17 unchanged sentences
Based on our assessment, management concluded that, as of December 31, 2020, our internal control over financial reporting is effective based on those criteria.
−Removed: Attestation Report of the Registered Public Accounting Firm
−Removed: Our internal control over financial reporting as of December 31, 2019 , has been audited by KPMG LLP, an independent registered public accounting firm, as stated in their report, which is included in Item 8 of Part II of this Annual Report under the heading Report of Independent Registered Public Accounting Firm.
Changes in Internal Control over Financial Reporting
18 unchanged sentences
Schedule 12-14 Investments in and Advances to Affiliates—See "Part II, Item 8.
−Removed: Financial Statements and Supplementary Data— Note 12 " of this report.
+Added: Financial Statements and Supplementary Data—Note 11.
+Added: " of this report.
Exhibits required to be filed by Item 601 of Regulation S-K:
5 unchanged sentences
Incorporated by Reference
−Removed: Form and SEC File No.
−Removed: Filing Date with SEC
−Removed: Filed with this 10-K
+Added: Number Description Form and SEC File No.
+Added: Filing Date with SEC Filed with this 10-K
3.1 Certificate of Incorporation of OFS Capital Corporation
−Removed: N-2 (333-166363)
−Removed: March 18, 2011
+Added: N-2 (333-166363) March 18, 2011
3.2 Certificate of Correction to Certificate of Incorporation of OFS Capital Corporation
−Removed: 10-K (814-00813)
−Removed: March 26, 2013
+Added: 10-K (814-00813) March 26, 2013
3.3 Bylaws of OFS Capital Corporation
−Removed: N-2/A (333-166363)
−Removed: March 18, 2011
+Added: N-2/A (333-166363) March 18, 2011
4.1 Form of Stock Certificate of OFS Capital Corporation
−Removed: N-2/A (333-166363)
−Removed: March 18, 2011
+Added: N-2/A (333-166363) March 18, 2011
4.2 Form of Base Indenture
−Removed: N-2 (333-200376)
−Removed: November 19, 2014
+Added: N-2 (333-200376) November 19, 2014
4.3 Form of Warrant Agreement
−Removed: N-2/A (333-200376)
−Removed: December 16, 2014
+Added: N-2/A (333-200376) December 16, 2014
4.4 Form of Subscription Agent Agreement
−Removed: N-2/A (333-200376)
−Removed: December 16, 2014
+Added: N-2/A (333-200376) December 16, 2014
4.5 Form of Subscription Certificate
−Removed: N-2/A (333-200376)
−Removed: December 16, 2014
+Added: N-2/A (333-200376) December 16, 2014
4.6 Form of Certificate of Designation
−Removed: N-2/A (333-200376)
−Removed: December 16, 2014
+Added: N-2/A (333-200376) December 16, 2014
4.7 First Supplemental Indenture dated as of April 16, 2018, between OFS Capital Corporation and U.S.
Bank National Association, as trustee
−Removed: POS EX (333-217302)
−Removed: April 16, 2018
−Removed: Form of 6.375% Note due 2025 (incorporated by reference to Exhibit 4.8 hereto and Exhibit A therein)
−Removed: POS EX (333-217302)
−Removed: April 16, 2018
−Removed: Incorporated by Reference
−Removed: Form and SEC File No.
−Removed: Filing Date with SEC
−Removed: Filed with this 10-K
+Added: POS EX (333-217302) April 16, 2018
+Added: 4.8 Form of 6.375% Note due 2025 (incorporated by reference to Exhibit 4.8 thereto and Exhibit A therein)
+Added: POS EX (333-217302) April 16, 2018
4.9 Second Supplemental Indenture dated as of October 16, 2018 between OFS Capital Corporation and U.S.
Bank National Association, as trustee
−Removed: POS EX (333-222419)
−Removed: October 16, 2018
−Removed: Form of 6.50% Note due 2025 (incorporated by reference to Exhibit 4.10 hereto and Exhibit A therein)
−Removed: POS EX (333-222419)
−Removed: October 16, 2018
+Added: POS EX (333-222419) October 16, 2018
+Added: Incorporated by Reference
+Added: Number Description Form and SEC File No.
