4 unchanged sentences
and FS/KKR Advisor, LLC, dated as of July 22, 2018.
−Removed: (Incorporated by reference to Exhibit 2.1 to the Companys Current Report on Form 8-K filed on July 23,
+Added: (Incorporated by reference to Exhibit 2.1 to the Company s Current Report on
+Added: Form 8-K filed on July 23, 2018.)
+Added: Agreement and Plan of Merger, dated as of November
+Added: 23, 2020, by and among FS KKR Capital Corp., FS KKR Capital Corp.
+Added: II, Rocky Merger Sub, Inc.
+Added: and FS/KKR Advisor, LLC.
+Added: (Incorporated by reference to Exhibit 2.1 to the Company s Current Report on Form 8-K filed on November 24, 2020.)
Second Articles of Amendment and Restatement of FS Investment Corporation.
−Removed: (Incorporated
−Removed: by reference to Exhibit 3.1 to the Companys Current Report on Form 8-K filed on April 16, 2014.)
+Added: (Incorporated by reference to Exhibit 3.1 to the Company s Current Report on Form 8-K filed on April 16,
Articles of Amendment of FS Investment Corporation.
−Removed: (Incorporated by reference to Exhibit
−Removed: 3.1 to the Companys Current Report on Form 8-K filed on December 3, 2018.)
+Added: (Incorporated by reference to Exhibit 3.1 to the Company s Current Report on Form 8-K filed on December 3,
Articles of Amendment of FS Investment Corporation.
−Removed: (Incorporated by reference to Exhibit
−Removed: 3.1 to the Companys Current Report on Form 8-K filed on December 19, 2018.)
+Added: (Incorporated by reference to Exhibit 3.1 to the Company s Current Report on Form 8-K filed on December 19,
Articles of Amendment of FS KKR Capital Corp.
−Removed: (Incorporated by reference to Exhibit 3.1 to the
−Removed: Companys Current Report on Form 8-K filed on June 15, 2020.)
+Added: (Incorporated by reference to Exhibit 3.1 to the Company s Current Report on Form 8-K filed on June 15,
Articles of Amendment of FS KKR Capital Corp.
−Removed: (Incorporated by reference to Exhibit 3.2 to the
−Removed: Companys Current Report on Form 8-K filed on June 15, 2020.)
−Removed: Second Amended and Restated Bylaws of FS Investment Corporation.
−Removed: (Incorporated by reference
−Removed: to Exhibit 3.2 to the Companys Current Report on Form 8-K filed on April 16, 2014.)
−Removed: Amendment No.
−Removed: 1 to the Second Amended and Restated Bylaws of FS Investment Corporation.
−Removed: (Incorporated by reference to Exhibit 3.1 to the Companys Current Report on Form 8-K filed on July 23, 2018.)
+Added: (Incorporated by reference to Exhibit 3.2 to the Company s Current Report on Form 8-K filed on June 15,
+Added: Third Amended and Restated Bylaws of FS KKR Capital Corp.
+Added: (Incorporated by reference to Exhibit 3.1 to the Company s Current Report on Form 8-K filed on November 24,
Distribution Reinvestment Plan, effective as of June 2, 2014.
3 unchanged sentences
Bank National Association, as trustee.
−Removed: (Incorporated by reference to Exhibit 4.2 to the Companys Quarterly Report on Form 10-Q for the quarterly period ended
−Removed: June 30, 2014 filed on August 14, 2014.)
+Added: (Incorporated by reference to Exhibit 4.2 to the Company s Quarterly Report on Form
+Added: 10-Q for the quarterly period ended June 30, 2014 filed on August 14, 2014.)
Third Supplemental Indenture, dated as of April
1 unchanged sentence
Bank National Association, as trustee.
−Removed: (Incorporated by reference to Exhibit 4.1 to the Companys Current Report on Form 8-K filed
−Removed: on April 30, 2015.)
+Added: (Incorporated by reference to Exhibit 4.1 to the Company s Current Report on Form 8-K filed on April 30, 2015.)
