Extension Letter to Agreement and Plan of Merger between Full Circle Capital Corporation and Great Elm Capital Corp.
This letter agreement, dated October 15, 2016, is between Full Circle Capital Corporation and Great Elm Capital Corp. It extends the termination date of their previously signed Agreement and Plan of Merger from June 23, 2016, as allowed under the original terms. No other terms of the merger agreement are changed or waived by this extension. Both parties have signed to confirm their agreement to the extension.
Exhibit 10.1
October 15, 2016
Full Circle Capital Corporation
102 Greenwich Ave, 2nd Floor
Greenwich, CT 06830
Attention: Chief Executive Officer
Gentlemen:
We refer to the Agreement and Plan of Merger, dated as of June 23, 2016 (the "Merger Agreement"), by and between Full Circle Capital Corporation, a Maryland corporation (the "Company") and Great Elm Capital Corp., a Maryland corporation ("Newco"). Capitalized terms used in this letter without definition have the respective meanings given to them in the Merger Agreement.
Per Section 6.1(b)(i) of the Merger Agreement, Newco hereby extends the Termination Date as provided in the Merger Agreement.
This letter does not effect any other change or waiver under the Merger Agreement. Please sign and return one copy of this letter.
Very truly yours,
GREAT ELM CAPITAL CORP.
/s/ Peter A. Reed
Peter A. Reed
Chief Executive Officer
Accepted and agreed as of the date first written above:
FULL CIRCLE CAPITAL CORPORATION
| By: | /s/ Gregg J. Felton |
| Name: | Gregg J. Felton |
| Title: | CEO |
Cc: John A. Healy
Harry Pangas