+Added: Filing Date with SEC Filed with this 10-K
+Added: 4.10 Form of 6.50% Note due 2025 (incorporated by reference to Exhibit 4.10 thereto and Exhibit A therein)
+Added: POS EX (333-222419) October 16, 2018
4.11 Third Supplemental Indenture dated as of October 15, 2019 between OFS Capital Corporation and U.S.
National Bank Association, as trustee
−Removed: October 15, 2019
−Removed: Form of 5.95% Note due 2026 (incorporated by reference to Exhibit 4.11 hereto and Exhibit A therein)
−Removed: October 15, 2019
+Added: POS EX (333-222419) October 15, 2019
+Added: 4.12 Form of 5.95% Note due 2026 (incorporated by reference to Exhibit 4.11 thereto and Exhibit A therein)
+Added: POS EX (333-222419) October 15, 2019
+Added: 4.13 Fourth Supplemental Indenture dated as of September 18, 2020 between OFS Capital Corporation and U.S.
+Added: National Bank Association, as trustee
+Added: (333-00813) September 18, 2020
+Added: 4.14 Form of 6.25% Note due 2023 (incorporated by reference to Exhibit 4.1 thereto and Exhibit A therein)
+Added: (333-00813) September 18, 2020
+Added: 4.15 Fifth Supplemental Indenture dated as of February 10, 2021 between OFS Capital Corporation and U.S.
+Added: Bank National Association, as trustee
+Added: (333-00813) February 10, 2021
+Added: 4.16 Form of 4.75% Note due 2026 (incorporated by reference to Exhibit 4.1 thereto and Exhibit A therein)
+Added: (333-00813) February 10, 2021
4.17 Description of Securities
10.1 Form of Dividend Reinvestment Plan
−Removed: N-2/A (333-166363)
−Removed: March 18, 2011
+Added: N-2/A (333-166363) March 18, 2011
10.2 Investment Advisory and Management Agreement between OFS Capital Corporation and OFS Capital Management, LLC
−Removed: 10-Q (814-00813)
−Removed: November 7, 2014
+Added: 10-Q (814-00813) November 7, 2014
10.3 Form of Custody Agreement
−Removed: N-2/A (333-166363)
−Removed: March 18, 2011
+Added: N-2/A (333-166363) March 18, 2011
10.4 Administration Agreement between OFS Capital Corporation and OFS Capital Services, LLC
−Removed: N-2/A (333-166363)
−Removed: March 18, 2011
+Added: N-2/A (333-166363) March 18, 2011
10.5 License Agreement between OFS Capital Corporation and Orchard First Source Asset Management, LLC
−Removed: N-2/A (333-166363)
−Removed: March 18, 2011
+Added: N-2/A (333-166363) March 18, 2011
10.6 Form of Indemnification Agreement between OFS Capital Corporation and each of its directors and executive officers
−Removed: N-2/A (333-166363)
−Removed: March 18, 2011
+Added: N-2/A (333-166363) March 18, 2011
10.7 Form of Registration Rights Agreement between OFS Capital Corporation and Orchard First Source Asset Management, LLC
−Removed: N-2/A (333-166363)
−Removed: July 24, 2012
+Added: N-2/A (333-166363) July 24, 2012
10.9 Business Loan Agreement between OFS Capital Corporation and Pacific Western Bank dated March 7, 2018
−Removed: 10-K (814-00813)
−Removed: March 12, 2018
+Added: 10-K (814-00813) March 12, 2018
10.10 Promissory Note between OFS Capital Corporation and Pacific Western Bank dated November 5, 2015
−Removed: 10-Q (814-00813)
−Removed: November 6, 2015
+Added: 10-Q (814-00813) November 6, 2015
+Added: Incorporated by Reference
+Added: Number Description Form and SEC File No.
