1 unchanged sentence
Not applicable.
−Removed: Agreement and Plan of Merger, by and among FS Investment Corporation, IC Acquisition, Inc., Corporate Capital Trust, Inc.
−Removed: and FS/KKR Advisor,
−Removed: LLC, dated as of July 22, 2018.
−Removed: (Incorporated by reference to Exhibit 2.1 to the Company s Current Report on Form 8-K filed on
−Removed: July 23, 2018.)
Agreement and Plan of Merger, dated as of November
10 unchanged sentences
Second Articles of Amendment and Restatement of FS Investment Corporation.
−Removed: (Incorporated by reference to Exhibit
−Removed: 3.1 to the Company s 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
+Added: filed on April 16, 2014.)
Articles of Amendment of FS Investment Corporation.
13 unchanged sentences
Bank National Association, as trustee.
−Removed: (Incorporated by reference to Exhibit 4.2 to the Company s Quarterly Report on Form
−Removed: 10-Q for the quarterly period ended June 30, 2014 filed on August 14, 2014.)
+Added: (Incorporated by reference to Exhibit 4.2 to the Company s Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2014 filed on August 14, 2014.)
Third Supplemental Indenture, dated as of April
3 unchanged sentences
Form of 4.750% Notes due 2022.
−Removed: (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
−Removed: 8-K filed on April 30, 2015.)
+Added: (Included as Exhibit A to the Third Supplemental Indenture in Exhibit
+Added: 4.3) (Incorporated by reference to Exhibit 4.1 to the Company s Current Report on Form 8-K filed on April
Fourth Supplemental Indenture, dated as of July
3 unchanged sentences
Form of 4.625% Notes due 2024.
−Removed: (Included as Exhibit A to the Fourth Supplemental Indenture
−Removed: in Exhibit 4.5) (Incorporated by reference to Exhibit 4.1 to the Company s Current Report on Form 8-K filed on July 15,
+Added: (Included as Exhibit A to the Fourth Supplemental Indenture in Exhibit 4.5)
+Added: (Incorporated by reference to Exhibit 4.1 to the Company s Current Report on Form 8-K filed on July
Fifth Supplemental Indenture, dated as of November
3 unchanged sentences
Form of 4.125% Notes due 2025.
−Removed: (Included as Exhibit A to the Fifth Supplemental Indenture in
−Removed: Exhibit 4.7) (Incorporated by reference to Exhibit 4.1 to the Companys Current Report on Form 8-K filed on November 20, 2019.)
+Added: (Included as Exhibit A to the Fifth Supplemental Indenture in Exhibit
+Added: 4.7) (Incorporated by reference to Exhibit 4.1 to the Companys Current Report on Form 8-K filed on November 20,
Sixth Supplemental Indenture, dated as of April
1 unchanged sentence
Bank National Association, as trustee.
−Removed: (Incorporated by reference to Exhibit 4.9 filed with the Company s Quarterly Report on Form 10-Q for the quarterly period ended March
−Removed: 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
+Added: for the quarterly period ended March 31, 2020 filed on May 6, 2020.)
Form of 8.625% Notes due 2025.
−Removed: (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
−Removed: 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
+Added: 4.9) (Incorporated by reference to Exhibit 4.9 filed with the Company s Quarterly Report on Form 10-Q
+Added: for the quarterly period ended March 31, 2020 filed on May 6, 2020.)
Seventh Supplemental Indenture, dated as of December
1 unchanged sentence
Bank National Association, as trustee.
−Removed: (Incorporated by reference to Exhibit 4.1 filed with the Company s Current Report on Form 8-K for filed on December 10,
+Added: (Incorporated by reference to Exhibit 4.1 filed with the Company s Current Report on Form 8-K
+Added: for filed on December 10, 2020.)
Form of 3.400% Notes due 2026.
5 unchanged sentences
(Incorporated by reference to Exhibit 4.1 to Corporate Capital Trust Inc.
−Removed: s Current Report on
−Removed: Form 8-K filed on July 5, 2017.)
+Added: s Current Report on Form 8-K
+Added: filed on July 5, 2017.)
Form of 5.00% Notes due 2022.
(Included as Exhibit A to the Indenture in Exhibit 4.13) (Incorporated by reference to Exhibit 4.1 to Corporate Capital Trust Inc.
−Removed: s Current Report on Form
−Removed: 8-K filed on July 5, 2017.)
+Added: s Current Report on Form 8-K filed on July 5, 2017.)
Indenture, dated as of February
1 unchanged sentence
Bank National Association, as trustee (incorporated by reference to Exhibit 4.1 to FS KKR Capital Corp.
−Removed: II s Current Report on Form 8-K filed
−Removed: on February 14, 2020.)
+Added: II s Current Report on Form 8-K filed on February 14, 2020.)
