BACKGROUNDEmployment Agreement • October 14th, 2003 • Marlin Business Services Inc • Services-equipment rental & leasing, nec • New Jersey
COMMON STOCK (PAR VALUE $.01 PER SHARE)Purchase Agreement • October 28th, 2003 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • New York
INDEX ----- SECTION SECTION PAGE ------- ------- ---- 1. SUMMARY OF TERMS AND CERTAIN DEFINITIONS........................................... 1 2. PREMISES... ........................................................................ 2 3. ACCEPTANCE OF...Lease Agreement • March 29th, 2004 • Marlin Business Services Corp • Services-equipment rental & leasing, nec
BACKGROUNDEmployment Agreement • October 14th, 2003 • Marlin Business Services Inc • Services-equipment rental & leasing, nec • New Jersey
Exhibit 4.1 MARLIN LEASING CORPORATION SECOND AMENDED AND RESTATED REGISTRATION AGREEMENT This SECOND AMENDED AND RESTATED REGISTRATION AGREEMENT is made as of April 7, 2000, by and among Marlin Leasing Corporation, a Delaware corporation (the...Registration Agreement • October 14th, 2003 • Marlin Business Services Inc • Services-equipment rental & leasing, nec • Delaware
AGREEMENT AND PLAN OF MERGER by and among MADEIRA HOLDINGS, LLC, MADEIRA MERGER SUBSIDIARY, INC. and MARLIN BUSINESS SERVICES CORP. Dated as of April 18, 2021Merger Agreement • April 20th, 2021 • Marlin Business Services Corp • State commercial banks • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of April 18, 2021 (this “Agreement”), is entered into by and among Madeira Holdings, LLC, a Delaware limited liability company (“Parent”), Madeira Merger Subsidiary, Inc., a Pennsylvania corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Marlin Business Services Corp., a Pennsylvania corporation (the “Company”).
EXHIBIT 10.1 FOURTH AMENDMENT TO ------------------- SECOND AMENDED AND RESTATED WAREHOUSE REVOLVING CREDIT ------------------------------------------------------ FACILITY AGREEMENT ------------------ THIS FOURTH AMENDMENT TO THE SECOND AMENDED AND...Warehouse Revolving Credit Facility Agreement • April 6th, 2007 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • Pennsylvania
EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 10th, 2016 • Marlin Business Services Corp • State commercial banks
THIS EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of May 4, 2016, is entered into by and between MARLIN RECEIVABLES CORP., a Nevada corporation (“Borrower”), MARLIN LEASING CORPORATION, a Delaware corporation (“Originator” or “Servicer”), and MARLIN BUSINESS SERVICES CORP., a Pennsylvania corporation (“Parent”), and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company formerly known as Wells Fargo Foothill, LLC (“Lender”).
RECEIVABLES LOAN AND SECURITY AGREEMENT Dated as of September 24, 2010 Among MARLIN LEASING RECEIVABLES XIII LLC, as the Borrower, MARLIN LEASING CORPORATION, as the Servicer, THE FINANCIAL INSTITUTIONS PARTY HERETO FROM TIME TO TIME, as Lenders, KEY...Receivables Loan and Security Agreement • September 27th, 2010 • Marlin Business Services Corp • State commercial banks • New York
AMENDMENT 2008-1 TO THE EMPLOYMENT AGREEMENTEmployment Agreement • January 7th, 2009 • Marlin Business Services Corp • Services-equipment rental & leasing, nec
WHEREAS, the Company and Executive previously entered into that certain Employment Agreement, dated as of October 14, 2003, (the “Employment Agreement”), which sets forth the terms and conditions of Executive’s employment with the Company;
MARLIN BUSINESS SERVICES CORP.Nonqualified Stock Option Agreement • April 23rd, 2010 • Marlin Business Services Corp • State commercial banks • Pennsylvania
This STOCK OPTION GRANT, dated as of May 24, 2010 (the “Date of Grant”), is delivered by Marlin Business Services Corp. (the “Company”) to [NAME] (the “Grantee”).
