SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT
THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment) is entered into as of July 14, 2020 by and among CRESCENT CAPITAL BDC, INC., a Delaware corporation (the Borrower); the Lenders party hereto; and ALLY BANK (Administrative Agent).
W I T N E S S E T H:
WHEREAS, Borrower, Administrative Agent and Lenders are parties to that certain Loan and Security Agreement dated as of August 20, 2019 (as amended, modified, waived, supplemented, restated or replaced from time to time prior to the date hereof, the Loan Agreement; unless otherwise defined herein, capitalized terms used herein that are not otherwise defined herein shall have the respective meanings assigned to such terms in the Loan Agreement, as amended hereby); and
WHEREAS, the parties hereto desire to amend certain provisions of the Loan Agreement, on the terms and subject to the satisfaction of the conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual agreements, provisions and covenants contained herein, the parties agree as follows:
1. Amendments to Loan Agreement. Upon satisfaction of the conditions set forth in Section 2 hereof, the Loan Agreement is hereby amended as follows:
(a) Section 1.1 of the Loan Agreement is hereby amended by amending and restating the definitions of Scheduled Revolving Period End Date and Termination Date to read as follows:
Scheduled Revolving Period End Date: The earlier of (a) August 20, 2023 and (b) to the extent that any amount of the 2020 Unsecured Indebtedness remains outstanding, the date that is thirty (30) days prior to the maturity date of the 2020 Unsecured Indebtedness.
Termination Date: The earlier of (a) the date that is one (1) year after the Revolving Period End Date, (b) to the extent that any amount of the 2020 Unsecured Indebtedness remains outstanding, the date that is thirty (30) days prior to the maturity date of any such 2020 Unsecured Indebtedness, and (c) the date of the declaration of the Termination Date or the date of the automatic occurrence of the Termination Date pursuant to Section 9.2(a).
(b) Section 1.1 of the Loan Agreement is hereby amended by adding the following defined terms, in appropriate alphabetical order, to read as follows:
2020 Unsecured Indebtedness: Unsecured Indebtedness owing and/or issued by the Borrower on or prior to December 31, 2020 in an aggregate original principal amount not greater than Sixty-Five Million Dollars ($65,000,000), and designated by the Borrower as 2020 Unsecured Indebtedness.