First Supplemental Indenture, dated as of February
14, 2020, relating to the 4.250% Notes due 2025, by and between FS KKR Capital Corp.
−Removed: Bank National Association, as trustee (incorporated by reference to Exhibit 4.2 to FS KKR Capital Corp.
−Removed: II s Current Report on Form
−Removed: 8-K filed on February 14, 2020.)
+Added: Bank National Association, as trustee
+Added: (incorporated by reference to Exhibit 4.2 to FS KKR Capital Corp.
+Added: II s Current Report on Form 8-K
+Added: filed on February 14, 2020.)
Second Supplemental Indenture, dated as of June
16, 2021, relating to the 4.250% Notes due 2025, by and between FS KKR Capital Corp.
−Removed: Bank National Association, as trustee (incorporated by reference to Exhibit 4.3 to the Registrant s Current Report on Form 8-K filed on June 16, 2021.)
−Removed: Form of 4.250% Notes due 2025 (included as Exhibit A to Exhibit 4.17 hereto) (incorporated
−Removed: by reference to Exhibit 4.2 to FS KKR Capital Corp.
−Removed: II s Current Report on Form 8-K filed on February 14, 2020.)
+Added: Bank National Association, as trustee
+Added: (incorporated by reference to Exhibit 4.3 to the Registrant s Current Report on Form 8-K filed on June
+Added: Form of 4.250% Notes due 2025 (included as Exhibit A to Exhibit 4.16 hereto)
+Added: (incorporated by reference to Exhibit 4.2 to FS KKR Capital Corp.
+Added: II s Current Report on Form 8-K
+Added: filed on February 14, 2020.)
Eighth Supplemental Indenture, dated as of June
17, 2021, relating to the 2.625% Notes due 2027, by and between FS KKR Capital Corp.
−Removed: Bank National Association, as trustee (incorporated by reference to Exhibit 4.1 to the Registrant s Current Report on Form 8-K filed on June 17, 2021.)
−Removed: Form of 2.625% Notes due 2027 (included as Exhibit A to Exhibit 4.19 hereto) (incorporated
−Removed: by reference to Exhibit 4.1 to the Registrant s Current Report on Form 8-K filed on June 17, 2021.)
+Added: Bank National Association, as trustee
+Added: (incorporated by reference to Exhibit 4.1 to the Registrant s Current Report on Form 8-K filed on June
+Added: Form of 2.625% Notes due 2027 (included as Exhibit A to Exhibit 4.19 hereto)
+Added: (incorporated by reference to Exhibit 4.1 to the Registrant s Current Report on Form 8-K
+Added: filed on June 17, 2021.)
Ninth Supplemental Indenture, dated October
12, 2021, relating to the 1.650% Notes due 2024, by and between FS KKR Capital Corp.
−Removed: Bank National Association, as trustee (incorporated by reference to Exhibit 4.1 to the Registrant s Current Report on Form 8-K filed on October 13, 2021.)
−Removed: Form of 1.650% Notes due 2024 (included as Exhibit A to Exhibit 4.21 hereto) (incorporated
−Removed: by reference to Exhibit 4.1 to the Registrant s Current Report on Form 8-K filed on October 13, 2021.)
+Added: Bank National Association, as trustee
+Added: (incorporated by reference to Exhibit 4.1 to the Registrant s Current Report on Form 8-K filed on October
+Added: Form of 1.650% Notes due 2024 (included as Exhibit A to Exhibit 4.21 hereto)
+Added: (incorporated by reference to Exhibit 4.1 to the Registrant s Current Report on Form 8-K
+Added: filed on October 13, 2021.)
Tenth Supplemental Indenture, dated October
12, 2021, relating to the 3.125% Notes due 2028, by and between FS KKR Capital Corp.
−Removed: Bank National Association, as trustee (incorporated by reference to Exhibit 4.3 to the Registrant s Current Report on Form 8-K filed on October 13, 2021.)
−Removed: Form of 3.125% Notes due 2028 (included as Exhibit A to Exhibit 4.23 hereto) (incorporated
−Removed: by reference to Exhibit 4.3 to the Registrant s Current Report on Form 8-K filed on October 13, 2021.)
+Added: Bank National Association, as trustee
+Added: (incorporated by reference to Exhibit 4.3 to the Registrant s Current Report on Form 8-K filed on October
+Added: Form of 3.125% Notes due 2028 (included as Exhibit A to Exhibit 4.23 hereto)
+Added: (incorporated by reference to Exhibit 4.3 to the Registrant s Current Report on Form 8-K
+Added: filed on October 13, 2021.)
+Added: Eleventh Supplemental Indenture, dated January
+Added: 18, 2022, relating to the 3.250% Notes due 2027, by and between FS KKR Capital Corp.