Form of 4.750% Notes due 2022.
−Removed: (Included as Exhibit A to the Third Supplemental Indenture
−Removed: in Exhibit 4.3) (Incorporated by reference to Exhibit 4.1 to the Companys Current Report on Form 8-K filed on April 30, 2015.)
+Added: (Included as Exhibit A to the Third Supplemental Indenture in Exhibit 4.3) (Incorporated by reference to Exhibit 4.1 to the Company s Current Report on Form
+Added: 8-K filed on April 30, 2015.)
Fourth Supplemental Indenture, dated as of July
1 unchanged sentence
Bank National Association, as trustee.
−Removed: (Incorporated by reference to Exhibit 4.1 to the Companys Current Report on Form 8-K filed
−Removed: on July 15, 2019.)
+Added: (Incorporated by reference to Exhibit 4.1 to the Company s Current Report on Form 8-K filed on July 15, 2019.)
Form of 4.625% Notes due 2024.
4 unchanged sentences
Bank National Association, as trustee.
−Removed: (Incorporated by reference to Exhibit 4.1 to the Companys Current Report on Form 8-K filed
−Removed: on November 20, 2019.)
+Added: (Incorporated by reference to Exhibit 4.1 to the Company s Current Report on Form 8-K filed on November 20, 2019.)
Form of 4.125% Notes due 2025.
4 unchanged sentences
Bank National Association, as trustee.
−Removed: (Incorporated by reference to Exhibit 4.9 filed with the Companys Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2020 filed on May 6, 2020.)
+Added: (Incorporated by reference to Exhibit 4.9 filed with the Company s Quarterly Report on Form 10-Q for the quarterly period ended March
+Added: 31, 2020 filed on May 6, 2020.)
Form of 8.625% Notes due 2025.
−Removed: (Included as Exhibit A to the Sixth Supplemental Indenture
−Removed: in Exhibit 4.9) (Incorporated by reference to Exhibit 4.9 filed with the Companys Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2020 filed on May 6, 2020.)
+Added: (Included as Exhibit A to the Sixth Supplemental Indenture in Exhibit 4.9) (Incorporated by reference to Exhibit 4.9 filed with the Company s Quarterly Report on Form
+Added: 10-Q for the quarterly period ended March 31, 2020 filed on May 6, 2020.)
+Added: Seventh Supplemental Indenture, dated as of December
+Added: 10, 2020 relating to the 3.400% Notes due 2026, by and between the Company and U.S.
+Added: Bank National Association, as trustee.
+Added: (Incorporated by reference to Exhibit 4.1 filed with the Company s Current Report on Form 8-K for filed on December 10,
+Added: Form of 3.400% Notes due 2026.
+Added: (Included as Exhibit A to the Seventh Supplemental Indenture in Exhibit 4.11) (Incorporated by reference to Exhibit 4.1 filed with the Company s Current Report on Form
+Added: 8-K for filed on December 10, 2020.)
Indenture, dated June
1 unchanged sentence
and Corporate Capital Trust, Inc.
−Removed: (Incorporated by reference to Exhibit 4.1 to Corporate Capital Trust Inc.s Current Report on Form 8-K filed
−Removed: on July 5, 2017.)
+Added: (Incorporated by reference to Exhibit 4.1 to Corporate Capital Trust Inc.
+Added: s Current Report on
+Added: Form 8-K filed on July 5, 2017.)
Form of 5.00% Notes due 2022.
−Removed: (Included as Exhibit A to the Indenture in Exhibit 4.9) (Incorporated
−Removed: by reference to Exhibit 4.1 to Corporate Capital Trust Inc.s Current Report on Form 8-K filed on July 5, 2017.)
+Added: (Included as Exhibit A to the Indenture in Exhibit 4.13) (Incorporated by reference to Exhibit 4.1 to Corporate Capital Trust Inc.
+Added: s Current Report on Form
+Added: 8-K filed on July 5, 2017.)
