COMMON STOCKUnderwriting Agreement • June 9th, 2005 • Franklin Credit Management Corp/De/ • Finance services • New Jersey
LEASELease • July 29th, 2005 • Franklin Credit Management Corp/De/ • Finance services
RECITALSEmployment Agreement • June 9th, 2005 • Franklin Credit Management Corp/De/ • Finance services • New York
RECITALSEmployment Agreement • April 2nd, 2001 • Franklin Credit Management Corp/De/ • Finance services • New York
Exhibit 10.8 MODIFICATION AGREEMENT This Modification Agreement is entered into this 19th day of March, 2003 by and between Sky Bank, f/k/a The Citizens Banking Company, hereinafter referred to as "Sky", and Franklin Credit Management Corporation,...Modification Agreement • June 9th, 2005 • Franklin Credit Management Corp/De/ • Finance services
This Modification Agreement is entered into this 19th day of March, 2003 by and between Sky Bank, f/k/a The Citizens Banking Company, hereinafter referred to as "Sky", and Franklin Credit Management Corporation, hereinafter referred to as "Franklin", for the purpose of modifying that certain agreement previously entered into by and between the parties, dated March 20, 1997 and the subsequent modifications and/or addendums to such agreement, dated December 1, 1998, April 1, 2000 and December 14, 2001 copies of which are attached hereto. The agreement, and all prior modifications or addendums are hereinafter referred to as the "Agreement".
RECITALSEmployment Agreement • April 8th, 2005 • Franklin Credit Management Corp/De/ • Finance services • New York
Exhibit 10.10 REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement is made effective as of October 4, 2004, by and between Franklin Credit Management Corporation, a Delaware corporation (the "Company"), and Jeffrey R. Johnson, a New York...Registration Rights Agreement • April 8th, 2005 • Franklin Credit Management Corp/De/ • Finance services • Delaware
Exhibit 10.11 FRANKLIN CREDIT MANAGEMENT CORPORATION RESTRICTED STOCK GRANT AGREEMENT THIS AGREEMENT, made as of the 4th day of November 2004, between Franklin Credit Management Corporation (the "Company") and Jeffrey R. Johnson (the "Participant").l...Restricted Stock Grant Agreement • April 8th, 2005 • Franklin Credit Management Corp/De/ • Finance services • Delaware
EXHIBIT K LOAN PURCHASE AGREEMENTLoan Purchase Agreement • March 30th, 2000 • Franklin Credit Management Corp/De/ • Finance services • New York
COMMON STOCKUnderwriting Agreement • July 20th, 2005 • Franklin Credit Management Corp/De/ • Finance services • New York
Exhibit 10.1 ------------------------------------------------------------------- MASTER CREDIT AND SECURITY AGREEMENTMaster Credit and Security Agreement • June 9th, 2005 • Franklin Credit Management Corp/De/ • Finance services • Ohio
GUARANTYGuaranty • December 24th, 2008 • Franklin Credit Management Corp/De/ • Finance services • Ohio
This GUARANTY (this “Guaranty”), dated as of December 19, 2008 (the “Effective Date”), is made by FRANKLIN CREDIT HOLDING CORPORATION, a Delaware corporation (“Holding” or the “Guarantor”), in favor of THE HUNTINGTON NATIONAL BANK, a national banking association (the “Lender”).
RECITALSPurchase Agreement • May 16th, 2005 • Franklin Credit Management Corp/De/ • Finance services • New York
BANK ONE, N.A. Seller, and Franklin Credit Management Corporation PurchaserMortgage Loan Purchase and Sale Agreement • July 16th, 2004 • Franklin Credit Management Corp/De/ • Finance services • Illinois
GUARANTYGuaranty • August 3rd, 2012 • Franklin Credit Holding Corp/De/ • Finance services • New Jersey
This is a guaranty of payment dated August 2, 2012 given by the undersigned, Thomas J. Axon, who has an address at 6 Harrison Street, Fifth Floor, New York, New York (the “Guarantor”) in favor of Franklin Credit Holding Corporation which has an address at 101 Hudson Street, Jersey City, New Jersey (“Franklin Holding”).
