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FS ENERGY & POWER FUND FILES (8-K) Disclosing Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant, Financial Statements and Exhibits

August 21, 2014

Item 1.01. Entry into a Material Definitive Agreement.



On August 18, 2014, Berwyn Funding LLC, a wholly-owned, special purpose financing subsidiary of FS Energy and Power Fund (the "Company"), entered into an amendment to the committed facility agreement, dated as of December 11, 2013, between BNP Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities ("BNP"), and Berwyn Funding LLC (the "Amendment"). The Amendment increased the maximum commitment financing available to Berwyn Funding LLC from $200,000,000 to $300,000,000 and added a 30-day cancellation right for BNP if BNP Paribas' long-term credit rating declines three or more notches below its highest rating by any of Standard & Poor's Financial Services LLC, Moody's Investors Service, Inc., or Fitch Ratings, Inc., during the period commencing on the closing date of the committed facility agreement (December 11, 2013) and ending on the date of such long-term credit rating decline. The Company has paid or will pay certain fees to BNP Paribas Prime Brokerage, Inc. in connection with the Amendment.

No other material terms of the committed facility agreement changed in connection with the Amendment.

The foregoing description of the Amendment as set forth in this Item 1.01 is a summary only and is qualified in all respects by the provisions of the Amendment, a copy of which is attached hereto as Exhibit 10.1 and is incorporated by reference herein.

Item 2.03. Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.



The information in Item 1.01 of this Current Report on Form 8-K is incorporated by reference into this Item 2.03.

Item 9.01. Financial Statements and Exhibits. (d) Exhibits. EXHIBIT NUMBER DESCRIPTION First Amendment Agreement, dated as of August 18, 2014, between BNP 10.1 Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities and Berwyn Funding LLC.


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Source: Edgar Glimpses


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