Investment Advisory Agreement, dated as of December
1 unchanged sentence
and FS/KKR Advisor, LLC.
−Removed: (Incorporated by reference to Exhibit 10.1 to the Registrants Current Report on Form 8-K filed on December 28, 2018.)
+Added: (Incorporated by reference to Exhibit 10.1 to the Registrant s Current Report on Form
+Added: 8-K filed on December 28, 2018.)
Administration Agreement, dated as of April
9, 2018, by and between FS Investment Corporation and FS/KKR Advisor, LLC.
−Removed: (Incorporated by reference to Exhibit 10.2 to the Registrants Current Report on Form 8-K filed on April 9, 2018.)
+Added: (Incorporated by reference to Exhibit 10.2 to the Registrant s Current Report on Form
+Added: 8-K filed on April 9, 2018.)
Custodian Agreement, dated as of November
14, 2011, by and between the Company and State Street Bank and Trust Company.
−Removed: (Incorporated by reference to Exhibit 10.9 filed with the Companys Quarterly Report on Form 10-Q for the quarterly period ended
−Removed: September 30, 2011 filed on November 14, 2011.)
+Added: (Incorporated by reference to Exhibit 10.9 filed with the Company s Quarterly Report on Form
+Added: 10-Q for the quarterly period ended September 30, 2011 filed on November 14, 2011.)
Amended and Restated Loan and Security Agreement, dated as of March
4 unchanged sentences
bookrunners, and joint lead arrangers party thereto.
−Removed: (Incorporated by reference to Exhibit 10.1 to the Companys Current Report on Form 8-K filed on November 13, 2019.)
+Added: (Incorporated by reference to Exhibit 10.1 to the Company s Current Report on
+Added: Form 8-K filed on November 13, 2019.)
Commitment Increase Letter, dated as of March
1 unchanged sentence
II and JPMorgan Chase Bank, N.A., as administrative agent.
−Removed: (Incorporated by reference to Exhibit 10.6 filed with the Companys Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2020 filed on May 6, 2020.)
+Added: (Incorporated by reference to Exhibit 10.6 filed with the Company s Quarterly Report on Form 10-Q for the quarterly period ended March
+Added: 31, 2020 filed on May 6, 2020.)
Amendment No.
2 unchanged sentences
II, JPMorgan Chase Bank, N.A., as administrative agent, ING Capital LLC, as collateral agent, and the lenders party thereto.
−Removed: (Incorporated by reference to Exhibit 10.7 filed with the Companys
−Removed: Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2020 filed on May 6, 2020.)
+Added: (Incorporated by reference to Exhibit 10.7 filed with the Company s Quarterly Report on Form 10-Q for the quarterly period ended March
+Added: 31, 2020 filed on May 6, 2020.)
+Added: Second Amended and Restated Senior Secured Revolving Credit Agreement, dated as of December 23,
+Added: 2020, by and among the Company and FS KKR Capital Corp.
+Added: II, as borrowers, JPMorgan Chase Bank, N.A., as administrative agent, ING Capital LLC, as collateral agent, and the lenders, documentation agents, joint bookrunners, and joint lead arrangers
+Added: party thereto.
+Added: (Incorporated by reference to Exhibit 10.2 to the Company s Current Report on Form 8-K filed on
+Added: December 30, 2020.)
Loan and Servicing Agreement, dated as of December
1 unchanged sentence
and Sumitomo Mitsui Banking Corporation.
−Removed: (Incorporated by reference to Exhibit 10.42 to Corporate Capital Trust, Inc.s Annual Report on Form 10-K
−Removed: filed on March 21, 2016.)
+Added: (Incorporated by reference to Exhibit 10.42 to Corporate Capital Trust, Inc.
+Added: s Annual Report on Form 10-K filed on March
First Amendment to Loan and Servicing Agreement, dated September
1 unchanged sentence
and Sumitomo Mitsui Banking Corporation.
