AMENDED AND RESTATED TRUST AGREEMENT among NEW CENTURY FINANCIAL CORPORATION, as Depositor WELLS FARGO BANK, N.A., as Property Trustee WELLS FARGO DELAWARE TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as...Trust Agreement • November 9th, 2006 • New Century Financial Corp • Real estate investment trusts • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 13, 2006 (as further defined in Section 1.1, this “Trust Agreement”), among (i) New Century Financial Corporation, a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wells Fargo Bank, N.A., a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Wells Fargo Delaware Trust Company, a Delaware corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), and (iv) Brad A. Morrice, an individual, and Patti M. Dodge, an individual, each of whose address is c/o New Century Financial Corporation, 18400 Von Karman, Suite 1000, Irvine, California 92612, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”).
JUNIOR SUBORDINATED INDENTURE between NEW CENTURY FINANCIAL CORPORATION and WELLS FARGO BANK, N.A., as Trustee Dated as of September 13, 2006New Century Financial Corp • November 9th, 2006 • Real estate investment trusts • New York
This JUNIOR SUBORDINATED INDENTURE (as further defined in Section 1.1, this “Indenture”), dated as of September 13, 2006, is between NEW CENTURY FINANCIAL CORPORATION, a Maryland corporation (the “Company”), and WELLS FARGO BANK, N.A., as Trustee (in such capacity, the “Trustee”).
AMENDMENT NUMBER ONE to the Amended and Restated Guaranty Dated as of October 1, 2004 by and between NEW CENTURY FINANCIAL CORPORATION and CITIGROUP GLOBAL MARKETS REALTY CORP.New Century Financial Corp • November 9th, 2006 • Real estate investment trusts • New York
This AMENDMENT NUMBER ONE is made this 24th day of August, 2006 (“Amendment Number One”), by and between NEW CENTURY FINANCIAL CORPORATION, a Maryland corporation (the “Guarantor”) and CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation (the “Lender”), to the Amended and Restated Guaranty, dated as of October 1, 2004 by the Guarantor in favor of the Lender, as amended (the “Guaranty”).
AMENDMENT NO. 6 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • November 9th, 2006 • New Century Financial Corp • Real estate investment trusts • New York
Amendment No. 6, dated as of September 18, 2006 (this “Amendment”), among CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC (“Buyer”), NEW CENTURY MORTGAGE CORPORATION, NC CAPITAL CORPORATION, NC ASSET HOLDING, L.P., NEW CENTURY CREDIT CORPORATION, LOAN PARTNERS MORTGAGE, LTD., KINGSTON MORTGAGE COMPANY, LTD., COMPUFUND MORTGAGE COMPANY, LTD, WRT FINANCIAL LIMITED PARTNERSHIP, PEACHTREE RESIDENTIAL MORTGAGE, L.P., RESIDENTIAL PRIME LENDING LIMITED PARTNERSHIP, TEAM HOME LENDING, LTD., SUTTER BUTTES MORTGAGE, L.P., MIDWEST HOME MORTGAGE LTD, AUSTIN MORTGAGE, L.P., CAPITAL PACIFIC HOME LOANS, L.P., GOLDEN OAK MORTGAGE, L.P., SCFINANCE LP, AD ASTRA MORTGAGE, LTD, HOME123 CORPORATION AND NEW CENTURY MORTGAGE VENTURES, LLC (each a “Seller” and, collectively, the “Sellers”) and NEW CENTURY FINANCIAL CORPORATION, the (“Guarantor”).
AMENDMENT NO. 1 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • November 9th, 2006 • New Century Financial Corp • Real estate investment trusts • New York
Amendment No. 1, dated as of October 25, 2006 (this “Amendment”), between Goldman Sachs Mortgage Company, as buyer (the “Buyer”), New Century Warehouse Corporation, as a seller (a “Seller”), New Century Mortgage Corporation, as a seller (a “Seller” and, together with New Century Warehouse Corporation, the “Sellers”) and New Century Financial Corporation, as guarantor (the “Guarantor”).
AMENDMENT NO. 1 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • November 9th, 2006 • New Century Financial Corp • Real estate investment trusts • New York
WHEREAS, the Sellers and the Buyers are parties to a certain Master Repurchase Agreement dated as of April 17, 2006 (the “Existing Agreement”; and as amended by this Amendment, the “Loan and Security Agreement”); and
PREFERRED SECURITIES PURCHASE AGREEMENT by and among NEW CENTURY FINANCIAL CORPORATION, NEW CENTURY CAPITAL TRUST I and KODIAK WAREHOUSE LLC Dated as of September 13, 2006Preferred Securities Purchase Agreement • November 9th, 2006 • New Century Financial Corp • Real estate investment trusts • New York
This PREFERRED SECURITIES PURCHASE AGREEMENT, dated as of September 13, 2006 (this “Purchase Agreement”), is entered into by and among New Century Financial Corporation, a Maryland corporation (the “Company”), and New Century Capital Trust I, a Delaware statutory trust (the “Trust”, and together with the Company, the “Sellers”), on the one hand, and Kodiak Warehouse LLC, a Delaware limited liability company (the “Purchaser”), on the other hand.
