GUARANTYGuaranty • January 4th, 2008 • Franklin Credit Management Corp/De/ • Finance services • Ohio
This GUARANTY (this “Guaranty”), dated as of December 28, 2007 (the “Effective Date”), is made by FRANKLIN CREDIT MANAGEMENT CORPORATION, a Delaware corporation (“FCMC” or the “Guarantor”), in favor of THE HUNTINGTON NATIONAL BANK, a national banking association (the “Lender”).
THE HUNTINGTON NATIONAL BANK Amended and Restated Promissory Note (A Note)Franklin Credit Management Corp/De/ • January 4th, 2008 • 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
SECURITY AGREEMENTSecurity Agreement • January 4th, 2008 • Franklin Credit Management Corp/De/ • Finance services • Ohio
THIS SECURITY AGREEMENT, dated as of December 28, 2007 (this “Agreement”), is entered into by Tribeca Lending Corp., a New York corporation (the “Borrower”), and each of the entities listed on the signature pages hereof as loan parties or that becomes a party hereto pursuant to Section 7.10 in favor of THE HUNTINGTON NATIONAL BANK (“Lender”), successor by merger to Sky Bank.
FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENTSForbearance Agreement • 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”).
January 3, 2008 Alexander Gordon Jardin Chief Executive Officer Franklin Credit Management CorporationFranklin Credit Management Corp/De/ • January 4th, 2008 • Finance services
THE HUNTINGTON NATIONAL BANK Amended and Restated Promissory Note (D Note)Franklin Credit Management Corp/De/ • January 4th, 2008 • 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
TRIBECA FORBEARANCE AGREEMENT AND AMENDMENT TO CREDIT AGREEMENTSTribeca Forbearance Agreement • January 4th, 2008 • Franklin Credit Management Corp/De/ • Finance services • Ohio
THIS TRIBECA 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”), 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 Guarantor hereunder and in its capacity as servicer (“FCMC” or “Guarantor”), and THE HUNTINGTON NATIONAL BANK (“Huntington” or “Lender”).
