1 EXHIBIT 5 SUTHERLAND, ASBILL & BRENNAN, L.L.P. 1275 Pennsylvania Avenue, N.W. Washington, D.C. 20004 July 2, 1997 Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Re: Allied Capital Corporation II Stock Option Plan: Registration on Form S-8 Ladies and Gentlemen: Reference is made to the Registration Statement on Form S-8 (the "Registration Statement") of Allied Capital Corporation II, a Maryland corporation (the "Company"), filed on the date hereof with the Securities and Exchange Commission under the Securities Act of 1933, as amended, in connection with a proposed offering by the Company to certain of its employees, officers and non-officer directors of an additional 606,490 shares of the Company's common stock, $1.00 par value per share (the "Shares") under the Allied Capital Corporation II Stock Option Plan (the "Plan"). As counsel for the Company, we have examined originals, or copies certified or otherwise identified to our satisfaction, of such corporate records or other documents as we have deemed relevant as a basis for our opinion hereinafter expressed. Where factual matters material to this opinion letter were not independently established, we have relied upon certificates and representations of current executive officers and responsible employees and agents of the Company and upon such other data as we deemed to be appropriate under the circumstances. This opinion is limited to the corporate laws of the State of Maryland and we express no opinion with respect to the laws of any other jurisdiction. With respect to the corporate laws of the State of Maryland, we have examined and relied upon the General Corporation Law of the State of Maryland. Based upon and subject to the foregoing, it is our opinion that the Shares have been duly and validly authorized and, when issued and paid for pursuant to the offering and in the manner contemplated by the Registration Statement, will be validly issued, fully paid and nonassessable. We hereby consent to the filing of this opinion as an exhibit to the Registration Statement. SUTHERLAND, ASBILL & BRENNAN, L.L.P. By: /s/ Steven B. Boehm ------------------------------ Steven B. Boehm - 6 -