Notice Pursuant to Tex. Bus. & Comm. Code §26.02. THE 4/04 A&R CREDIT AGREEMENT DATED AS OF APRIL 21, 2004, AS AMENDED BY THE 4/05 AMENDMENT TO CREDIT AGREEMENT DATED AS OF APRIL 20, 2005 AND THE OTHER CREDIT PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. (The remainder of this page is intentionally blank; unnumbered counterpart signature pages follow.) EXECUTED effective as April 20, 2005. FIELDSTONE INVESTMENT CORPORATION By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President FIELDSTONE MORTGAGE COMPANY By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Sr. Vice President & Treasurer JPMORGAN CHASE BANK, N.A. By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President Dated as of April 20, 2005 Amending (for the first time) the dated as of April 21, 2004 by and among FIELDSTONE INVESTMENT CORPORATION FIELDSTONE MORTGAGE COMPANY and JPMORGAN CHASE BANK, N.A. $200,000,000 Senior Secured Revolving Credit Index of Defined Terms 4/04 A&R Credit Agreement 4/05 Amendment 4/05 Amendment Effective Date Acceleration Date Alternate Base Rate Alternate Base Rate Margin Amendment Balances Equivalent Margin Balances Equivalent Rate Base Rate Borrower Borrowers Ceiling Rate Change of Control Committed Sum Company Current Credit Agreement Custodian Custody Agreement Facility Fee FIC JPMorgan Lender LIBOR Margin Margin Maturity Date Past Due Rate Permitted Guarantees Rate Stated Rate Total Liabilities
Notice Pursuant to Tex. Bus. & Comm. Code Section 26.02 THIS AMENDMENT AND ALL OTHER LOAN DOCUMENTS EXECUTED BY ANY OF THE PARTIES BEFORE OR SUBSTANTIALLY CONTEMPORANEOUSLY WITH THE EXECUTION HEREOF, INCLUDING THE GUARANTY, TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Notice Pursuant to Tex. Bus. & Comm. Code ss.26.02. This Section is hereby amended to read as follows: THE 3/02 CREDIT AGREEMENT, AS SUPPLEMENTED BY THE 10/02 SUPPLEMENT, AS AMENDED BY THE 12/02 AMENDMENT, THE 3/03 AMENDMENT, AND THE 3/31/03 AMENDMENT AND AS AMENDED HEREBY, AND THE OTHER FACILITIES PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. (The remainder of this page is blank; unnumbered counterpart signature pages follow.) EXECUTED as of September 22, 2003. By the Companies: AMERICAN BUSINESS CREDIT, INC. By:_________________________________________ Name:_______________________________________ Title:______________________________________ HOMEAMERICAN CREDIT, INC. doing business as UPLAND MORTGAGE By:_________________________________________ Name:_______________________________________ Title:______________________________________ AMERICAN BUSINESS MORTGAGE SERVICES, INC. By:_________________________________________ Name:_______________________________________ Title:______________________________________ TIGER RELOCATION COMPANY By:_________________________________________ Name:_______________________________________ Title:______________________________________ ABFS RESIDUAL 2002, INC. By:_________________________________________ Name:_______________________________________ Title:______________________________________ By the Parent/Guarantor: AMERICAN BUSINESS FINANCIAL SERVICES, INC. By:_________________________________________ Name:_______________________________________ Title:______________________________________ Unnumbered counterpart signature page to 9/03 Amendment to Senior Secured Credit Agreement among American Business Credit, Inc. and certain affiliates and JPMorgan Chase Bank, as Agent and as a Lender By the Agent and a Lender: JPMORGAN CHASE BANK, as the Agent and as a Lender By:_________________________________________ Name:_______________________________________ Title:______________________________________ Schedules: Schedule LC - the Lenders' Committed Sums and Subline Funding Limits and the Aggregate Committed Sum Unnumbered counterpart signature page to 9/03 Amendment to Senior Secured Credit Agreement among American Business Credit, Inc. and certain affiliates and JPMorgan Chase Bank, as Agent and as a Lender SCHEDULE LC TO 3/...
Notice Pursuant to Tex. Bus. & Comm.
Notice Pursuant to Tex. Bus. & Comm. Code §26.02. THIS AGREEMENT AND THE OTHER FACILITIES PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. (The remainder of this page is intentionally blank; signature pages follow.) Exhibits: Exhibit A-1 – Senior Credit Notes form Exhibit A-2 – Swing Line Note form Exhibit B – Requests for Borrowing forms with Submission List forms Exhibit C – Form of Total Pledged MBS List Exhibit D – Form of Total Pledged Servicing List Exhibit E – List of the Company’s Subsidiaries Exhibit F – Form of Officer’s Certificate as to compliance or noncompliance with certain financial covenants Exhibit G – Form of Assignment and Assumption Agreement Exhibit H – Opinion provisions Exhibit I – Form of Interest Option Selection Confirmation Schedules: Schedule AI – List of Approved Investors Schedule AR – List of Authorized Company Representatives Schedule LC – The Lenders’ Committed Sums Schedule DQ – Disqualifiers Schedule EC – Eligible Collateral Schedule UG-SSF – Company Underwriting Guidelines for Single-family Mortgage Loans Schedule MAC – Current Maximum Aggregate Commitment Schedule 8.4 – Summary of contingent liabilities and material adverse changes and material unrealized losses since the Statement Date Schedule 8.16 – The Company’s Plans Schedule 10.1 – List of Contingent Liabilities Schedule 10.9 – List of Permitted Debt Schedule 14 – List of Lenders and Addresses for Notices EXECUTED as of the Effective Date. HOMEBANC MORTGAGE CORPORATION By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Executive Vice President Unnumbered counterpart signature page to 12/03 Amended & Restated Senior Secured Credit Agreement among HomeBanc Mortgage Corporation, XX Xxxxxx Xxxxx Bank, et al. JPMORGAN CHASE BANK, as the Agent and as a Lender By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Senior Vice President Unnumbered counterpart signature page to 12/03 Amended & Restated Senior Secured Credit Agreement among HomeBanc Mortgage Corporation, XX Xxxxxx Xxxxx Bank, et al. COMMERZBANK AKTIENGESELLSCHAFT NEW YORK AND GRAND CAYMAN BRANCHES as a Lender By: /s/ Xxxxxxx X. XxXxxxxx Name: Xxxxxxx X. XxXxxxxx Title: Vice President By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Vice President Unnumbered counterpart signature page to 12/03 A...