EXECUTION MASTER LEASE RECEIVABLES ASSET-BACKED FINANCING FACILITY AGREEMENTMaster Lease Receivables Asset-Backed Financing Facility Agreement • September 5th, 2003 • Marlin Business Services Inc • New York
FOURTH AMENDMENT TO THE AMENDED AND RESTATED SERIES 2000-A SUPPLEMENT TO THE MASTER FACILITY AGREEMENT FOURTH AMENDMENT, dated as of October 7, 2004 ("Fourth Amendment"), among MARLIN LEASING CORPORATION, individually, and as the Servicer (in such...Amended and Restated Series 2000-a Supplement to the Master Facility Agreement • October 12th, 2004 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • New York
870,000 Shares Marlin Business Services Corp. Common Stock PURCHASE AGREEMENTPurchase Agreement • November 17th, 2006 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • New York
The shareholders of Marlin Business Services Corp., a Pennsylvania corporation (the “Company”) listed on Schedule I hereto (the “Selling Shareholders”) propose, subject to the terms and conditions contained herein, to sell to Piper Jaffray & Co. (the “Underwriter”) an aggregate of 870,000 shares (the “Firm Shares”) of common stock, par value $.01 per share (the “Common Stock”), of the Company in the respective amounts set forth on Schedule I hereto. The Selling Shareholders have also granted the Underwriter an option to purchase up to 130,000 additional shares on the terms and for the purposes set forth in Section 4 (the “Option Shares”) in the respective amounts set forth on Schedule I hereto. The Firm Shares and the Option Shares purchased pursuant to this Agreement are herein collectively referred to as the “Securities”.
STOCK AWARDStock Award Agreement • July 31st, 2020 • Marlin Business Services Corp • State commercial banks
SECOND AMENDED AND RESTATED SERIES 2000-A SUPPLEMENT Dated as of September 28, 2006 to the MASTER LEASE RECEIVABLES ASSET-BACKED FINANCING FACILITY AGREEMENT Dated as of December 1, 2000Second Amended and Restated Series 2000-a Supplement • September 29th, 2006 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • New York
This Second Amended and Restated Series 2000-A Supplement, (the “Series 2000-A Supplement”) dated as of September 28, 2006, is by and among Marlin Leasing Corporation, a Delaware corporation, individually (in such capacity “Marlin”), and as initial servicer (in such capacity, the “Servicer”), Marlin Leasing Receivables Corp. IV, a Nevada corporation (“MLR IV”), as the Obligors’ Agent, Marlin Leasing Receivables IV LLC, a Nevada limited liability company (“MLR IV LLC”), as the Obligor, Deutsche Bank AG, New York Branch, as Agent (the “Agent”), and Wells Fargo Bank, N.A., a national banking association (the “Trustee”).
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 12th, 2015 • Marlin Business Services Corp • State commercial banks
THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of January 7, 2015, is entered into by and between MARLIN RECEIVABLES CORP., a Nevada corporation (“Borrower”), MARLIN LEASING CORPORATION, a Delaware corporation (“Originator” or “Servicer”), and MARLIN BUSINESS SERVICES CORP., a Pennsylvania corporation (“Parent”), and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company formerly known as Wells Fargo Foothill, LLC (“Lender”).
SEPARATION AGREEMENT AND RELEASE OF CLAIMS AND COVENANT NOT TO SUESeparation Agreement • October 20th, 2015 • Marlin Business Services Corp • State commercial banks • New Jersey
This SEPARATION AGREEMENT AND RELEASE OF CLAIMS AND COVENANT NOT TO SUE (“Agreement”) is entered into by and between Daniel P. Dyer (“Executive”) and Marlin Business Services Corp., a Pennsylvania corporation (“Company”) (each, a “Party”, collectively, “the Parties”).
AMENDMENT 2006-1 TO THE EMPLOYMENT AGREEMENTEmployment Agreement • May 25th, 2006 • Marlin Business Services Corp • Services-equipment rental & leasing, nec
AMENDMENT, dated as of May 19, 2006, between Marlin Business Services Corp., a Pennsylvania corporation (the “Company”) and George D. Pelose (the “Executive”).
TRANSITION & RELEASE AGREEMENTTransition & Release Agreement • December 14th, 2005 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • New Jersey
This Transition & Release Agreement (the “Agreement”) is made as of December 6, 2005 by and between Marlin Business Services Corp. (“Company”) and Bruce E. Sickel (“Employee”).
R E C I T A L SThird Amendment to Series 2002-a Supplement to the Master Lease Receivables Asset-Backed Financing Facility Agreement • March 29th, 2004 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • New York
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 8th, 2015 • Marlin Business Services Corp • State commercial banks
THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of April 8, 2015, is entered into by and between MARLIN RECEIVABLES CORP., a Nevada corporation (“Borrower”), MARLIN LEASING CORPORATION, a Delaware corporation (“Originator” or “Servicer”), and MARLIN BUSINESS SERVICES CORP., a Pennsylvania corporation (“Parent”), and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company formerly known as Wells Fargo Foothill, LLC (“Lender”).