−Removed: (Incorporated by reference to Exhibit 10.3 to Corporate Capital Trust, Inc.s Quarterly Report on Form 10-Q filed on November 9, 2017.)
+Added: (Incorporated by reference to Exhibit 10.3 to Corporate Capital Trust, Inc.
+Added: s Quarterly Report on Form 10-Q filed on November
Second Amendment to Loan and Servicing Agreement, dated as of November
1 unchanged sentence
and Sumitomo Mitsui Banking Corporation.
−Removed: (Incorporated by reference to Exhibit 10.1 to Corporate Capital Trust Inc.s Current Report on Form 8-K filed on November 28, 2017.)
+Added: (Incorporated by reference to Exhibit 10.1 to Corporate Capital Trust Inc.
+Added: s Current Report on Form 8-K filed on November
Fourth Amendment to Loan and Servicing Agreement, dated as of November
30, 2018, by and among CCT Tokyo Funding LLC, Corporate Capital Trust, Inc., and Sumitomo Mitsui Banking Corporation.
−Removed: (Incorporated by reference to Exhibit 10.18 to the Companys Annual Report on Form 10-K filed
−Removed: on February 28, 2019.)
+Added: (Incorporated by reference to Exhibit 10.18 to the Company s Annual Report on Form 10-K filed on February 28, 2019.)
Fifth Amendment to Loan and Servicing Agreement, dated as of December
1 unchanged sentence
(Incorporated by reference to Exhibit 10.1 to the Company s Current Report on Form 8-K filed on December 5, 2019.)
+Added: Sixth Amendment to Loan and Servicing Agreement, dated December
+Added: 1, 2020, by and among CCT Tokyo Funding LLC, FS KKR Capital Corp., and Sumitomo Mitsui Banking Corporation.
+Added: (Incorporated by reference to Exhibit 10.1 to the Company s Current Report on Form 8-K filed
+Added: on December 2, 2020.)
Indenture, dated June
25, 2019, by and between FS KKR MM CLO 1 LLC and US Bank National Association.
−Removed: (Incorporated by reference to Exhibit 10.1 to the Companys Current Report on Form 8-K filed on July 1, 2019.)
−Removed: Certification of Chief Executive Officer pursuant to Rule 13a-14 of the Securities Exchange Act of 1934, as amended.
−Removed: Certification of Chief Financial Officer pursuant to Rule 13a-14 of the Securities Exchange Act of 1934, as amended.
+Added: (Incorporated by reference to Exhibit 10.1 to the Company s Current Report on Form
+Added: 8-K filed on July 1, 2019.)
+Added: Amended and Restated Indenture, dated December
+Added: 22, 2020, by and between FS KKR MM CLO 1 LLC and U.S.
+Added: Bank National Association.
+Added: (Incorporated by reference to Exhibit 10.1 to the Company s Current Report on Form 8-K filed on December
+Added: Certification of Chief Executive Officer pursuant to Rule 13a-14
+Added: of the Securities Exchange Act of 1934, as amended.
+Added: Certification of Chief Financial Officer pursuant to Rule 13a-14
+Added: of the Securities Exchange Act of 1934, as amended.
Certification of Chief Executive Officer and Chief Financial Officer pursuant to Section
1 unchanged sentence
Filed herewith.
−Removed: Pursuant to Item 601(a)(5) of Regulation S-K, certain exhibits and schedules have been
+Added: Pursuant to Item 601(a)(5) of Regulation S-K, certain exhibits and schedules have
+Added: been omitted.
The registrant hereby agrees to furnish supplementally a copy of any omitted attachment to the SEC upon request.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this quarterly report to be signed on
−Removed: its behalf by the undersigned, thereunto duly authorized on November 9, 2020.
+Added: its behalf by the undersigned, thereunto duly authorized on May 10, 2021.
FS KKR CAPITAL CORP.
4 unchanged sentences
(Principal Financial Officer)
−Removed: / S / W ILLIAM
William Goebel
1 unchanged sentence
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.