Loans
and other obligations owing to certain lenders under the Credit Agreement
identified in writing by the Administrative Agent to the Borrower (each an
"Exiting Lender") with a corresponding termination of each such Exiting Lender's
Commitment (the "Prepayment"); and
WHEREAS, concurrently with the Prepayment, each person identified as an
"Increasing Lender" on the signature pages hereto (each an "Increasing Lender")
wishes to increase the aggregate amount of their commitments under the Credit
Agreement.
NOW THEREFORE, in consideration of the promises and the mutual agreements
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto hereby agree as
follows:
SECTION I AMENDMENTS TO CREDIT AGREEMENT
Effective as of the Effective Date, and subject to the terms and conditions set
forth below, the Credit Agreement is hereby amended as follows:
(a) The Credit Agreement is hereby amended to delete the stricken text
(indicated textually in the same manner as the following example: stricken text
or stricken text) and to add the double-underlined text (indicated textually in
the same manner as the following example: doubled-underlined text or
double-underlined text) as set forth in the Credit Agreement attached hereto as
Annex A.
(b) Schedules 1.01(b), 3.11(a), 3.11(b), 3.12(a), 3.12(b) and 6.08 to the Credit
Agreement are hereby amended to read as provided on Schedules 1.01(b) 3.11(a),
3.11(b), 3.12(a), 3.12(b) and 6.08 attached hereto.
(c) Exhibits B and C to the Credit Agreement are hereby amended to read as
provided on Exhibits B and C attached hereto.
SECTION II MISCELLANEOUS
2.1.
Conditions to Effectiveness of Amendment. This Amendment shall
become effective as of the date (such date, the "Effective Date")