+Added: Bank National Association, as trustee
+Added: (incorporated by reference to Exhibit 4.1 to the Registrant s Current Report on Form 8-K filed on January
+Added: Form of 3.250% Notes due 2027 (included as Exhibit A to Exhibit 4.25 hereto)
+Added: (incorporated by reference to Exhibit 4.1 to the Registrant s Current Report on Form 8-K
+Added: filed on January 19, 2022.)
Amended and Restated Investment Advisory Agreement, dated as of June
1 unchanged sentence
and FS/KKR Advisor, LLC.
−Removed: (Incorporated by reference to Exhibit 10.1 to the Registrant s Current Report on Form
−Removed: 8-K filed on June 16, 2021.)
+Added: (Incorporated by reference to Exhibit 10.1 to the Registrant s Current Report on Form 8-K filed on June
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 Registrant s Current Report on Form
−Removed: 8-K filed on April 9, 2018.)
+Added: (Incorporated by reference to Exhibit 10.2 to the Registrant s Current Report on Form 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 Company s Quarterly Report on Form
−Removed: 10-Q for the quarterly period ended September 30, 2011 filed on November 14, 2011.)
−Removed: Amended and Restated Loan and Security Agreement, dated as of March
−Removed: 4, 2019, by and between Locust Street Funding LLC, JPMorgan Chase Bank, N.A., the lenders party thereto, and Wells Fargo Bank, National Association.
−Removed: (Incorporated by reference to Exhibit 10.1 to the Company s Current Report on Form 8-K filed on March 8,
−Removed: Amended and Restated Senior Secured Revolving Credit Agreement, dated as of November 7,
−Removed: 2019, by and among the Company, FS Investment Corporation II, and FS Investment Corporation III, as borrowers, JPMorgan Chase Bank, N.A., as administrative agent, ING Capital LLC, as collateral agent, and the lenders, documentation agents, joint
−Removed: bookrunners, and joint lead arrangers party thereto.
−Removed: (Incorporated by reference to Exhibit 10.1 to the Company s Current Report on
−Removed: Form 8-K filed on November 13, 2019.)
−Removed: Commitment Increase Letter, dated as of March
−Removed: 3, 2020, among BNP Paribas, ING Capital LLC, the Company, FS KKR Capital Corp.
−Removed: II and JPMorgan Chase Bank, N.A., as administrative agent.
−Removed: (Incorporated by reference to Exhibit 10.6 filed with the Company s Quarterly Report on Form 10-Q for the quarterly period ended March
−Removed: 31, 2020 filed on May 6, 2020.)
−Removed: Amendment No.
−Removed: 1 to Amended and Restated Senior Secured Revolving Credit Agreement, dated as of May
−Removed: 5, 2020, by and among the Company, FS KKR Capital Corp.
−Removed: 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 Company s Quarterly Report on Form 10-Q for the quarterly period ended March
−Removed: 31, 2020 filed on May 6, 2020.)
+Added: (Incorporated by reference to Exhibit 10.9 filed with the Company s Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2011 filed on November 14, 2011.)
Second Amended and Restated Senior Secured Revolving Credit Agreement, dated as of December
23, 2020, by and among the Company and FS KKR Capital Corp.
−Removed: 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
−Removed: party thereto.
−Removed: (Incorporated by reference to Exhibit 10.2 to the Company s Current Report on Form 8-K filed on December 30,
+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 party
+Added: (Incorporated by reference to Exhibit 10.2 to the Company s Current Report on Form 8-K filed on
+Added: December 30, 2020.)
Amendment No.
2 unchanged sentences
II), as borrower, and JPMorgan Chase Bank, N.A., as administrative agent.
+Added: (Incorporated by reference to Exhibit 10.9 to the Company s Quarterly Report on Form 10-Q for the quarterly period ended September
+Added: 30, 2021 filed on November 8, 2021.)
Loan and Servicing Agreement, dated as of December
18 unchanged sentences
2, 2019, by and among CCT Tokyo Funding LLC, the Company, and Sumitomo Mitsui Banking Corporation.
−Removed: (Incorporated by reference to Exhibit 10.1 to the Company s Current Report on Form 8-K filed on December 5, 2019.)
+Added: (Incorporated by reference to Exhibit 10.1 to the Company s Current
+Added: Report on Form 8-K filed on December 5, 2019.)
Sixth Amendment to Loan and Servicing Agreement, dated December
1, 2020, by and among CCT Tokyo Funding LLC, FS KKR Capital Corp., and Sumitomo Mitsui Banking Corporation.
−Removed: (Incorporated by reference to Exhibit 10.1 to the Company s Current Report on Form 8-K filed
−Removed: on December 2, 2020.)
−Removed: Indenture, dated June
−Removed: 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 Company s Current Report on Form
−Removed: 8-K filed on July 1, 2019.)
