Exhibit 10.1
JOINDER SUPPLEMENT
JOINDER SUPPLEMENT, dated as of July 6, 2005, among BAYERISCHE HYPO-UND VEREINSBANK AG, as the assuming
lender (the “ Assuming Lender ”), AMERICAN CAPITAL STRATEGIES, LTD. as the borrower (the “ Borrower ”), and
WACHOVIA BANK, NATIONAL ASSOCIATION, as the administrative agent (the “ Administrative Agent ”).
W I T N E S S E T H:
WHEREAS, this Joinder Supplement is being executed and delivered under Section 2.2(b)(ii) of the Credit Agreement,
dated as of June 17, 2005 (as amended, modified, waived, supplemented or restated from time to time, the “ Agreement ”), by and
among the Borrower, the several banks and other financial institutions from time to time parties thereto (collectively, the “
Lenders ” and individually, a “ Lender ”), the Administrative Agent, as administrative agent, swingline lender and issuing
lender, and Branch Banking and Trust company as issuing lender; and
WHEREAS, the Assuming Lender wishes to become a Lender designated as a Lender party to the Agreement; and
NOW, THEREFORE, the parties hereto hereby agree as follows:
(a) Upon receipt by the Administrative Agent of an executed counterpart of this Joinder Supplement, to which is attached
a fully completed Schedule I and Schedule II, each of which has been executed by the Assuming Lender the Borrower, and the
Administrative Agent, the Administrative Agent will transmit to the Assuming Lender, and the Borrower a Joinder Effective
Notice, substantially in the form of Schedule III to this Joinder Supplement (a “ Joinder Effective Notice” ). Such Joinder
Effective Notice shall be executed by the Administrative Agent and shall set forth, inter alia , the date on which the joinder
effected by this Joinder Supplement shall become effective (the “ Commitment Increase Date ”). From and after the Commitment
Increase Date, the Assuming Lender shall be a Lender designated as a Lender party to the Agreement for all purposes thereof.
Pursuant thereto, and concurrently therewi