THE HUNTINGTON NATIONAL BANK Amended and Restated Promissory Note (A Note)Promissory Note • January 4th, 2008 • Franklin Credit Management Corp/De/ • Finance services • Ohio
WHEREAS, each of the borrowers set forth on Schedule 1 attached to the Forbearance Agreement (as defined below) (individually a “Borrower” and collectively, “Borrowers”) has executed and delivered that certain Forbearance Agreement and Amendment to Credit Agreements, dated as of the Effective Date, by and among Franklin Credit Management Corporation (“FCMC”), Borrowers, and The Huntington National Bank, successor by merger to Sky Bank (“Bank”), (the “Forbearance Agreement”), and Borrowers and Bank desire to amend and restate the original notes as set forth on Schedule 2 to the Forbearance Agreement (the “Original Notes”); and
LOAN SERVICING AGREEMENT by and between BOSCO CREDIT II, LLC as the Owner, and FRANKLIN CREDIT MANAGEMENT CORPORATION as the Servicer dated and made effective as of September 22, 2010Loan Servicing Agreement • September 23rd, 2010 • Franklin Credit Holding Corp/De/ • Finance services • New York
This Loan Servicing Agreement (the “Agreement”), dated and effective as of September 22, 2010, is by and between BOSCO CREDIT II, LLC, a Delaware limited liability company (“Owner”), and Franklin Credit Management Corporation, a Delaware corporation (“Servicer”).
MASTER CREDIT AND SECURITY AGREEMENT among BOS (USA) INC. and TRIBECA LENDING CORP. and THOSE SUBSIDIARIES LISTED ON THE SIGNATURE PAGE HERETO Dated as of March 24, 2006Master Credit and Security Agreement • April 25th, 2006 • Franklin Credit Management Corp/De/ • Finance services • New York
This Note shall be for a term of Thirty Six (36) months. Beginning __________________, 2006, and on the first day of each month thereafter, there shall be due and payable equal monthly principal and interests payments of ___________________________________________________AND _____/100 DOLLARS ($________________), calculated based upon a fully amortizing level payment 240 month amortization schedule, provided, however, Bank reserves the right to adjust the monthly payment amount from time to time based upon changes in the interest rate hereon if, as the result of such interest rate change, "negative amortization" will occur (i.e. the amount of the scheduled principal and interest payment will not be sufficient to pay accrued and unpaid interest). The entire unpaid principal amount outstanding under this Note shall be payable on the three-year anniversary of the date hereof.
LIMITED RECOURSE GUARANTYLimited Recourse Guaranty • April 6th, 2009 • Franklin Credit Holding Corp/De/ • Finance services • Ohio
This LIMITED RECOURSE GUARANTY (this “Guaranty”), dated as of March 31, 2009 (the “Effective Date”), is made by FRANKLIN CREDIT HOLDING CORPORATION, a Delaware corporation (“Holding” or the “Guarantor”), in favor of THE HUNTINGTON NATIONAL BANK, a national banking association, as Administrative Agent for the Lenders (as those terms are defined below).