+Added: (Incorporated by reference to Exhibit 10.1 to the Company s Current Report on Form 8-K filed on December 2, 2020.)
+Added: Seventh Amendment to Loan and Servicing Agreement, dated November
+Added: 9, 2021, 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 on November 15, 2021.)
+Added: Indenture, dated June 25, 2019, by and between FS KKR MM CLO 1 LLC and US Bank National Association.
+Added: (Incorporated by reference to Exhibit 10.1 to the Company s Current Report on Form 8-K filed on July
Amended and Restated Indenture, dated December
13 unchanged sentences
(Incorporated by reference to Exhibit 10.27 to FS KKR Capital Corp.
−Removed: II s Annual Report on Form 10-K filed on
−Removed: March 25, 2016.)
+Added: II s Annual Report on
+Added: Form 10-K filed on March 25, 2016.)
Amendment No.
3 unchanged sentences
(Incorporated by reference to Exhibit 10.28 to FS KKR Capital Corp.
−Removed: II s Annual Report on Form 10-K filed on
−Removed: March 25, 2016.)
+Added: II s Annual Report on
+Added: Form 10-K filed on March 25, 2016.)
Amendment No.
3 unchanged sentences
(Incorporated by reference to Exhibit 10.29 to FS KKR Capital Corp.
−Removed: II s Annual Report on Form 10-K filed on
−Removed: March 25, 2016.)
+Added: II s Annual Report on
+Added: Form 10-K filed on March 25, 2016.)
Amendment No.
3 unchanged sentences
(Incorporated by reference to Exhibit 10.30 to FS KKR Capital Corp.
−Removed: II s Annual Report on Form 10-K filed on
−Removed: March 25, 2016.)
+Added: II s Annual Report on
+Added: Form 10-K filed on March 25, 2016.)
Amendment No.
3 unchanged sentences
(Incorporated by reference to Exhibit 10.1 to FS KKR Capital Corp.
−Removed: II s Current Report on Form 8-K filed on
−Removed: August 22, 2016.)
+Added: II s Current Report on
+Added: Form 8-K filed on August 22, 2016.)
Amendment No.
3 unchanged sentences
(Incorporated by reference to Exhibit 10.16 to FS KKR Capital Corp.
−Removed: II s Quarterly Report on Form 10-K filed on
−Removed: March 19, 2019.)
+Added: II s Quarterly Report on
+Added: Form 10-K filed on March 19, 2019.)
Omnibus Amendment, dated as of February
20, 2019, between Darby Creek LLC, as borrower, Deutsche Bank AG, New York Branch, as facility agent, each lender party thereto, each agent party thereto, and Wells Fargo Bank, National Association, as collateral agent and collateral custodian.
−Removed: (Incorporated
−Removed: by reference to Exhibit 10.1 to FS KKR Capital Corp.
−Removed: II s Current Report on Form 8-K filed on February 25,
+Added: (Incorporated by reference to Exhibit 10.1 to FS KKR Capital Corp.
+Added: III s Current Report on Form 8-K filed on February 25, 2019.)
Ninth Amendment to Loan Financing and Servicing Agreement, dated as of October
8, 2021, among Darby Creek LLC, as borrower, Deutsche Bank AG, New York Branch, as facility agent, and Wells Fargo Bank, National Association, as collateral agent and collateral custodian.
+Added: (Incorporated by reference to Exhibit 10.26 to the Company s Quarterly Report on Form 10-Q
+Added: for the quarterly period ended September 30, 2021 filed on November 8, 2021) .
+Added: Tenth Amendment to Loan Financing and Servicing Agreement, dated December
+Added: 28, 2021, by and among Darby Creek LLC, Deutsche Bank AG, New York Branch, as facility agent, and each of the lenders from time to time party thereto.
+Added: (Incorporated by reference to Exhibit 10.2 to the Company s Current Report on Form 8-K filed on January
Amended and Restated Loan and Security Agreement, dated as of March
2 unchanged sentences
(Incorporated by reference to Exhibit 10.20 to FS KKR Capital Corp.
−Removed: II s Quarterly Report on Form 10-K filed on
−Removed: March 19, 2019.)
+Added: II s Quarterly Report on Form 10-K filed
+Added: on March 19, 2019.)
First Amendment to Amended and Restated Loan Agreement, dated as of October
2 unchanged sentences
(Incorporated by reference to Exhibit 10.1 to FS KKR Capital Corp.
−Removed: II s Current Report on Form 8-K filed on
−Removed: October 15, 2019.)
+Added: II s Current Report on
+Added: Form 8-K filed on October 15, 2019.)
Second Amended and Restated Loan and Security Agreement, dated as of September
3 unchanged sentences
September 17, 2020.)
