Standard Contracts
AMENDMENT NO. 8 AND WAIVER TO THE BRIDGE LOAN AGREEMENT Dated as of May 21, 2009Bridge Loan Agreement • May 28th, 2009 • Capmark Financial Group Inc. • Finance services • New York
AMENDMENT NO. 8 AND WAIVER TO THE BRIDGE LOAN AGREEMENT (this “Amendment and Waiver”) among Capmark Financial Group Inc., a Nevada corporation (the “Company”), the financial institutions and other institutional lenders party hereto, and Citicorp North America, Inc., as administrative agent (the “Agent”) for the Lenders.
AMENDMENT NO. 2 TO THE BRIDGE LOAN AGREEMENT Dated as of June 30, 2008Bridge Loan Agreement • July 3rd, 2008 • Capmark Financial Group Inc. • Finance services • New York
as Issuer the GUARANTORS named herein FLOATING RATE FIRST LIEN A NOTES DUE [____] and FLOATING RATE FIRST LIEN B NOTES DUE [____] INDENTURE Dated as of [____]Indenture • July 11th, 2011 • Capmark Financial Group Inc. • Finance services • New York
INDENTURE dated as of [____] among Capmark Financial Group Inc., a Nevada corporation (the “Issuer”), the Guarantors (as defined herein), Wilmington Trust, National Association, a national banking association, as trustee, (the “Trustee”) and Wilmington Trust, National Association, a national banking association, as collateral agent (the “Collateral Agent”).
AMENDMENT NO. 2 TO THE CREDIT AGREEMENT Dated as of June 30, 2008Credit Agreement • July 3rd, 2008 • Capmark Financial Group Inc. • Finance services • New York
TERM FACILITY CREDIT AND GUARANTY AGREEMENT Dated as of May 29, 2009 Among CAPMARK FINANCIAL GROUP INC., as Borrower and THE GUARANTORS PARTY HERETO, and CITICORP NORTH AMERICA, INC., as Administrative Agent and CITIBANK, N.A., as Collateral Agent and...Term Facility Credit and Guaranty Agreement • June 4th, 2009 • Capmark Financial Group Inc. • Finance services • New York
TERM FACILITY CREDIT AND GUARANTY AGREEMENT (this “Agreement”) dated as of May 29, 2009 among CAPMARK FINANCIAL GROUP INC., a Nevada corporation (the “Borrower”), and each of the direct and indirect subsidiaries of the Borrower signatory hereto (each, a “Guarantor”, and, collectively, together with any person that becomes a Guarantor hereunder pursuant to Section 8.05, the “Guarantors”), the Initial Lenders (as hereinafter defined) and the other banks, financial institutions and other institutional lenders party hereto (each, a “Lender”, and collectively with the Initial Lenders and any other person that becomes a Lender hereunder pursuant to Section 9.07, the “Lenders”), CITICORP NORTH AMERICA, INC. (“CNAI”), as administrative agent (or any successor appointed pursuant to Article VII, the “Administrative Agent”) for the Lenders and the other Secured Parties (each as hereinafter defined), CITIBANK, N.A. (“Citibank”), as collateral agent (or any successor appointed pursuant to Article V
WAIVER NO. 3 TO THE CREDIT AGREEMENT Dated as of May 21, 2009Credit Agreement • May 28th, 2009 • Capmark Financial Group Inc. • Finance services • New York
WAIVER NO. 3 TO THE CREDIT AGREEMENT (this “Waiver”) among Capmark Financial Group Inc., a Nevada corporation (the “Company”), certain subsidiaries of the Company (together with the Company, the “Borrowers” and each a “Borrower”), the financial institutions and other institutional lenders party hereto, and Citibank, N.A., as administrative agent (the “Agent”) for the Lenders.
AMENDMENT NO. 3 AND WAIVER TO THE CREDIT AGREEMENT Dated as of May 29, 2009Credit Agreement • June 4th, 2009 • Capmark Financial Group Inc. • Finance services • New York
AMENDMENT NO. 3 AND WAIVER TO THE CREDIT AGREEMENT (this “Amendment”) among Capmark Financial Group Inc., a Nevada corporation (the “Company”), the subsidiary borrowers party thereto (together with the Company, the “Borrowers”), the financial institutions and other institutional lenders party hereto, and Citibank, N.A., as administrative agent (the “Agent”) for the Lenders.
WAIVER TO THE CREDIT AGREEMENT Dated as of April 20, 2009Credit Agreement • April 22nd, 2009 • Capmark Financial Group Inc. • Finance services • New York
WAIVER TO THE CREDIT AGREEMENT (this “Amendment”) among Capmark Financial Group Inc., a Nevada corporation (the “Company”), certain subsidiaries of the Company (together with the Company, the “Borrowers” and each a “Borrower”), the financial institutions and other institutional lenders party hereto, and Citibank, N.A., as administrative agent (the “Agent”) for the Lenders.
June 1, 2009 Mr. Jay N. Levine [redacted] Dear Jay:Letter Agreement • June 1st, 2009 • Capmark Financial Group Inc. • Finance services
As you are aware, in connection with your employment with Capmark Financial Group Inc. (the “Company”) you entered into a letter agreement, dated December 18, 2008 (the “Letter Agreement”), which sets forth the terms and conditions of such employment, including the right to receive a base salary at an annual rate equal to $5,000,000, so long as you are employed pursuant to the terms of the Letter Agreement.