LOAN ID SELLER LOAN ID BORROWER STREET CITY STATE ZIP *** *** *** *** CELEBRATION FL *** *** *** *** *** WOODBRIDGE VA *** *** *** *** *** LAS VEGAS NV *** *** *** *** *** JAMAICA NY *** *** *** *** *** MIDWEST CITY OK *** *** *** *** *** ROCHESTER NY...Terms Agreement • February 10th, 2012 • Franklin Credit Holding Corp/De/ • Finance services • Santa Ana
AMENDMENT NO. 7 TO FIRST AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENTSForbearance Agreement and Amendment to Credit Agreements • January 11th, 2011 • Franklin Credit Holding Corp/De/ • Finance services • Ohio
THIS AMENDMENT NO. 7 TO FIRST AMENDED AND RESTATED FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENTS (this “Amendment”), is dated January 7, 2011 and effective as of the 31st day of December, 2010 (the “Amendment Effective Date”), by and among FRANKLIN CREDIT ASSET CORPORATION (“Franklin Asset”), FRANKLIN CREDIT HOLDING CORPORATION (“Holding”), Flow 2006 F CORP., FCMC 2006 M CORP., FCMC 2006 K CORP. and THE HUNTINGTON NATIONAL BANK (“Lender”). This Amendment further amends and modifies a certain First Amended and Restated Forbearance Agreement and Amendment to Credit Agreements, dated as of December 19, 2008 (as amended, restated, supplemented or otherwise modified from time to time prior to the Amendment Effective Date, the “Forbearance Agreement”) by and among the parties hereto and certain other parties to such Forbearance Agreement. All capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Forbearance
AMENDED AND RESTATED CREDIT AGREEMENT (LICENSING) Dated as of March 31, 2009 among FRANKLIN CREDIT MANAGEMENT CORPORATION, and FRANKLIN CREDIT HOLDING CORPORATION as Borrowers, THE FINANCIAL INSTITUTIONS PARTY HERETO AS LENDERS, as Lenders, and THE...Credit Agreement • April 6th, 2009 • Franklin Credit Holding Corp/De/ • Finance services • Ohio
THIS AMENDED AND RESTATED CREDIT AGREEMENT (LICENSING), dated as of March 31, 2009 (as the same may be amended, supplemented, or otherwise modified and in effect from time to time in accordance with the terms hereof, this “Agreement”) is entered into by and among FRANKLIN CREDIT MANAGEMENT CORPORATION, a Delaware Corporation, and FRANKLIN CREDIT HOLDING CORPORATION, a Delaware corporation (each, a “Borrower” and collectively “Borrowers”), THE FINANCIAL INSTITUTIONS PARTY HERETO AS LENDERS (each, a “Lender” and collectively, the “Lenders”) and THE HUNTINGTON NATIONAL BANK, a national banking association (“Huntington”), as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent”) and as Issuing Bank for certain Letters of Credit.
SECURITY AGREEMENTSecurity Agreement • December 24th, 2008 • Franklin Credit Management Corp/De/ • Finance services • Ohio
THIS SECURITY AGREEMENT, dated as of December 19, 2008 (this “Agreement”), is entered into by TRIBECA LENDING TRUST SERIES I, a Delaware statutory trust (the “Grantor”), and is in favor of THE HUNTINGTON NATIONAL BANK (“Lender”).
AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENT (LICENSING)Credit Agreement • September 23rd, 2010 • Franklin Credit Holding Corp/De/ • Finance services • Ohio
THIS AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENT (LICENSING) (this “Amendment”) is entered into as of September 22, 2010 (the “Amendment Effective Date”), by and among FRANKLIN CREDIT MANAGEMENT CORPORATION, a Delaware Corporation, and FRANKLIN CREDIT HOLDING CORPORATION, a Delaware corporation (each, a “Borrower” and collectively “Borrowers”), THE FINANCIAL INSTITUTIONS PARTY HERETO AS LENDERS (each, a “Lender” and collectively, the “Lenders”) and THE HUNTINGTON NATIONAL BANK, a national banking association (“Huntington”), as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent”). This Amendment further amends and modifies a certain Amended and Restated Credit Agreement (Licensing) dated as of March 31, 2009 (as amended, supplemented, restated or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”) by and among Borrowers, the Lenders, the Administrativ
Franklin Credit Holding Corporation Employee Restricted Stock Grant AgreementEmployee Restricted Stock Grant Agreement • May 17th, 2010 • Franklin Credit Holding Corp/De/ • Finance services • Delaware
THIS AGREEMENT, made as of January 11, 2010, between Franklin Credit Holding Corporation (the “Company”) and Jimmy Yan (the “Participant”).