SEPARATION AGREEMENTSeparation Agreement • April 30th, 2015 • Marlin Business Services Corp • State commercial banks • New Jersey
This Separation Agreement (this “Agreement”) is made by and between Marlin Business Services Corp. (the “Company”) and Lynne C. Wilson (the “Employee”). The Company and the Employee are each referred to individually herein as a “Party” and, collectively, as the “Parties.”
to the MASTER LEASE RECEIVABLES ASSET-BACKED FINANCING FACILITY AGREEMENTAmended and Restated Series 2000-a Supplement • September 5th, 2003 • Marlin Business Services Inc • New York
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 2nd, 2012 • Marlin Business Services Corp • State commercial banks
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of June 26, 2012, is entered into by and between MARLIN RECEIVABLES CORP., a Nevada corporation (“Borrower”), MARLIN LEASING CORPORATION, a Delaware corporation (“Originator” or “Servicer”), and MARLIN BUSINESS SERVICES CORP., a Pennsylvania corporation (“Parent”), and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company formerly known as Wells Fargo Foothill, LLC (“Lender”).
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED SERIES 2000-A SUPPLEMENT TO THE MASTER LEASE RECEIVABLES ASSET-BACKED FINANCING FACILITY AGREEMENTSeries 2000-a Supplement to the Master Lease Receivables Asset-Backed Financing Facility Agreement • September 27th, 2007 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • New York
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED SERIES 2000-A SUPPLEMENT TO THE MASTER LEASE RECEIVABLES ASSET-BACKED FINANCING FACILITY AGREEMENT (this “Amendment”), made as of September 25, 2007, is entered into by and among MARLIN LEASING CORPORATION (“MLC”), individually, and as the Servicer, MARLIN LEASING RECEIVABLES CORP. IV (“MLRC”), as the Obligors’ Agent, MARLIN LEASING RECEIVABLES IV LLC, as the Obligor, DEUTSCHE BANK AG, NEW YORK BRANCH (“DEUTSCHE BANK”), as the Agent, and WELLS FARGO BANK, N.A. (“Wells Fargo”), as the Trustee. Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Supplement (as defined below).
SECOND AMENDMENT TO THE AMENDED AND RESTATED SERIES 2002-A SUPPLEMENT TO THE MASTER FACILITY AGREEMENTAmended and Restated Series 2002-a Supplement to the Master Facility Agreement • March 17th, 2009 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • New York
SECOND AMENDMENT, dated as of March 15, 2009 ("Second Amendment"), among MARLIN LEASING CORPORATION, individually, and as the Servicer (in such capacity, the "Servicer"), MARLIN LEASING RECEIVABLES CORP. II, as the Obligors' Agent ("MLR II"), MARLIN LEASING RECEIVABLES II LLC, as the Obligor ("MLR II LLC"), JPMORGAN CHASE BANK, N.A. (in such capacity, the "Agent"), and WELLS FARGO BANK, N.A. (the "Trustee") to AMENDED & RESTATED SERIES 2002-A SUPPLEMENT to the MASTER LEASE RECEIVABLES ASSET-BACKED FINANCING FACILITY AGREEMENT.
LOAN AND SECURITY AGREEMENT by and among MARLIN RECEIVABLES CORP. as Borrower, MARLIN LEASING CORPORATION as Originator, Servicer and Guarantor, MARLIN BUSINESS SERVICES CORP. as Parent and Guarantor, and WELLS FARGO FOOTHILL, LLC as Lender Dated as...Loan and Security Agreement • October 13th, 2009 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of October 9, 2009, by and between WELLS FARGO FOOTHILL, LLC, a Delaware limited liability company (“Lender”), MARLIN RECEIVABLES CORP., a Nevada corporation (“Borrower”), MARLIN LEASING CORPORATION, a Delaware corporation (“Originator” or “Servicer”), and MARLIN BUSINESS SERVICES CORP., a Pennsylvania corporation (“Parent”).
FIRST AMENDMENT TO THE AMENDED AND RESTATED SERIES 2002-A SUPPLEMENT TO THE MASTER FACILITY AGREEMENTAmended and Restated Series 2002-a Supplement to the Master Facility Agreement • September 5th, 2008 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • New York
FIRST AMENDMENT, dated as of August 29, 2008 (“First Amendment”), among MARLIN LEASING CORPORATION, individually, and as the Servicer (in such capacity, the “Servicer”), MARLIN LEASING RECEIVABLES CORP. II, as the Obligors’ Agent (“MLR II”), MARLIN LEASING RECEIVABLES II LLC, as the Obligor (“MLR II LLC”), JPMORGAN CHASE BANK, N.A. (in such capacity, the “Agent”), and WELLS FARGO BANK, N.A. (the “Trustee”) to AMENDED & RESTATED SERIES 2002-A SUPPLEMENT to the MASTER LEASE RECEIVABLES ASSET-BACKED FINANCING FACILITY AGREEMENT.
