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Sutherland Represents Fifth Street Finance Corp. in $152 Million Convertible Debt Offering

April 20, 2011

WASHINGTON (April 20, 2011) – Sutherland Asbill & Brennan LLP represented Fifth Street Finance Corp. (NYSE:FSC) (Fifth Street) in a private offering of $150 million of the aggregate principal amount of Fifth Street’s 5.375% convertible senior notes due 2016.  J.P. Morgan Securities LLC and Morgan Stanley & Co. Incorporated acted as representatives of several initial purchasers in connection with the offering.  Fifth Street has also granted the initial purchasers an option to buy up to an additional $22.5 million of the convertible senior notes.

In conjunction with the offering, Fifth Street also sold $2 million of the principal amount of the convertible senior notes to its Chief Executive Officer, Leonard M. Tannenbaum.

The Sutherland team representing Fifth Street was led by Partners Harry S. Pangas and James D. Darrow and Associates Bradford J. Sayler and Michael D. Schaefer

Inquiries related to this transaction may be directed to Harry S. Pangas at 202.383.0805 or

Fifth Street Finance Corp. is a specialty finance company that lends to and invests in small and mid-sized companies, primarily in connection with investments by private equity sponsors. Fifth Street Finance Corp.’s investment objective is to maximize its portfolio’s total return by generating current income from its debt investments and capital appreciation from its equity investments. Fifth Street Finance Corp. has elected to be regulated as a business development company under the Investment Company Act of 1940.

Sutherland Asbill & Brennan LLP is a law firm with global reach known for solving challenging business problems and resolving sophisticated legal issues for many of the world’s largest companies. Founded in 1924, the firm handles matters throughout the United States and worldwide. Seven major practice areas—corporate, energy and environmental, financial services, intellectual property, litigation, real estate, and tax—provide the framework for an extensive range of focus areas, allowing Sutherland attorneys to serve a diverse client base that ranges from small and medium-sized start-up businesses to a significant number of Fortune 100 companies.

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Sutherland Asbill & Brennan LLP is an international law firm helping the Fortune 100, industry leaders, sector innovators and business entrepreneurs solve their biggest challenges and reach their business goals. Dedicated to unfaltering excellence in client service, we are known for our business savvy and industry intelligence, providing creative and custom solutions for each of our clients. Industry and business experience makes the difference for our clients.

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