Attention: Mr. Raymond Sullivan Re: Fourth Amended Master Repurchase Agreement, dated as of October 11, 2005, as amended by Amendment No. 1, dated as of August 10, 2006, as further amended, modified and supplemented from time to time (the “Repurchase...New Century Financial Corp • November 9th, 2006 • Real estate investment trusts • New York
The Termination Date, as defined in the Repurchase Agreement, is October 10, 2006, unless otherwise extended pursuant to Section 3(m) of the Repurchase Agreement, and the Seller has requested that the Buyer extend the Termination Date.
AMENDMENT NO. 1 TO FOURTH AMENDED AND RESTATED MASTER REPURCHASE AGREEMENTRepurchase Agreement • November 9th, 2006 • New Century Financial Corp • Real estate investment trusts • New York
AMENDMENT NO. 1 (this “Amendment”), dated as of August 10, 2006, by and among IXIS Real Estate Capital Inc., a New York corporation, having an address at 9 West 57th Street, 36th Floor, New York, New York 10019 (the “Buyer”), New Century Mortgage Corporation, a California corporation, having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“NCMC”), NC Asset Holding, L.P., a Delaware limited partnership (as successor to NC Residual II Corporation), having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“NCAH”), NC Capital Corporation, a California corporation, having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“NCCC”), New Century Credit Corporation, a California corporation, having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“New Century”) and Home123 corporation, a California corporation, having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“Home123”, and together wit
AMENDMENT NUMBER THREE to the Master Repurchase Agreement dated as of September 2, 2005, among BANK OF AMERICA, N.A., as Buyer and NEW CENTURY MORTGAGE CORPORATION, HOME123 CORPORATION, NEW CENTURY CREDIT CORPORATION and NC CAPITAL CORPORATION, as...Master Repurchase Agreement • November 9th, 2006 • New Century Financial Corp • Real estate investment trusts • New York
This AMENDMENT NUMBER THREE TO THE MASTER REPURCHASE AGREEMENT (this “Amendment”), dated as of August 31, 2006 (the “Effective Date”) is entered into among NEW CENTURY MORTGAGE CORPORATION, HOME123 CORPORATION, NEW CENTURY CREDIT CORPORATION and NC CAPITAL CORPORATION (the “Sellers”), NEW CENTURY FINANCIAL CORPORATION (the “Guarantor”) and BANK OF AMERICA, N.A. (the “Buyer”).
AMENDMENT NUMBER FOUR to the Servicer Advance Financing Facility Agreement Dated as of August 28, 2003 by and between NEW CENTURY MORTGAGE CORPORATION and CITIGROUP GLOBAL MARKETS REALTY CORP.Servicer Advance Financing Facility Agreement • November 9th, 2006 • New Century Financial Corp • Real estate investment trusts • New York
This AMENDMENT NUMBER FOUR is made this 24th day of August, 2006 (“Amendment Number Four”), by and between NEW CENTURY MORTGAGE CORPORATION, a California corporation (the “Borrower”) and CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation (the “Lender”), to the Servicer Advance Financing Facility Agreement, dated as of August 28, 2003 by and between the Borrower and the Lender, as amended (the “Agreement”).
AMENDMENT NO. 5 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • November 9th, 2006 • New Century Financial Corp • Real estate investment trusts • New York
AMENDMENT NO. 5, dated as of November 2, 2006 (this “Amendment”), to that certain Master Repurchase Agreement, dated as of December 12, 2005 (as previously amended, restated, supplemented or otherwise modified, the “Existing Repurchase Agreement”; as modified hereby and as further amended, restated, supplemented or otherwise modified and in effect from time to time, the “Repurchase Agreement”), by and among NC CAPITAL CORPORATION, NEW CENTURY MORTGAGE CORPORATION, NC ASSET HOLDING, L.P. (successor by conversion to NC Residual II Corporation), HOME123 CORPORATION and NEW CENTURY CREDIT CORPORATION (collectively, the “Sellers”, each, a “Seller”), MORGAN STANLEY BANK (“MSB”) and MORGAN STANLEY MORTGAGE CAPITAL INC. (“MSMCI”, together with MSB, collectively, the “Buyers”, each, a “Buyer”, and as the agent for the Buyers, in such capacity, the “Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Existing Repurchase Agreement. Unless