+Added: Filing Date with SEC Filed with this 10-K
10.11 Change in terms to the Business Loan Agreement between OFS Capital Corporation and Pacific Western Bank dated March 7, 2018
−Removed: 10-K (814-00813)
−Removed: March 12, 2018
+Added: 10-K (814-00813) March 12, 2018
10.13 Business Loan Agreement between OFS Capital Corporation and Pacific Western Bank, dated April 10, 2019
2 unchanged sentences
(333-00813) April 15, 2019
−Removed: Incorporated by Reference
−Removed: Form and SEC File No.
−Removed: Filing Date with SEC
−Removed: Filed with this 10-K
10.15 Commercial Guaranty Agreement between OFS Capital Corporation and Pacific Western Bank, dated April 10, 2019
(333-00813) April 15, 2019
+Added: 10.16 Amendment One to the Business Loan Agreement between OFS Capital Corporation and Pacific Western Bank dated June 26, 2020
+Added: (333-00813) July 2, 2020
+Added: 10.17 Amendment Two to the Business Loan Agreement between OFS Capital Corporation and Pacific Western Bank dated July 29, 2020
+Added: (333-00813) July 31, 2020
+Added: 10.18 Amendment Three to the Business Loan Agreement between OFS Capital Corporation and Pacific Western Bank dated October 7, 2020
+Added: (333-00813) October 9, 2020
10.19 Commercial Guaranty Agreement between among OFS Capital Corporation, OFSCC-MB, Inc., and Pacific Western Bank, dated April 10, 2019
(333-00813) April 15, 2019
+Added: 10.20 Amendment Four to the Business Loan Agreement between OFS Capital Corporation and Pacific Western Bank dated February 17, 2021
+Added: (333-00813) February 19, 2021
+Added: 10.21 Change in Terms to the Business Loan Agreement between OFS Capital Corporation and Pacific Western Bank dated February 17, 2021
+Added: (333-00813) February 19, 2021
10.22 Revolving Credit and Security Agreement by and among OFSCC-FS, LLC, as borrower, the lenders from time to time parties thereto, BNP Paribas, as administrative agent, OFSCC-FS Holdings LLC, as equityholder, OFS Capital Corporation, LLC, as servicer, and Citibank, N.A., as collateral agent, dated June 20, 2019.
8 unchanged sentences
14.1 Joint Code of Ethics of OFS Capital Corporation and OFS Advisor
−Removed: 10-K (814-00813)
−Removed: March 15, 2019
+Added: Incorporated by Reference
+Added: Number Description Form and SEC File No.
+Added: Filing Date with SEC Filed with this 10-K
21.1 List of Subsidiaries
+Added: 23.1 Consent from KPMG LLP
+Added: 23.2 Consent from BDO USA, LLP
31.1 Certification of Chief Executive Officer pursuant to Rule 13a-14 of the Securities Exchange Act of 1934, as amended
10 unchanged sentences
OFS Capital Corporation
−Removed: March 13, 2020
−Removed: /s/ Bilal Rashid
+Added: March 5, 2021 /s/ Bilal Rashid
Chief Executive Officer and Chairman of the Board of Directors
Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the registrant and in the capacity and on the dates indicated.
−Removed: March 13, 2020
−Removed: /s/ Bilal Rashid
+Added: March 5, 2021 /s/ Bilal Rashid
Bilal Rashid, Chief Executive Officer and Chairman of the Board of Directors (Principal Executive Officer)
−Removed: March 13, 2020
−Removed: /s/ Marc Abrams
+Added: March 5, 2021 /s/ Marc Abrams
Marc Abrams, Director
−Removed: March 13, 2020
−Removed: /s/ Robert J.
−Removed: Cresci, Director
−Removed: March 13, 2020
−Removed: /s/ Elaine E.
+Added: March 5, 2021 /s/ Romita Shetty
+Added: Romita Shetty, Director
+Added: March 5, 2021 /s/ Elaine E.
Healy, Director
−Removed: March 13, 2020
−Removed: /s/ Jeffrey A.
+Added: March 5, 2021 /s/ Jeffrey A.
Cerny, Chief Financial Officer, Treasurer (Principal Financial Officer) and Director
−Removed: March 13, 2020
−Removed: /s/ Jeffery S.
+Added: March 5, 2021 /s/ Jeffery S.
Owen, Chief Accounting Officer (Principal Accounting Officer)
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.