Notice Pursuant to Tex. BUS. & COMM. CODE §26.02. THIS AMENDMENT AND ALL OTHER LOAN DOCUMENTS EXECUTED BY ANY OF THE PARTIES BEFORE OR SUBSTANTIALLY CONTEMPORANEOUSLY WITH THE EXECUTION HEREOF, TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. EXECUTED as of the date first set forth above.
Notice Pursuant to Tex. Bus. & Comm. Code ss.26.02..............................................101 Preamble This 3/02 Amended and Restated Senior Secured Credit Agreement (the "3/02 Credit Agreement" and as it may be supplemented, amended or restated from time to time, the "Current Credit Agreement" or, within itself, this "Agreement"), whose effective date (the "Effective Date") is March 15, 2002, among: AMERICAN BUSINESS CREDIT, INC. ("ABC"), a Pennsylvania corporation, HOMEAMERICAN CREDIT, INC. ("HAC"), a Pennsylvania corporation doing business under the assumed or fictitious name Upland Mortgage, AMERICAN BUSINESS MORTGAGE SERVICES, INC. ("ABMS"), a New Jersey corporation (formerly named New Jersey Mortgage and Investment Corp.), TIGER RELOCATION COMPANY ("TRC"), a Pennsylvania corporation (formerly named ABC Holdings Corporation), and ABFS Residual 2002, Inc. ("ABFSR2002"), a Delaware corporation, each with its principal office at BalaPointe Office Centre, 111 Presidential Boulevard, Suite 215, Bala Cynwyd, Pennsylvania 19004 (ABC, HAC, ABMS, TRC and ABFSR2002 are herein collectively the "Companies" and are sometimes individually referred to as a "Company"); AMERICAN BUSINESS FINANCIAL SERVICES, INC. (the "Parent"), a Delaware corporation and owner of all of the capital stock of ABC, which owns all of the capital stock of each of the other Companies; JPMORGAN CHASE BANK ("Chase"), a New York banking corporation (successor by merger to The Chase Manhattan Bank, a New York banking corporation, which in turn was successor by merger to Chase Bank of Texas, National Association, a national banking association formerly named Texas Commerce Bank National Association), acting herein as a Lender and as agent and representative of the Lenders and Eligible Assignees (in that capacity, Chase is called the "Agent"); and such other Lender(s) as may from time to time be party to this Agreement; recites and provides as follows:
Notice Pursuant to Tex. Bus. & Comm. Code Section 26.02.......................16 4/99 AMENDMENT TO AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT Preamble This 4/99 Amendment to Amended and Restated Senior Secured Credit Agreement (the "4/99 AMENDMENT" or, within itself only, this "AMENDMENT" dated as of April 22, 1999 (the "4/99 AMENDMENT EFFECTIVE DATE") amending (for the second time) the 4/98 Amended and Restated Senior Secured Credit Agreement dated as of April 13, 1998 (the "4/98 A&R CREDIT AGREEMENT", or as amended by the 7/98 Amendment to Amended and Restated Senior Secured Credit Agreement dated as of July 29, 1998 " the "7/98 AMENDMENT", as amended hereby and as it may be supplemented, further amended or restated, the "CREDIT AGREEMENT"), among LONG BEACH MORTGAGE COMPANY (the "COMPANY"), a Delaware corporation with its principal office at 1100 Xxxx & Xxxxxxx Xxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxx 00000, XXASE BANK OF TEXAS, NATIONAL ASSOCIATION ("CHASE TEXAS"), a national banking association acting as a Lender and agent and Representative of the Lenders and Eligible Assignees (in that capacity, Chase Texas is called the "AGENT"), and such other lenders as may from time to time be party to the Credit Agreement (together with Chase Texas, the "Lenders') recites and states as follows:
Notice Pursuant to Tex. Bus. & Comm. Code "26.02. THIS AGREEMENT, AS AMENDED BY THE 7/98 AMENDMENT AND THE 4/99 AMENDMENT, AND THE OTHER FACILITIES PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Notice Pursuant to Tex. Bus. & Comm. Code §26.02. THIS AGREEMENT AND THE OTHER CREDIT PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. (The remainder of this page is intentionally blank; signature pages follow.) EXECUTED as of the Effective Date. FIELDSTONE INVESTMENT CORPORATION By: /s/ XXXXXX X. XXXXXXX Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President FIELDSTONE MORTGAGE COMPANY By: /s/ XXXX X. XXXXX Name: Xxxx X. Xxxxx Title: SVP & Treasurer JPMORGAN CHASE BANK, By: /s/ XXX X. XXXXX Name: Xxx X. Xxxxx Title: Vice President 76 QuickLinks
