Newtek Business Services Inc Sample Contracts

EXHIBIT 99.2 SHAREHOLDERS AGREEMENT AND IRREVOCABLE PROXY, dated June 28, 2000, by and among Tari Watkins, as Trustee under the Tari M. Watkins Revocable Trust, dated March 27, 1998 ("Trustee"), having an address at 15230 Vali Hai Road, Poway,...
Shareholders Agreement • August 11th, 2000 • Newtek Capital Inc

SHAREHOLDERS AGREEMENT AND IRREVOCABLE PROXY, dated June 28, 2000, by and among Tari Watkins, as Trustee under the Tari M. Watkins Revocable Trust, dated March 27, 1998 ("Trustee"), having an address at 15230 Vali Hai Road, Poway, California 90264, Arthur L. Asch, an individual resident in Sands Point, New York ("A. Asch"), and Michael A. Asch, an individual resident in New York, New York ("M. Asch"). Trustee, A. Asch and M. Asch are holders of record of common stock, $.02 par value ("Shares"), of REXX Environmental Corporation, a New York corporation ("REXX").

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RECITALS
Guaranty Agreement • March 31st, 2003 • Newtek Business Services Inc • Finance services • New York
EMPLOYMENT AGREEMENT WITH BARRY SLOANE
Employment Agreement • March 31st, 2003 • Newtek Business Services Inc • Finance services • New York
EXHIBIT 99.2
Newtek Capital Inc • December 15th, 2000 • Finance services
VOTING AGREEMENT
Voting Agreement • August 11th, 2000 • Newtek Capital Inc • New York
PLAN OF MERGER
Plan of Merger • August 11th, 2000 • Newtek Capital Inc • New York
Employment Agreement with Jeffrey Rubin
Newtek Capital Inc • August 11th, 2000 • New York
NEWTEK BUSINESS SERVICES, INC. Employment Agreement with Craig J. Brunet
Employment Agreement • March 31st, 2014 • Newtek Business Services, Inc. • Services-business services, nec • New York

PREAMBLE. This Agreement entered into this 18th day of March 2014, by and between Newtek Business Services, Inc. (the “Company”) and CRAIG J. BRUNET (the “Executive”), effective immediately.

] Shares of Common Stock NEWTEK BUSINESS SERVICES, INC. UNDERWRITING AGREEMENT June , 2004
Underwriting Agreement • June 28th, 2004 • Newtek Business Services Inc • Finance services • New York

Newtek Business Services, Inc., a corporation organized and existing under the laws of New York (the “Company”), confirms its agreement, subject to the terms and conditions set forth herein, with each of the underwriters listed on Exhibit A hereto (collectively, the “Underwriters”), for whom Roth Capital Partners, LLC and Maxim Group LLC are acting as representatives (in such capacity, the “Representatives”), to sell and issue to the Underwriters an aggregate of [ ] shares (the “Firm Shares”) of its common stock, par value $0.02 per share (the “Common Stock”). In addition, the Company, on a first priority basis, and the shareholders of the Company listed on Schedule B hereto (the “Selling Shareholders”), on a second priority basis, propose to sell to the Underwriters, upon the terms and conditions set forth in Section 3 hereof, an aggregate additional amount of [ ] shares of Common Stock (the “Additional Shares”). The Firm Shares and any Additional Shares purchased by the Underwriters

NEWTEK BUSINESS SERVICES, INC. Employment Agreement with Craig J. Brunet
Newtek Business Services, Inc. • May 9th, 2013 • Services-business services, nec • New York

PREAMBLE. This Agreement entered into this 29th day of March 2013, by and between Newtek Business Services, Inc. (the “Company”) and CRAIG J. BRUNET (the “Executive”), effective immediately.

THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT NEWTEK SMALL BUSINESS FINANCE, INC. (as Borrower) and CAPITAL ONE, NATIONAL ASSOCIATION (as Lender) Dated as of October 29, 2014
Loan and Security Agreement • October 30th, 2014 • Newtek Business Services, Inc. • Services-business services, nec • New York

This Third Amended and Restated Loan and Security Agreement (as the same may be amended, modified, or restated from time to time, this “Agreement”) is dated as of October 29, 2014 by and between NEWTEK SMALL BUSINESS FINANCE, INC., a New York corporation (“Borrower”), and CAPITAL ONE, NATIONAL ASSOCIATION (“Lender”).