−Removed: Credit Agreement, dated as of July
−Removed: 10, 2019, among Germantown Funding LLC, Goldman Sachs Bank USA, as lender, sole lead arranger, administrative agent and calculation agent, and Wells Fargo Bank, National Association, as collateral agent and collateral administrator.
−Removed: (Incorporated
−Removed: by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on Form 8-K filed on July 16,
−Removed: Amendment No.
−Removed: 1 to Credit Agreement, dated as of December
−Removed: 13, 2019, among Germantown Funding LLC, as borrower, FS Investment Corporation III, as equity owner and investment manager, Goldman Sachs Bank USA, as sole lead arranger, sole lender, and administrative agent, and Wells Fargo Bank, National Association,
−Removed: as collateral administrator and collateral agent.
−Removed: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on
−Removed: Form 8-K filed on December 17, 2019).
Loan Financing and Servicing Agreement, dated as of December
6 unchanged sentences
24, 2015, between Dunlap Funding LLC, as borrower, and Deutsche Bank AG, New York Branch, as administrative agent.
−Removed: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on Form
−Removed: 8-K filed on March 2, 2015) .
+Added: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on Form 8-K
+Added: filed on March 2, 2015) .
Amendment No.
1 unchanged sentence
24, 2015, between Dunlap Funding LLC, as borrower, and Deutsche Bank AG, New York Branch, as administrative agent.
−Removed: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on Form
−Removed: 8-K filed on March 26, 2015) .
+Added: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on Form 8-K
+Added: filed on March 26, 2015) .
Amendment No.
−Removed: 3 to Loan Financing and Servicing Agreement, dated as of August
+Added: 3 to Loan Financing and Servicing Agreement, dated as of May
1, 2015, between Dunlap Funding LLC, as borrower, and Deutsche Bank AG, New York Branch, as administrative agent.
−Removed: (Incorporated by reference to Exhibit 10.29 to FS Investment Corporation III s Annual Report on Form
−Removed: 10-K filed on March 11, 2016).
+Added: (Incorporated by reference to Exhibit 10.29 to FS Investment Corporation III s Annual Report on Form 10-K
+Added: filed on March 11, 2016).
Amendment No.
−Removed: 4 to Loan Financing and Servicing Agreement, dated as of September 22, 2015, between Dunlap Funding LLC, as borrower, and Deutsche Bank AG, New York Branch, as administrative agent.
+Added: 4 to Loan Financing and Servicing Agreement, dated as of September
+Added: 22, 2015, between Dunlap Funding LLC, as borrower, and Deutsche Bank AG, New York Branch, as administrative agent.
(Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on Form 8-K
3 unchanged sentences
8, 2015, between Dunlap Funding LLC, as borrower, and Deutsche Bank AG, New York Branch, as administrative agent.
−Removed: (Incorporated by reference to Exhibit 10.31 to FS Investment Corporation III s Annual Report on Form
−Removed: 10-K for the fiscal year ended December 31, 2015 filed on March 11,
+Added: (Incorporated by reference to Exhibit 10.31 to FS Investment Corporation III s Annual Report on Form 10-K
+Added: for the fiscal year ended December 31, 2015 filed on March 11, 2016) .
Amendment No.
1 unchanged sentence
12, 2017, between Dunlap Funding LLC, as borrower, Deutsche Bank AG, New York Branch, as administrative agent, each lender party thereto, and Wells Fargo Bank, National Association, as collateral agent and collateral custodian.
−Removed: (Incorporated by reference
−Removed: to Exhibit 10.1 to the FS Investment Corporation III s Current Report
−Removed: on Form 8-K filed on January 19, 2017) .
+Added: (Incorporated by reference to Exhibit 10.1 to the FS Investment Corporation III s Current Report on Form 8-K
+Added: filed on January 19, 2017) .
Amendment No.
23 unchanged sentences
21, 2018, among Dunlap Funding LLC, as borrower, Deutsche Bank AG, New York Branch, as facility agent, each lender party thereto, each agent party thereto, and Wells Fargo Bank, National Association, as collateral agent and collateral custodian.
−Removed: (Incorporated
−Removed: by reference to Exhibit 10.43 to FS Investment Corporation III s Annual Report on Form 10-K filed on
−Removed: March 19, 2019) .
+Added: (Incorporated by reference to Exhibit 10.43 to FS Investment Corporation III s Annual Report
+Added: on Form 10-K filed on March 19,
Amendment No.
1 unchanged sentence
8, 2021, among Dunlap Funding LLC, as borrower, Deutsche Bank AG, New York Branch, as facility agent, and Wells Fargo Bank, National Association, as collateral agent and collateral custodian.
+Added: (Incorporated by reference to Exhibit 10.44 to the Company s Quarterly Report on Form 10-Q
+Added: for the quarterly period ended September 30, 2021, filed on November 8, 2021) .
+Added: Amendment No.