FIRST AMENDMENT TO THE AMENDED AND RESTATED SERIES 2002-A SUPPLEMENT TO THE MASTER LEASE RECEIVABLES ASSET-BACKED FINANCING FACILITY AGREEMENTSeries 2002-a Supplement to the Master Lease Receivables Asset-Backed Financing Facility Agreement • September 5th, 2007 • Marlin Business Services Corp • Services-equipment rental & leasing, nec
FIRST AMENDMENT TO THE AMENDED AND RESTATED SERIES 2002-A SUPPLEMENT TO THE MASTER LEASE RECEIVABLES ASSET-BACKED FINANCING FACILITY AGREEMENT (this “First Amendment”), made as of August 30, 2007, is entered into by and among MARLIN LEASING CORPORATION (“MLC”), individually, and as the Servicer, MARLIN LEASING RECEIVABLES CORP. II (“MLRC”), as the Obligors’ Agent, MARLIN LEASING RECEIVABLES II LLC, as the Obligor, JPMORGAN CHASE BANK, N.A. ("JPMorgan"), as the Agent, and WELLS FARGO BANK, N.A. (“Wells Fargo”), as the Trustee. Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Amended and Restated Series 2002-A Supplement (as defined below).
AMENDMENT 2013-1 TO THE EMPLOYMENT AGREEMENTEmployment Agreement • November 6th, 2013 • Marlin Business Services Corp • State commercial banks
WHEREAS, the Company and the Executive previously entered into that certain Employment Agreement, dated as of October 14, 2003, as amended pursuant to Amendment 2006-1, dated as of May 19, 2006, and further amended pursuant to Amendment 2008-1, dated as of December 31, 2008 (collectively, the “Employment Agreement”), which sets forth the terms and conditions of Executive’s employment with the Company; and
ContractAmended and Restated Series 2002-a Supplement to the Master Facility Agreement • April 2nd, 2009 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • New York
AMENDED & RESTATED SERIES 2002-A SUPPLEMENT Dated as of March 15, 2006 to the MASTER LEASE RECEIVABLES ASSET-BACKED FINANCING FACILITY AGREEMENT Dated as of April 1, 2002 (as amended)Series 2002-a Supplement • March 17th, 2006 • Marlin Business Services Corp • Services-equipment rental & leasing, nec • New York
This Amended & Restated Series 2002-A Supplement, (the “Series 2002-A Supplement”) dated as of March 15, 2006, is by and among Marlin Leasing Corporation, a Delaware corporation, individually (in such capacity “Marlin”), and as initial servicer (in such capacity, the “Servicer”), Marlin Leasing Receivables Corp. II, a Nevada corporation (“MLR II”), as the Obligors’ Agent, Marlin Leasing Receivables II LLC, a Nevada limited liability company (“MLR II LLC”), as the Obligor, JPMorgan Chase Bank, N.A. (successor by merger to Bank One, N.A.) as Agent (“JPMorgan Chase”, in such capacity, the “Agent”), and Wells Fargo Bank, N.A. (successor by merger to Wells Fargo Bank Minnesota, N.A.) (the “Trustee”).
PERSONAL AND CONFIDENTIAL June 18, 2007 Peachtree Equity Investment Management, Inc. WCI (Private Equity) LLC 1170 Peachtree Street, Suite 1610 Atlanta, GA 30309 Attention: Matthew J. Sullivan Re: Marlin Business Services Corp. Board Representative...Passivity Agreement • March 17th, 2008 • Marlin Business Services Corp • Services-equipment rental & leasing, nec
This Letter Agreement relates to the attached Passivity Agreement, dated June 18, 2007 (the “Passivity Agreement”), by and between Peachtree Equity Investment Management, Inc. and WCI (Private Equity) LLC (collectively, the “Peachtree Group”) and the Federal Deposit Insurance Corporation (the “FDIC”). The FDIC has required that the Peachtree Group enter into the Passivity Agreement as a condition to the FDIC’s approval of the application for the issuance of Federal deposit insurance (the “FDIC Insurance”) under the Federal Deposit Insurance Act (12 U.S.C. §1815) for Marlin Business Bank (the “Marlin Bank”), a proposed state nonmember bank being formed as a direct subsidiary of Marlin Business Services Corp. (the “Company”).
VOTING AGREEMENTVoting Agreement • April 20th, 2021 • Marlin Business Services Corp • State commercial banks • Delaware
THIS VOTING AGREEMENT (this “Agreement”), dated as of April 18, 2021, is entered into by and among Madeira Holdings, LLC, a Delaware limited liability company (“Parent”), and the Persons executing this Agreement as “Holders” on the signature pages hereto (each a “Holder” and collectively, the “Holders”).
