EXHIBIT 10.21
AMENDMENT NO. 3 TO
THIRD AMENDED AND RESTATED
LOAN FUNDING AND SERVICING AGREEMENT
(ACS Funding Trust I)
THIS AMENDMENT NO. 3 TO THIRD AMENDED AND RESTATED LOAN FUNDING AND SERVICING
AGREEMENT , dated as of October 5, 2006 (this “ Amendment ”), is entered into by and among ACS FUNDING TRUST I, as
the borrower (in such capacity, the “ Borrower ”), AMERICAN CAPITAL STRATEGIES, LTD., as the servicer (in such capacity,
the “ Servicer ”), VARIABLE FUNDING CAPITAL COMPANY LLC, as a conduit lender (in such capacity, a “ Conduit Lender
”), WACHOVIA CAPITAL MARKETS, LLC, as the deal agent (in such capacity, the “ Deal Agent ”), WACHOVIA BANK,
NATIONAL ASSOCIATION, as an institutional lender (in such capacity, an “ Institutional Lender ”), as the swingline lender (in
such capacity, the “ Swingline Lender ”) and as a hedge counterparty (in such capacity, a “ Hedge Counterparty ”),
JPMORGAN CHASE BANK, N.A. (“ JPMorgan Chase Bank ”), as an institutional lender (in such capacity, an “ Institutional
Lender ”) and as a hedge counterparty (in such capacity, a “ Hedge Counterparty ”), CITIGROUP GLOBAL MARKETS
REALTY CORP., as an institutional lender (in such capacity, an “ Institutional Lender ”), YC SUSI TRUST, as a conduit lender
(in such capacity, a “ Conduit Lender ”), BANK OF AMERICA, NATIONAL ASSOCIATION, as an institutional lender (in such
capacity, an “ Institutional Lender ”) and as the lender agent for YC SUSI TRUST (in such capacity, a “ Lender Agent ”), and
WELLS FARGO BANK, NATIONAL ASSOCIATION, as the backup servicer (in such capacity, the “ Backup Servicer ”) and as
the collateral custodian (in such capacity, the “ Collateral Custodian ”). Capitalized terms used and not otherwise defined herein
shall have the meanings given to such terms in the Agreement (as defined below).
RECITALS
WHEREAS , the parties hereto are parties to that certain Third Amended and Restated Loan Funding and Servicing
Agreement, dated as of September 23, 2005 (as amended by Amendment No. 1, dated as