+Added: 14 to Loan Financing and Servicing Agreement, dated December
+Added: 28, 2021, by and among Dunlap Funding LLC, Deutsche Bank AG, New York Branch, as facility agend and as lender.
+Added: (Incorporated by reference to Exhibit 10.3 to the Company s Current Report on Form 8-K filed on January 4, 2022) .
Omnibus Amendment, dated as of February
19, 2019, between Dunlap Funding LLC, as borrower, Deutsche Bank AG, New York Branch, as facility agent, each lender party thereto, each agent party thereto, and Wells Fargo Bank, National Association, as collateral agent and collateral custodian.
−Removed: (Incorporated
−Removed: by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on Form 8-K filed on
−Removed: February 25, 2019) .
−Removed: Second Amended and Restated Loan and Security Agreement, dated as of March 4,
−Removed: 2019, by and between Jefferson Square Funding LLC, as borrower, JPMorgan Chase Bank, National Association, as administrative agent, the lenders party thereto, and Wells Fargo Bank, National Association, as collateral administrator, collateral agent
−Removed: and securities intermediary party thereto.
−Removed: (Incorporated by reference to Exhibit 10.49 to FS Investment Corporation III s Annual Report
−Removed: on Form 10-K filed on March 19,
+Added: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation II s Current Report on Form 8-K filed on February 25, 2019) .
Committed Facility Agreement, dated as of October
17, 2014, by and between Burholme Funding LLC and BNP Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities.
−Removed: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report
−Removed: on Form 8-K filed on October 23, 2014) .
+Added: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on Form 8-K
+Added: filed on October 23, 2014) .
PB Agreement, dated as of October
6 unchanged sentences
and State Street Bank and Trust Company, as custodian.
−Removed: (Incorporated by reference to Exhibit 10.3 to FS Investment Corporation III s Current Report on Form
−Removed: 8-K filed on October 23, 2014) .
−Removed: First Amendment Agreement, dated as of March
−Removed: 11, 2015, to the Committed Facility Agreement, dated as of October
+Added: (Incorporated by reference to Exhibit 10.3 to FS Investment Corporation III s Current Report on Form 8-K
+Added: filed on October 23, 2014) .
+Added: First Amendment Agreement, dated as of March 11, 2015, to the Committed Facility Agreement, dated as of October
17, 2014, between BNP Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities, and Burholme Funding LLC.
−Removed: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on
−Removed: Form 8-K filed on March 13, 2015) .
+Added: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on Form 8-K
+Added: filed on March 13, 2015) .
Second Amendment Agreement, dated as of October
−Removed: 21, 2015, to the Committed Facility Agreement, dated as of October
−Removed: 17, 2014, between BNP Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities and Burholme Funding LLC.
−Removed: (Incorporated by reference to Exhibit 10.21 to FS Investment Corporation III s Annual Report on
−Removed: Form 10-K filed on March 11, 2016).
−Removed: Third Amendment Agreement, dated as of March
−Removed: 16, 2016, to the Committed Facility Agreement, dated as of October
+Added: 21, 2015, to the Committed Facility Agreement, dated as of October 17, 2014, between BNP Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities and Burholme Funding LLC.
+Added: (Incorporated by reference to Exhibit 10.21 to FS Investment Corporation III s Annual Report on Form 10-K
+Added: filed on March 11, 2016).
+Added: Third Amendment Agreement, dated as of March 16, 2016, to the Committed Facility Agreement, dated as of October
17, 2014, between BNP Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities and Burholme Funding LLC.
−Removed: (Incorporated by reference to Exhibit 10.23 to FS Investment Corporation III s Quarterly Report on
−Removed: Form 10-Q for the quarterly period ended September 30, 2016 filed on
−Removed: November 14, 2016).
−Removed: Fourth Amendment Agreement, dated as of August
−Removed: 29, 2016, to the Committed Facility Agreement, dated as of October
+Added: (Incorporated by reference to Exhibit 10.23 to FS Investment Corporation III s Quarterly Report on Form 10-Q
+Added: for the quarterly period ended September 30, 2016 filed on November 14, 2016).
+Added: Fourth Amendment Agreement, dated as of August 29, 2016, to the Committed Facility Agreement, dated as of October
17, 2014, between BNP Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities and Burholme Funding LLC.
−Removed: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on
−Removed: Form 8-K filed on September 2, 2016).
−Removed: Fifth Amendment Agreement, dated as of November
−Removed: 15, 2016, to the Committed Facility Agreement, dated as of October
+Added: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on Form 8-K
+Added: filed on September 2, 2016).
+Added: Fifth Amendment Agreement, dated as of November 15, 2016, to the Committed Facility Agreement, dated as of October
17, 2014, between BNP Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities and Burholme Funding LLC.