CLASS A NOTE
Newtek Business Services, Inc. • January 5th, 2012 • Services-business services, nec • New York

THIS NOTE DOES NOT EVIDENCE AN OBLIGATION OF OR AN INTEREST IN, AND, EXCEPT FOR THE LIMITED GUARANTY PROVIDED BY THE GUARANTOR UNDER THE NBS GUARANTY AGREEMENT, IS NOT GUARANTEED BY, THE ISSUER, THE DEPOSITOR, THE SELLER, THE SERVICER, THE BACK-UP SERVICER, THE INDENTURE TRUSTEE, THE OWNER TRUSTEE, THE ADMINISTRATOR OR ANY AFFILIATE OF ANY OF THEM AND IS NOT INSURED OR GUARANTEED BY ANY GOVERNMENTAL AGENCY OR PRIVATE INSURER.

CREDIT AND SECURITY AGREEMENT BY AND BETWEEN CDS BUSINESS SERVICES, INC. AND WELLS FARGO BANK, NATIONAL ASSOCIATION Acting through its Wells Fargo Business Credit operating division February 27, 2007
Credit and Security Agreement • August 14th, 2007 • Newtek Business Services Inc • Finance services • New York

CDS BUSINESS SERVICES, INC., a Delaware corporation (the “Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (as more fully defined in Article I herein, the “Lender”) acting through its Wells Fargo Business Credit operating division, hereby agree as follows:

November 29, 1999
Newtek Capital Inc • August 11th, 2000
NEWTEK BUSINESS SERVICES, INC. Employment Agreement with Jennifer Eddelson
Employment Agreement • March 31st, 2014 • Newtek Business Services, Inc. • Services-business services, nec • New York

PREAMBLE. This Agreement entered into this 17 day of March 2014, by and between Newtek Business Services, Inc. (the “Company”) and JENNIFER C. EDDELSON (the “Executive”), effective immediately.

GUARANTY (Corporate)
Newtek Business Services Inc • March 3rd, 2011 • Services-business services, nec • New York

FOR VALUE RECEIVED, and in consideration of loans made or to be made or credit otherwise extended or to be extended by STERLING NATIONAL BANK (“Sterling”), each of the financial institutions (together with Sterling, collectively, “Lenders”) named in or which hereafter become a party to the Loan Agreement (as hereinafter defined) and Sterling, as agent for Lenders (in such capacity, “Agent”) to or for the account of CDS Business Services, Inc. (“Borrower”) from time to time and at any time and for other good and valuable consideration and to induce Agent and Lenders, in their discretion, to make such loans or extensions of credit and to make or grant such renewals, extensions, releases of collateral or relinquishments of legal rights as Agent and Lenders may deem advisable, the undersigned (and each of them if more than one, the liability under this Guaranty being joint and several) unconditionally guaranties to Agent for its own benefit and for the ratable benefit of Lenders, their suc

Employment Agreement with Jeffrey G. Rubin
Employment Agreement • May 10th, 2006 • Newtek Business Services Inc • Finance services • New York

PREAMBLE. This Agreement entered into this 30th day of June 2005, by and between Newtek Business Services, Inc. (the “Company”) and Jeffrey G. Rubin (the “Executive”), effective immediately.

Employment Agreement with Barry Sloane
Newtek Business Services • July 14th, 2006 • Newtek Business Services Inc • Finance services • New York

PREAMBLE. This Agreement entered into this 30th day of June 2006, by and between Newtek Business Services, Inc. (the “Company”) and Barry Sloane (the “Executive”), effective immediately.

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i/o DATA CENTERS LEASE AND MASTER SERVICES AGREEMENT (SIGNATURE PAGE) AGREEMENT NO.
Lease and Master Services Agreement • May 15th, 2007 • Newtek Business Services Inc • Finance services • Arizona

THIS LEASE AND MASTER SERVICES AGREEMENT (this “Agreement”) is dated March 15, 2007 and is by and between IO Capital Princess, LLC, a Delaware limited liability company doing business as i/o Data Centers (“Lessor”) and the lessee identified below (“Customer”).

