FIFTH FORBEARANCE AND AMENDMENT AGREEMENTCredit Agreement • November 1st, 2010 • United Western Bancorp Inc • State commercial banks • Colorado
This Fifth Forbearance and Amendment Agreement (this “Agreement”) is made and entered into October 29, 2010 by and between JPMorgan Chase Bank, N.A. ( “Lender”), United Western Bancorp, Inc. (“Borrower”), and Equi-Mor Holdings, Inc. ( “Pledgor”).
AMENDMENT NUMBER 1 TO PURCHASE AGREEMENTTo Purchase Agreement • November 1st, 2010 • United Western Bancorp Inc • State commercial banks
THIS AMENDMENT NUMBER 1 TO PURCHASE AGREEMENT (this “Amendment”) is made and entered into as of October 28, 2010, by and among UNITED WESTERN BANK, a federal savings bank (“Buyer”), UNITED WESTERN BANCORP, INC., a Colorado corporation and the sole stockholder of Buyer (“Parent”), LEGENT GROUP, LLC, a Delaware limited liability company (“Member”), and HENRY C. DUQUES, the controlling member of Member (“Duques” and, together with Member, “Sellers”) (collectively, the “Parties”).
Re: Amended and Restated Subaccounting Agreement dated June 27, 2009, as amended, between United Western Bank, Equity Trust Company, Equity Administrative Services, Inc. and Sterling Administrative Services, LLC (the “Subaccounting Agreement”)United Western Bancorp Inc • November 1st, 2010 • State commercial banks
United Western Bank (the “Bank”), Equity Trust Company (“ETC”), Equity Administrative Services, Inc. (“EAS”) and Sterling Administrative Services, LLC (“SAS” and, collectively with EAS, the “Companies”) are parties to the above referenced Subaccounting Agreement, whereby, among other things, ETC and the Companies maintain Bank Accounts at Bank for the benefit of Custodial Account Holders and the Companies act as agent for Bank to provide Custodial Account Holder record keeping and certain other services with respect to the account activity by Custodial Accounts and balances maintained in the Bank Accounts by the individual Custodial Accounts.
