JOINDER AND AMENDMENT NO. 1 TO TRIBECA FORBEARANCE AGREEMENTTribeca Forbearance Agreement • May 15th, 2008 • Franklin Credit Management Corp/De/ • Finance services • Ohio
THIS JOINDER AND AMENDMENT NO. 1 TO TRIBECA FORBEARANCE AGREEMENT (this “Amendment”) is entered into at Columbus, Ohio, as of March 31, 2008 (the “Amendment 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 (“Tribeca”), 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”). This Amendment amends and modifies a certain Tribeca Forbearance Agreement and Amendment to Credit Agreements dated as of December 28, 2007 (as amended, supplemented, restated or otherwise modified from time to time prior to the date hereof, the “Forbearance Agreement”) by and among the Borrowers (other than the Additional Subsidiaries), Tribeca, FCMC and Lender. All capitalized terms not otherwise de
THE HUNTINGTON NATIONAL BANK Second Amended and Restated Promissory Note (D Note)Franklin Credit Management Corp/De/ • May 15th, 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 December 31, 2007, by and among Franklin Credit Management Corporation (“FCMC”), Borrowers, and The Huntington National Bank, successor by merger to Sky Bank (“Bank”), (as amended, restated, modified or otherwise supplemented from time to time, herein the “Forbearance Agreement”), and Borrowers and Bank desire to amend and restate a certain Amended and Restated Promissory Note (D Note) dated December 28, 2007, in the original principal sum of $5,000,000 (the “Existing Note”); and
PARTICIPATION AGREEMENT (Tribeca)Participation Agreement • May 15th, 2008 • Franklin Credit Management Corp/De/ • Finance services • Ohio
THIS PARTICIPATION AGREEMENT (this “Agreement”) is made and entered into as of March 31, 2008 (the “Effective Date”), by and between The Huntington National Bank, successor by merger to Sky Bank (the “Lead Participant”), BOS (USA) Inc., a Delaware corporation (the “Participant”) and Tribeca Lending Corp. (“TLC”) and its subsidiaries (hereinafter collectively with TLC, the “Borrowers”), as to Paragraphs 14 and 22.
JOINDER AND AMENDMENT NO. 1 TO FORBEARANCE AGREEMENTForbearance Agreement • May 15th, 2008 • Franklin Credit Management Corp/De/ • Finance services • Ohio
THIS JOINDER AND AMENDMENT NO. 1 TO FORBEARANCE AGREEMENT (this “Amendment”) is entered into at Columbus, Ohio, as of March 31, 2008 (the “Amendment 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 (“FCMC” or “Guarantor”) and THE HUNTINGTON NATIONAL BANK (“Huntington” or “Lender”). This Amendment amends and modifies a certain Forbearance Agreement and Amendment to Credit Agreements dated as of December 28, 2007 (as amended, supplemented, restated or otherwise modified from time to time prior to the date hereof, the “Forbearance Agreement”), by and among the Borrowers (other than the Additional Subsidiaries), FCMC and Lender. All capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Forbearance Agreement.
