SUBORDINATED GUARANTOR SECURITY AGREEMENTSubordinated Guarantor Security Agreement • February 20th, 2009 • Asta Funding Inc • Short-term business credit institutions • New York
THIS SUBORDINATED GUARANTOR SECURITY AGREEMENT (together with all amendments and other modifications, if any from time to time hereto, this “Security Agreement”), is dated as of February 20, 2009, by and among EACH OF THE GRANTORS SIGNATORY HERETO AND EACH ADDITIONAL PARTY THAT BECOMES A GRANTOR HERETO PURSUANT TO SECTION 25 HEREOF (together with their respective successors and assigns, collectively “Grantors” and each individually “Grantor”), and BMO CAPITAL MARKETS CORP., as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”).
FIRST AMENDMENT TO AMENDED AND RESTATED MASTER SERVICING AGREEMENTMaster Servicing Agreement • February 20th, 2009 • Asta Funding Inc • Short-term business credit institutions
This FIRST AMENDMENT TO AMENDED AND RESTATED MASTER SERVICING AGREEMENT (this “Amendment”) is dated as of [*], between PALISADES COLLECTION, L.L.C., a Delaware limited liability company, with offices at 210 Sylvan Avenue, Englewood Cliffs, New Jersey 07632 (“Palisades”) and [*], a New York partnership, and [*], a limited liability company, each with offices at [*] ( “Servicer”).
FOURTH AMENDMENT TO THE RECEIVABLES FINANCING AGREEMENTReceivables Financing Agreement • February 20th, 2009 • Asta Funding Inc • Short-term business credit institutions • New York
THIS FOURTH AMENDMENT TO THE RECEIVABLES FINANCING AGREEMENT, dated as of February 20, 2009 (this “Amendment”), is entered into by and among PALISADES ACQUISITION XVI, LLC, a Delaware limited liability company (the “Borrower”), PALISADES COLLECTION, L.L.C., a Delaware limited liability company (the “Servicer”), FAIRWAY FINANCE COMPANY, LLC ( the “Lender”), BMO CAPITAL MARKETS CORP. (“BMO CM”), as Administrator for the Lender (in such capacity, the “Administrator”) and as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”), and BANK OF MONTREAL (“BMO”), as liquidity agent for the Liquidity Providers (in such capacity, the “Liquidity Agent”). Capitalized terms used and not otherwise defined herein are used as defined in the Receivables Financing Agreement, dated as of March 2, 2007 (as amended, supplemented or otherwise modified from time to time, the “Receivables Financing Agreement”), among the Borrower, the Servicer, the Lender, the Administrator, the C
SUBORDINATED GUARANTOR SECURITY AGREEMENTSubordinated Guarantor Security Agreement • February 20th, 2009 • Asta Funding Inc • Short-term business credit institutions • New York
THIS SUBORDINATED GUARANTOR SECURITY AGREEMENT (together with all amendments and other modifications, if any from time to time hereto, this “Security Agreement”), is dated as of February 20, 2009, by and among EACH OF THE GRANTORS SIGNATORY HERETO AND EACH ADDITIONAL PARTY THAT BECOMES A GRANTOR HERETO PURSUANT TO SECTION 23 HEREOF (together with their respective successors and assigns, collectively “Grantors” and each individually “Grantor”), and Asta Group, Incorporated ( “Asta Group”).
SUBORDINATED LIMITED RECOURSE GUARANTY AGREEMENTSubordinated Limited Recourse Guaranty Agreement • February 20th, 2009 • Asta Funding Inc • Short-term business credit institutions • New York
This Subordinated Limited Recourse Guaranty Agreement (this “Guaranty”) is made and entered into this 20th day of February, 2009, by and between each signatory hereto identified as a Guarantor (each a “Guarantor” and collectively, the “Guarantors”), in favor of BMO Capital Markets Corp. (“BCM”), as Collateral Agent (the “Collateral Agent”) on behalf of the Secured Parties. Terms used herein and not defined herein have the meaning set forth in the Receivables Financing Agreement (as defined below) or the Security Agreement (as defined below).
AMENDED AND RESTATED MASTER SERVICING AGREEMENTMaster Servicing Agreement • February 20th, 2009 • Asta Funding Inc • Short-term business credit institutions • Delaware
FORM OF SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • February 20th, 2009 • Asta Funding Inc • Short-term business credit institutions • New York
THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (the “Agreement”) is made and entered into as of the ___ day of , 200_, by and among , a Delaware corporation, as collateral agent for itself and the lenders under the Junior Loan Agreement defined below (the “Junior Agent”), and , a New York banking corporation, as collateral agent for itself and the lenders under the Senior Loan Agreement defined below, and as administrative agent under the Senior Loan Agreement (the “Senior Agent”).
AMENDED AND RESTATED MANAGEMENT AGREEMENTManagement Agreement • February 20th, 2009 • Asta Funding Inc • Short-term business credit institutions • Delaware
AMENDED AND RESTATED MANAGEMENT AGREEMENT (this “Agreement”), dated as of January 16, 2009, by and among PALISADES COLLECTION, L.L.C., a Delaware limited liability company, with offices at 210 Sylvan Avenue, Englewood Cliffs, New Jersey 07632 (“Palisades” ) and [*], an Ohio corporation, with offices at [*] (the “Manager”).
SUBORDINATED LIMITED RECOURSE GUARANTY AGREEMENTSubordinated Limited Recourse Guaranty Agreement • February 20th, 2009 • Asta Funding Inc • Short-term business credit institutions • New York
This Subordinated Limited Recourse Guaranty Agreement (this “Guaranty”) is made and entered into this 20th day of February, 2009, by and between each signatory hereto identified as a Guarantor (each a “Guarantor” and collectively, the “Guarantors”), in favor of Asta Group, Incorporated (“Asta Group”). Terms used herein and not defined herein have the meaning set forth in the Guarantor Security Agreement (as defined below).
SEVENTH AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • February 20th, 2009 • Asta Funding Inc • Short-term business credit institutions
THIS SEVENTH AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN AGREEMENT (this “Amendment”) is executed and entered into as of February 20, 2009, by and among ASTA FUNDING ACQUISITION I, LLC, a Delaware limited liability company, ASTA FUNDING ACQUISITION II, LLC, a Delaware limited liability company, PALISADES COLLECTION, L.L.C., a Delaware limited liability company, PALISADES ACQUISITION I, LLC, a Delaware limited liability company, PALISADES ACQUISITION II, LLC, a Delaware limited liability company, PALISADES ACQUISITION IV, LLC, a Delaware limited liability company, PALISADES ACQUISITION V, LLC, a Delaware limited liability company, PALISADES ACQUISITION VI, LLC, a Delaware limited liability company, PALISADES ACQUISITION VII, LLC, a Delaware limited liability company, PALISADES ACQUISITION VIII, LLC, a Delaware limited liability company, PALISADES ACQUISITION IX, LLC, a Delaware limited liability company, PALISADES ACQUISITION X, LLC, a Delaware limited liability company, CLIFFS PORTFO