−Removed: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report
−Removed: on Form 8-K filed on November 21,
−Removed: Sixth Amendment Agreement, dated as of May
−Removed: 29, 2018, to the Committed Facility Agreement, dated as of October
+Added: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation III s Current Report on Form
+Added: 8-K filed on November 21, 2016) .
+Added: Sixth Amendment Agreement, dated as of May 29, 2018, to the Committed Facility Agreement, dated as of October
17, 2014, between BNP Paribas Prime Brokerage International, Ltd.
1 unchanged sentence
(Incorporated by reference to Exhibit 10.34 to the Registrant s Quarterly Report on Form 10-Q filed on August 14, 2018) .
−Removed: Seventh Amendment Agreement, dated as of June
−Removed: 12, 2019, to the Committed Facility Agreement, dated as of October
+Added: Seventh Amendment Agreement, dated as of June 12, 2019, to the Committed Facility Agreement, dated as of October
17, 2014, between BNP Paribas Prime Brokerage International, Ltd.
2 unchanged sentences
filed on June 17, 2019) .
−Removed: Committed Facility Agreement, dated and effective as of March
−Removed: 1, 2017, by and between Broomall Funding LLC and BNP Paribas Prime Brokerage International, Ltd.
−Removed: (Incorporated by reference to Exhibit
−Removed: 10.1 to FS Investment Corporation IV s Current Report on Form 8-K filed on February 15,
−Removed: PB Agreement, dated and effective as of March
−Removed: 1, 2017, by and between Broomall Funding LLC and BNP Paribas Prime Brokerage International, Ltd., on behalf of itself and as agent for the BNPP Entities.
−Removed: (Incorporated by reference to Exhibit 10.2 to FS Investment Corporation IV s Current Report on Form 8-K
−Removed: filed on February 15, 2017) .
−Removed: First Amendment Agreement, dated as of May
−Removed: 29, 2018, to the Committed Facility Agreement, dated as of March
−Removed: 1, 2017, between BNP Paribas Prime Brokerage International, Ltd.
−Removed: and Broomall Funding LLC.
−Removed: (Incorporated by reference to Exhibit 10.32 to FS Investment Corporation IV s Quarterly Report on Form 10-Q filed on August 14, 2018) .
−Removed: Second Amendment Agreement, dated as of December
−Removed: 31, 2018, to the Committed Facility Agreement, dated as of March 1, 2017, between BNP Paribas Prime Brokerage International, Ltd.
−Removed: and Broomall Funding LLC.
−Removed: (Incorporated by reference to Exhibit
−Removed: 10.28 to FS Investment Corporation IV s Annual Report on Form 10-K filed on March 18,
Loan and Security Agreement, dated as of November
22, 2019, by and among Ambler Funding LLC, as borrower, Ally Bank, as administrative agent and arranger, Wells Fargo Bank, N.A., as collateral administrator and collateral custodian, and the lenders from time to time party thereto.
−Removed: (Incorporated by reference
−Removed: to Exhibit 10.1 to FS Investment Corporation IV s Current Report on Form 8-K filed on
−Removed: November 26, 2019).
+Added: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation IV s Current Report on Form 8-K
+Added: filed on November 26, 2019).
+Added: First Amendment to Loan and Security Agreement, dated December
+Added: 28, 2021, by and among Ambler Funding LLC, Ally Bank and Wells Fargo, National Association.
+Added: (Incorporated by reference to Exhibit 10.2 to the Company s Current Report on Form 8-K filed on January 4, 2022) .
Loan and Servicing Agreement, dated as of November
1 unchanged sentence
(Incorporated by reference to Exhibit 10.1 to FS KKR Capital Corp.
−Removed: II s Current Report on Form 8-K filed on
−Removed: November 29, 2019).
−Removed: First Amendment to Loan and Servicing Agreement and Omnibus Amendment to Transaction Documents,
−Removed: dated as of March 3, 2020, by and among Meadowbrook Run LLC, as borrower, Morgan Stanley Senior Funding, Inc., as lender and administrative agent, and FS KKR Capital Corp.
+Added: II s Current Report on
+Added: Form 8-K filed on November 29, 2019).
+Added: First Amendment to Loan and Servicing Agreement and Omnibus Amendment to Transaction Documents, dated as of March
+Added: 3, 2020, by and among Meadowbrook Run LLC, as borrower, Morgan Stanley Senior Funding, Inc., as lender and administrative agent, and FS KKR Capital Corp.
II, as servicer.
−Removed: (Incorporated by reference to Exhibit 10.49
−Removed: to FS KKR Capital Corp.
−Removed: II s Quarterly Report on Form 10-Q filed on May 12, 2020.)
+Added: (Incorporated by reference to Exhibit 10.49 to FS KKR Capital Corp.
+Added: II s Quarterly Report on Form 10-Q
+Added: filed on May 12, 2020.)
