FIRST AMENDMENT TO AMENDED AND RESTATED
THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made
as of the 29 th day of April, 2005, by and among AMERICAN CAPITAL STRATEGIES, LTD., as Borrower, BRANCH BANKING
AND TRUST COMPANY, as Administrative Agent, Swing Line Lender, Issuing Bank and a Bank, and BAYERISCHE HYPO-
UND VEREINSBANK AG, LASALLE BANK NATIONAL ASSOCIATION, FIFTH THIRD BANK and HIBERNIA NATIONAL
BANK (collectively referred to herein as the “Banks”).
R E C I T A L S :
The Borrower, the Administrative Agent and the Banks have entered into a certain Amended and Restated Credit
Agreement dated as of February 17, 2005 (referred to herein as the “Credit Agreement”). Capitalized terms used in this
Amendment which are not otherwise defined in this Amendment shall have the respective meanings assigned to them in the
The Borrower has requested the Administrative Agent and the Banks to amend the Credit Agreement to modify
certain provisions of the Credit Agreement as more fully set forth herein. The Banks, the Administrative Agent and the
Borrower desire to amend the Credit Agreement upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the Recitals and the mutual promises contained herein and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Borrower, the Administrative
Agent and the Banks, intending to be legally bound hereby, agree as follows:
SECTION 1. Recitals . The Recitals are incorporated herein by reference and shall be deemed to be a part of this
SECTION 2. Amendments . The Credit Agreement is hereby amended as set forth in this Section 2 .
SECTION 2.01. Amendment to Section 5.40 . Section 5.40 of the Credit Agreement is amended and restated to read in
its entirety as follows:
SECTION 5.40. Annual Independent Public Accountant’s Servicing Reports