LOAN SERVICING AGREEMENT by and among VANTIUM CAPITAL MARKETS, L.P., as an Owner VANTIUM REO CAPITAL MARKETS, L.P. as an Owner, and FRANKLIN CREDIT MANAGEMENT CORPORATION as the Servicer dated as of July 1, 2010Loan Servicing Agreement • September 20th, 2010 • Franklin Credit Holding Corp/De/ • Finance services • New York
This Loan Servicing Agreement (the “Agreement”), dated and effective as of July 1, 2010, is by and among Vantium Capital Markets, L.P. (“VCM”), Vantium REO Capital Markets, L.P. (“VCMR”; together with VCM, the “Owners” and each individually, the “Owner”), and Franklin Credit Management Corporation (“Servicer”).
AMENDED AND RESTATED CREDIT AGREEMENT (LICENSING)Credit Agreement • June 5th, 2012 • Franklin Credit Holding Corp/De/ • Finance services • Ohio
THIS AMENDMENT NO. 5 TO AMENDED AND RESTATED CREDIT AGREEMENT (LICENSING) (this "Amendment") is entered into as of June __, 2012 (the "Amendment Effective Date"), by and among FRANKLIN CREDIT MANAGEMENT CORPORATION, a Delaware Corporation ("FCMC"), and FRANKLIN CREDIT HOLDING CORPORATION, a Delaware corporation ("FCHC" and together with FCMC, each, a "Borrower" and collectively, the "Borrowers"), THE FINANCIAL INSTITUTIONS PARTY HERETO AS LENDERS (each, a "Lender" and collectively, the "Lenders"), THE HUNTINGTON NATIONAL BANK, a national banking association ("Huntington"), as administrative agent (in such capacity, together with its successors and assigns in such capacity, the "Administrative Agent") for the benefit of the Lenders and the Issuing Bank (as defined in the Credit Agreement (Licensing) referred to below). This Amendment further amends and modifies a certain Amended and Restated Credit Agreement (Licensing) dated as of March 31, 2009, as amended, supplemented, restated or o
FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENTSForbearance Agreement and Amendment to Credit Agreements • January 4th, 2008 • Franklin Credit Management Corp/De/ • Finance services • Ohio
THIS FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENTS (this “Agreement”) is entered into as of the 28th day of December, 2007, (the “Forbearance Effective Date”) by and among THE BORROWERS listed on Schedule 1 hereto (each, a “Borrower” and collectively, the “Borrowers”), FRANKLIN CREDIT MANAGEMENT CORPORATION, a Delaware corporation, in its capacity as a borrower under the Franklin Warehousing Agreement and Franklin Term Loan Agreement (each as defined below),as account party for certain letters of credit, as Guarantor hereunder and as servicer (“FCMC” or “Guarantor”), and THE HUNTINGTON NATIONAL BANK (“Huntington” or “Lender”).
AMENDMENT NO. 4 TO AMENDED AND RESTATED CREDIT AGREEMENT (LICENSING)Credit Agreement • May 27th, 2011 • Franklin Credit Holding Corp/De/ • Finance services • Ohio
THIS AMENDMENT NO. 4 TO AMENDED AND RESTATED CREDIT AGREEMENT (LICENSING) (this “Amendment”) is entered into as of May 23, 2011 (the “Amendment Effective Date”), by and among FRANKLIN CREDIT MANAGEMENT CORPORATION, a Delaware Corporation, and FRANKLIN CREDIT HOLDING CORPORATION, a Delaware corporation (each, a “Borrower” and collectively “Borrowers”), THE FINANCIAL INSTITUTIONS PARTY HERETO AS LENDERS (each, a “Lender” and collectively, the “Lenders”) and THE HUNTINGTON NATIONAL BANK, a national banking association (“Huntington”), as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent”). This Amendment further amends and modifies a certain Amended and Restated Credit Agreement (Licensing) dated as of March 31, 2009 (as amended, supplemented, restated or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”) by and among Borrowers, the Lenders, the Administrative Agen
AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENT (LICENSING)Credit Agreement • March 31st, 2010 • Franklin Credit Holding Corp/De/ • Finance services • Ohio
THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENT (LICENSING) (this “Amendment”) is entered into as of March 26, 2010 (the “Amendment Effective Date”), by and among FRANKLIN CREDIT MANAGEMENT CORPORATION, a Delaware Corporation, and FRANKLIN CREDIT HOLDING CORPORATION, a Delaware corporation (each, a “Borrower” and collectively “Borrowers”), THE FINANCIAL INSTITUTIONS PARTY HERETO AS LENDERS (each, a “Lender” and collectively, the “Lenders”) and THE HUNTINGTON NATIONAL BANK, a national banking association (“Huntington”), as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent”). This Amendment amends and modifies a certain Amended and Restated Credit Agreement (Licensing) dated as of March 31, 2009 (as amended, supplemented, restated or otherwise modified from time to time, the “Credit Agreement”) by and among Borrowers, the Lenders, the Administrative Agent and Issuing Bank. Capitalized
FIRST AMENDED AND RESTATED TRIBECA FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENTSForbearance Agreement • December 24th, 2008 • Franklin Credit Management Corp/De/ • Finance services • Ohio
THIS FIRST AMENDED AND RESTATED TRIBECA FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENTS (this “Agreement”) is entered into as of the 19th day of December 2008, (the “Forbearance Effective Date”) by and among THE BORROWERS listed on Schedule 1 hereto (each, a “Borrower” and collectively, the “Borrowers”), including without limitation, TRIBECA LENDING CORP., a New York corporation, in its individual capacity (“Tribeca”), and FRANKLIN CREDIT MANAGEMENT CORPORATION, a Delaware corporation, in its capacity as a Guarantor and as servicer (“FCMC”), FRANKLIN CREDIT HOLDING CORPORATION (“Holding”), a Delaware corporation, in its capacity as a Guarantor, and THE HUNTINGTON NATIONAL BANK (“Huntington” or “Lender”).
EXHIBIT 10.5 TERM LOAN AND SECURITY AGREEMENT LOAN AGREEMENT, dated as of _____________, between ____________, a ____________, (the "Borrower") and Sky Bank (the "Bank"). The Borrower is the owner of certain Promissory Notes, (hereinafter collectively...Term Loan and Security Agreement • April 8th, 2005 • Franklin Credit Management Corp/De/ • Finance services • Ohio
LIQUIDATION MANAGER AGREEMENT BETWEEN FRANKLIN CREDIT HOLDING CORPORATION AND DATED AS OF ________________, _____, 2012Liquidation Manager Agreement • June 5th, 2012 • Franklin Credit Holding Corp/De/ • Finance services • New Jersey
This Liquidation Manager Agreement (this “Agreement”) is made this ____________th day of ______________________, 2012, by and among Franklin Credit Holding Corporation (the “Debtor”), and _________ (the “Liquidation Manager,” and together with the Debtor, the “Parties”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Prepackaged Plan of Reorganization of Franklin Credit Holding Corporation, dated May __, 2012, (either in its present form or as it may be altered, amended, modified or supplemented from time to time the “Plan”).
SECOND AMENDMENT TO LOAN SERVICING AGREEMENTLoan Servicing Agreement • November 16th, 2009 • Franklin Credit Holding Corp/De/ • Finance services • New York
LIQUIDATION MANAGER AGREEMENTLiquidation Manager Agreement • August 3rd, 2012 • Franklin Credit Holding Corp/De/ • Finance services • New Jersey
This Liquidation Manager Agreement (this “Agreement”) is made this 2nd day of August, 2012, by and among Franklin Credit Holding Corporation (the “Debtor”), and Kevin Gildea (the “Liquidation Manager,” and together with the Debtor, the “Parties”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the First Amended Prepackaged Plan of Reorganization of Franklin Credit Holding Corporation, dated July 3, 2012 (as amended by the Confirmation Order (as defined below) or as it may be further altered, amended, modified or supplemented from time to time the “Amended Plan”).