Transfer AgreementTransfer Agreement • November 10th, 2008 • Capmark Financial Group Inc. • Finance services
This Transfer Agreement ("Transfer Agreement") is made November 7, 2008, by and between Capmark Financial Group Inc. ("Capmark") and D. Steven Lin ("Transferor"). All capitalized terms used herein but not defined will have the meanings set forth in Capmark's October 30, 2008 letter to Transferor.
SECURITY AGREEMENTSecurity Agreement • June 4th, 2009 • Capmark Financial Group Inc. • Finance services • New York
SECURITY AGREEMENT, dated May 29, 2009 made by CAPMARK FINANCIAL GROUP INC., a Nevada corporation (the “Borrower”), and the other Persons listed on the signature pages hereof (the Borrower and the Persons so listed being, collectively, the “Grantors”), to CITIBANK, N.A., as collateral agent (together with any successor collateral agent appointed pursuant to Article VII of the Credit Agreement (as defined below), the “Collateral Agent”) for the Secured Parties (as defined in the Credit Agreement).
CAPMARK AB NO. 2 LIMITED as Borrower -and- NATIXIS, LONDON BRANCH as Original Lender -and- CAPMARK FINANCIAL GROUP INC. as Guarantor -and- NATIXIS, LONDON BRANCH as Agent -and- THE BANK OF NEW YORK as Security TrusteeRevolving Credit Agreement • April 4th, 2008 • Capmark Financial Group Inc. • Finance services
AMENDMENT NO. 9 AND WAIVER TO THE BRIDGE LOAN AGREEMENT Dated as of May 29, 2009Bridge Loan Agreement • June 4th, 2009 • Capmark Financial Group Inc. • Finance services • New York
AMENDMENT NO. 9 AND WAIVER TO THE BRIDGE LOAN AGREEMENT (this “Amendment”) among Capmark Financial Group Inc., a Nevada corporation (the “Company”), the financial institutions and other institutional lenders party hereto, and Citicorp North America, Inc. (“CNAI”), as administrative agent (the “Agent”) for the Lenders.
AMENDMENT NO. 3 TO THE BRIDGE LOAN AGREEMENT Dated as of March 23, 2009Bridge Loan Agreement • March 25th, 2009 • Capmark Financial Group Inc. • Finance services • New York
AMENDMENT NO. 3 TO THE BRIDGE LOAN AGREEMENT (this “Amendment”) among Capmark Financial Group Inc., a Nevada corporation (the “Company”), the financial institutions and other institutional lenders party hereto, and Citicorp North America, Inc., as administrative agent (the “Agent”) for the Lenders.
PRIVILEGED AND CONFIDENTIAL Execution CopyEmployment Agreement • December 23rd, 2008 • Capmark Financial Group Inc. • Finance services • New York
We are all extremely pleased that you have agreed to accept the position of President and Chief Executive Officer (“CEO”) of Capmark Financial Group Inc. (the “Company”), effective December 4, 2008, (the “Commencement Date”), in accordance with the terms and conditions of this letter (the “Letter Agreement”), which shall govern your employment with the Company.
AMENDMENT NO. 5 TO THE BRIDGE LOAN AGREEMENT Dated as of April 9, 2009Bridge Loan Agreement • April 10th, 2009 • Capmark Financial Group Inc. • Finance services • New York
AMENDMENT NO. 5 TO THE BRIDGE LOAN AGREEMENT (this “Amendment”) among Capmark Financial Group Inc., a Nevada corporation (the “Company”), the financial institutions and other institutional lenders party hereto, and Citicorp North America, Inc., as administrative agent (the “Agent”) for the Lenders.
December 4, 2008 William F. Aldinger III [redacted] Re: Separation Agreement Dear Bill:Separation Agreement • December 10th, 2008 • Capmark Financial Group Inc. • Finance services • New York
This letter (the “Letter Agreement”) will confirm our agreement regarding your separation from service with Capmark Financial Group Inc. (together with its subsidiaries and affiliates, “Capmark”). Effective as of December 4, 2008 (the “Termination Date”), you will resign from your employment with Capmark and from any officer and director positions you may hold with Capmark, including, without limitation, all positions on the Board of Directors of Capmark (the “Board”) and any committees thereof.
WAIVER NO. 2 TO THE CREDIT AGREEMENT Dated as of May 8, 2009Waiver to the Credit Agreement • May 12th, 2009 • Capmark Financial Group Inc. • Finance services • New York
WAIVER NO. 2 TO THE CREDIT AGREEMENT (this “Waiver”) among Capmark Financial Group Inc., a Nevada corporation (the “Company”), certain subsidiaries of the Company (together with the Company, the “Borrowers” and each a “Borrower”), the financial institutions and other institutional lenders party hereto, and Citibank, N.A., as administrative agent (the “Agent”) for the Lenders.
CONSULTING AGREEMENTConsulting Agreement • April 24th, 2009 • Capmark Financial Group Inc. • Finance services • Pennsylvania
This CONSULTING AGREEMENT (“Agreement”) is entered into as of the 24th day of April, 2009 (the “Effective Date”) between Capmark Finance Inc. (“Company”) and Barry S. Gersten (“Consultant”).
AMENDMENT NO. 4 TO THE BRIDGE LOAN AGREEMENT Dated as of March 24, 2009Bridge Loan Agreement • March 25th, 2009 • Capmark Financial Group Inc. • Finance services • New York
AMENDMENT NO. 4 TO THE BRIDGE LOAN AGREEMENT (this “Amendment”) among Capmark Financial Group Inc., a Nevada corporation (the “Company”), the financial institutions and other institutional lenders party hereto, and Citicorp North America, Inc., as administrative agent (the “Agent”) for the Lenders.