Employment Agreement with Brian A. Wasserman
Newtek Business Services Inc • June 28th, 2004 • Finance services • New York

PREAMBLE. This Agreement entered into this 14th day of May 2004, by and between Newtek Business Services, Inc. (the “Company”) and Brian A. Wasserman (the “Executive”), effective immediately.

NEWTEK BUSINESS SERVICES, INC. Employment Agreement with Jennifer Eddelson
Newtek Business Services, Inc. • August 6th, 2012 • Services-business services, nec • New York

PREAMBLE. This Agreement entered into this 1st day of June, 2012, by and between Newtek Business Services, Inc. (the “Company”) and JENNIFER EDDELSON (the “Executive”), effective immediately.

Employment Agreement with John R. Cox
Newtek Business Services Inc • June 28th, 2004 • Finance services • New York

PREAMBLE. This Agreement entered into this 23rd day of August, 2002, by and between Small Business Funding, Inc. (the “Company”) and John R. Cox (the “Executive”), effective immediately.

GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • May 5th, 2010 • Newtek Business Services Inc • Services-business services, nec

THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of the 30th day of April, 2010, by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 (the “Guarantor”), in favor of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (“Lender”).

GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • December 20th, 2010 • Newtek Business Services Inc • Services-business services, nec

THIS GUARANTY OF PAYMENT AND PERFORMANCE (this "Guaranty") is made as of December 15, 2010, by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 ("Guarantor"), in favor of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 ("Lender").

PLEDGE AGREEMENT
Pledge Agreement • October 23rd, 2007 • Newtek Business Services Inc • Finance services • New York

PLEDGE AGREEMENT (together with all amendments, supplements and modifications, if any, from time to time hereto, this “Agreement”), dated as of October 19, 2007 between NEWTEK BUSINESS SERVICES, INC., a New York corporation (the “Pledgor”) and NORTH FORK BANK, a division of Capital One, N.A., individually as Lender (“Lender”).

AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • June 21st, 2011 • Newtek Business Services Inc • Services-business services, nec

THIS AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of June 16, 2011 by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 (“Guarantor”), in favor of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (“Lender”).

CREDIT AGREEMENT Dated as of August 31, 2005 among NEWTEK SMALL BUSINESS FINANCE, INC. as Borrower, THE OTHER CREDIT PARTIES SIGNATORY HERETO, as Credit Parties, and GENERAL ELECTRIC CAPITAL CORPORATION, as Lender
Credit Agreement • September 7th, 2005 • Newtek Business Services Inc • Finance services • New York

This CREDIT AGREEMENT (this “Agreement”), dated as of August 31, 2005 among NEWTEK SMALL BUSINESS FINANCE, INC., a New York corporation (“Borrower”); the other Credit Parties signatory hereto; and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, “GE Capital”), as Lender.

NEWTEK BUSINESS SERVICES, INC. Amendment to Employment Agreement with Craig J. Brunet
Employment Agreement • December 28th, 2007 • Newtek Business Services Inc • Finance services

PREAMBLE. This Amendment entered into this 21st day of December 2007, by and between Newtek Business Services, Inc. (the “Company”) and Craig J. Brunet (the “Executive”), effective January 1, 2008.

GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • October 23rd, 2007 • Newtek Business Services Inc • Finance services

THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of the 19th day of October, 2007, by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 (the “Guarantor”), in favor of North Fork Bank, a division of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (“Lender”).

FIFTH AMENDMENT AND CONSENT TO CREDIT AGREEMENT
Credit Agreement • July 23rd, 2009 • Newtek Business Services Inc • Services-business services, nec • New York

This FIFTH AMENDMENT AND CONSENT TO CREDIT AGREEMENT, dated as of July 21, 2009 (this “Amendment”), to the Credit Agreement referred to below, by and among NEWTEK SMALL BUSINESS FINANCE, INC., a New York corporation (“Borrower”), the other Credit Parties signatory thereto and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Lender”).

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