Second Amendment to Loan and Servicing Agreement, dated as of June
16, 2020, by and among Meadowbrook Run LLC, as borrower, FS KKR Capital Corp.
−Removed: II, as servicer, Morgan Stanley Bank, N.A., as lender, and Morgan Stanley Senior Funding, Inc., as administrative agent (Incorporated by reference to Exhibit 10.50 to FS KKR
−Removed: Capital Corp.
−Removed: II s Quarterly Report on Form 10-Q filed on August 10, 2020) .
−Removed: ISDA 2002 Master Agreement, together with the Schedule thereto and Credit Support Annex to such Schedule,
−Removed: each dated as of January 19, 2016, by and between Cheltenham Funding LLC and Citibank, N.A.
−Removed: (Incorporated by reference to Exhibit 10.1 to FS Investment Corporation IV s Current Report on
−Removed: Form 8-K filed on January 22, 2016).
−Removed: Amended and Restated Paragraph 13 of the Credit Support Annex, dated as of September
−Removed: 5, 2017, by and between Cheltenham Funding LLC and Citibank, N.A.
−Removed: (Incorporated by reference to Exhibit (k)(6) to Post-Effective Amendment No.
−Removed: 9 to FS Investment Corporation IV s registration
−Removed: statement on Form N-2 (File No.
−Removed: 333-204239) filed on
−Removed: October 18, 2017) .
−Removed: Thirteenth Amended and Restated Confirmation Letter Agreement, dated as of December 19,
−Removed: 2019, by and between Cheltenham Funding LLC and Citibank, N.A.
+Added: II, as servicer, Morgan Stanley Bank, N.A., as lender, and Morgan Stanley Senior Funding, Inc., as administrative agent
(Incorporated by reference to Exhibit 10.50 to FS KKR Capital Corp.
−Removed: II s Current Report on Form 8-K filed on December 26, 2019).
−Removed: Schedule to the ISDA 2002 Master Agreement, amended and restated as of June
−Removed: 28, 2019, between Cheltenham Funding LLC and Citibank, N.A.
−Removed: (Incorporated by reference to Exhibit 10.2 to FS Investment Corporation IV s Current Report on Form 8-K filed on July 5, 2019) .
−Removed: Guarantee, dated as of January
−Removed: 19, 2016, by FS Investment Corporation IV in favor of Citibank,
−Removed: (Incorporated by reference to Exhibit
−Removed: 10.4 to FS Investment Corporation IV s Current
−Removed: Report on Form 8-K filed on January
−Removed: Certification of Chief Executive Officer pursuant to Rule 13a-14
−Removed: of the Securities Exchange Act of 1934, as amended.
−Removed: Certification of Chief Financial Officer pursuant to Rule 13a-14
−Removed: of the Securities Exchange Act of 1934, as amended.
−Removed: Certification of Chief Executive Officer and Chief Financial Officer pursuant to Section
−Removed: 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
+Added: II s Quarterly Report on Form 10-Q
+Added: filed on August 10, 2020) .
+Added: Third Amendment to Loan and Servicing Agreement and Omnibus Amendment to Transaction Documents, dated as of December
+Added: 28, 2021, among Meadowbrook Run LLC, as the borrower, FS KKR Capital Corp., as the servicer, Morgan Stanley Bank, N.A., as the lender, and Morgan Stanley Senior Funding, Inc., as administrative agent.
+Added: (Incorporated by reference to Exhibit 10.4 to the Company s Current Report on Form 8-K filed on January
+Added: Certification of Chief Executive Officer pursuant to Rule 13a-14 of the Securities Exchange Act of 1934, as amended.
+Added: Certification of Chief Financial Officer pursuant to Rule 13a-14 of the Securities Exchange Act of 1934, as amended.
+Added: Certification of Chief Executive Officer and Chief Financial Officer pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section
+Added: 906 of the Sarbanes-Oxley Act of 2002.
Filed herewith.
−Removed: Pursuant to Item 601(a)(5) of Regulation S-K, certain exhibits and schedules have
−Removed: been omitted.
−Removed: The registrant hereby agrees to furnish supplementally a copy of any omitted attachment to the SEC upon request.
+Added: Item 601(a)(5) of Regulation S-K, certain exhibits and schedules have been omitted.
+Added: The registrant hereby agrees to furnish supplementally a copy of any omitted attachment to the
+Added: 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 its
−Removed: behalf by the undersigned, thereunto duly authorized on November 8, 2021.
+Added: behalf by the undersigned, thereunto duly authorized on May 9, 2022.
FS KKR CAPITAL CORP.
2 unchanged sentences
(Principal Executive Officer)
+Added: /s/ Steven Lilly
Chief Financial Officer
(Principal Financial Officer)
+Added: /s/ William Goebel
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.