FIFTH AMENDMENT TO THE RECEIVABLES FINANCING AGREEMENTReceivables Financing Agreement • November 1st, 2010 • Asta Funding Inc • Short-term business credit institutions • New York
THIS FIFTH AMENDMENT TO THE RECEIVABLES FINANCING AGREEMENT, dated as of October 14, 2010 (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 Coll
OMNIBUS TERMINATION AGREEMENTOmnibus Termination Agreement • November 1st, 2010 • Asta Funding Inc • Short-term business credit institutions • New York
THIS OMNIBUS TERMINATION AGREEMENT dated as of October 14, 2010 (this “Termination Agreement”), is entered into by and among PALISADES ACQUISITION XVI, LLC (the “Borrower”), BMO CAPITAL MARKETS CORP., as collateral agent (in such capacity, the “Collateral Agent”), ASTA GROUP, INCORPORATED (“Asta Group”) and each GUARANTOR set forth on the signature page hereto as a “Guarantor” (each a “Guarantor”). 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, Palisades Collection, L.L.C., as servicer (the “Servicer”), Fairway Finance Company, LLC, as lender (the “Lender”), BMO Capital Markets Corp., as Administrator for the Lender (in such capacity, the “Administrator”), the Collateral Agent and Bank of Montreal, as liquidity agent for the Liquidity Providers (in such capacity, the
