Facility Extension Request, dated as of May 3, 2019, by and between Golub Capital Investment Corporation, as the borrower, and Sumitomo Mitsui Banking Corporation, as the administrative agent, sole lead arranger and sole manager
EX-10.1 2 smbc5319amendmentexhibit101.htm EXHIBIT 10.1 Exhibit
Golub Capital Investment Corporation,
Sumitomo Mitsui Banking Corporation, as Administrative Agent,
and the Lenders party thereto
FACILITY EXTENSION REQUEST
May 3, 2019
Sumitomo Mitsui Banking Corporation
277 Park Avenue
New York, New York 10172
Telephone: ###-###-####
Fax: ###-###-####
Email: ***@***
Attention: Pretika Randhawa
with a copy to:
Sumitomo Mitsui Banking Corporation
277 Park Avenue
New York, New York 10172
Telephone: ###-###-####
Fax: ###-###-####
Email: ***@***/
***@***/
***@***/
***@*** /
***@***
***@***
Attention: Arlene A. Hebron / agency services /
Daron Davis/ Judy Sang/
Pretika Randhawa / Charles Margiotta
Ladies and Gentlemen:
This Facility Extension Request (the “Request”) is executed and delivered by GOLUB
CAPITAL INVESTMENT CORPORATION, a Maryland corporation (“Borrower”), to Sumitomo
Mitsui Banking Corporation (“Administrative Agent”), pursuant that certain Amended and Restated
Revolving Credit Agreement (as it may be amended, modified, supplemented, restated or amended and
restated from time to time, the “Credit Agreement”) dated as of May 17, 2018, entered into by and among
Borrower, Administrative Agent and the lenders party thereto. Capitalized terms not defined herein shall
have the meanings assigned to such terms in the Credit Agreement.
Borrower hereby notifies you that it elects to extend the Stated Maturity Date to August 17, 2019 (the “Extension”). The Extension Fee is $XXXX.
In connection with the Extension elected hereby, Borrower hereby represents, warrants, and
certifies to Administrative Agent for the benefit of Secured Parties that:
(a) This Request is being delivered not more than sixty (60) days nor less than thirty (30)
days prior to the current Stated Maturity Date;
(b) As of the date of the Request, each representation and warranty made in Section 8 of the
Credit Agreement is true and correct, with the same force and effect as if made on and as
of such date (except to the extent that such representations and warranties specifically
refer to any earlier date, in which case they shall be true and correct as of such earlier
date and except that for the purposes of this Request, the representations and warranties
contained in Section 8.08 of the Credit Agreement shall be deemed to refer to the most
recent financial statements furnished pursuant to clauses (a) and (b), respectively, of
Section 9.01 of the Credit Agreement);and
(c) On the date of this Request, no Event of Default or, to the knowledge of the Borrower,
Potential Default exists and is continuing, and on the current Stated Maturity Date, no
Event of Default or, to the knowledge of the Borrower, Potential Default would result
from the Extension.
In the event that between the date hereof and the date of the Extension, (i) any event should occur
which could reasonably be expected to be an Event of Default or Potential Default or have a Material
Adverse Effect; or (ii) any representation, warranty or certification set forth above is inaccurate if made
on the date of the Stated Maturity Date in effect immediately prior to the Extension, Borrower shall notify
Administrative Agent.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGE(S) FOLLOW(S).
The undersigned hereby certifies each and every matter contained herein to be true and correct.
BORROWER:
GOLUB CAPITAL INVESTMENT CORPORATION
By: | /s/ Ross A. Teune |
Name: Ross A. Teune | |
Title: Authorized Signatory | |
Accepted and Approved:
SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent
By: | /s/ Keith J. Connolly |
Name: Keith J. Connolly | |
Title: General Manager | |
Signature Page to
Facility Extension Request
