FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 15th, 2009 • LEAF Equipment Leasing Income Fund III, L.P. • Services-miscellaneous equipment rental & leasing
This First Amendment (this “Amendment”) to the Loan and Security Agreement referenced below is entered into as of February 23, 2009, among LEAF III B SPE, LLC, a Delaware limited liability company, as Borrower (the “Borrower”), the Lenders party thereto (the “Lenders”), U.S. BANK NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States, as paying agent (together with its successors and assigns in such capacity, the “Paying Agent”), KEY EQUIPMENT FINANCE INC., a Michigan corporation (“KEF”), as facility agent and collateral agent (together with its permitted successors in such capacities, the “Facility Agent” and the “Collateral Agent”) and the REQUIRED LENDERS.
FORBEARANCE AND RESERVATION OF RIGHTSForbearance and Reservation of Rights • May 15th, 2009 • LEAF Equipment Leasing Income Fund III, L.P. • Services-miscellaneous equipment rental & leasing • New York
This FORBEARANCE AND RESERVATION OF RIGHTS (this “Forbearance”), dated as of May 14, 2009, is entered into by and among LEAF CAPITAL FUNDING III, LLC (the “Borrower”), LEAF FINANCIAL CORPORATION (the “Servicer”), MORGAN STANLEY BANK, N.A. (f/k/a Morgan Stanley Bank) (“Morgan Stanley”), as a Class A Lender and Collateral Agent, MORGAN STANLEY ASSET FUNDING INC. (“Morgan Stanley AFI”), as a Class B Lender, THE ROYAL BANK OF SCOTLAND PLC (“RBS”), as a Class A Lender and as a Class B Lender (the Class A Lenders and the Class B Lenders shall be collectively referred to herein as the “Lenders”) and MORGAN STANLEY CAPITAL SERVICES INC. (the “Qualifying Swap Counterparty”).
