0000950133-03-003732 Sample Contracts

INDENTURE between CAPITALSOURCE FUNDING II TRUST as Issuer, and WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION as Indenture Trustee Dated as of September 17, 2003 CAPITALSOURCE FUNDING II TRUST COMMERCIAL LOAN BACKED NOTES
Indenture • November 7th, 2003 • Capitalsource Inc • Finance lessors • New York

INDENTURE dated as of September 17, 2003 (this “Indenture”), between CapitalSource Funding II Trust, a Delaware statutory trust, as Issuer (the “Issuer”) and Wells Fargo Bank Minnesota, National Association, as Indenture Trustee (the “Indenture Trustee”).

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SALE AND SERVICING AGREEMENT among CAPITALSOURCE FUNDING II TRUST as Issuer and CS FUNDING II DEPOSITOR LLC as Depositor and CAPITALSOURCE FINANCE LLC as Loan Originator and Servicer and WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION as Indenture...
Sale and Servicing Agreement • November 7th, 2003 • Capitalsource Inc • Finance lessors • New York

This Sale and Servicing Agreement is entered into effective as of September 17, 2003, among CapitalSource Funding II Trust, a Delaware statutory trust (the “Issuer”), CS Funding II Depositor LLC, a Delaware limited liability company, as Depositor (in such capacity, the “Depositor”), CapitalSource Finance LLC, a Delaware limited liability company (“CapitalSource”), as Loan Originator (in such capacity, the “Loan Originator”) and as Servicer (in such capacity, the “Servicer”) and Wells Fargo Bank Minnesota, National Association, a national banking association, as Indenture Trustee on behalf of the Noteholders (in such capacity, the “Indenture Trustee”), as Collateral Custodian (the “Collateral Custodian”) and as Backup Servicer (the “Backup Servicer”).

NOTE PURCHASE AGREEMENT among CAPITALSOURCE FUNDING II TRUST, as Issuer CS FUNDING II DEPOSITOR LLC, as Depositor CAPITALSOURCE FINANCE LLC as Loan Originator and CITIGROUP GLOBAL MARKETS REALTY CORP. as Purchaser Dated as of September 17, 2003...
Note Purchase Agreement • November 7th, 2003 • Capitalsource Inc • Finance lessors • New York

NOTE PURCHASE AGREEMENT dated as of September 17, 2003 (the “Note Purchase Agreement”), among CapitalSource Funding II Trust (the “Issuer”), CS Funding II Depositor LLC (the “Depositor”), CapitalSource Finance LLC (“CapitalSource”) and Citigroup Global Markets Realty Corp. (“Citigroup,” and in its capacity as Purchaser hereunder, the “Purchaser”).

INDEMNIFICATION AGREEMENT
Indemnification Agreement • November 7th, 2003 • Capitalsource Inc • Finance lessors • Delaware

THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into as of August 1, 2003, by and between CapitalSource Inc., a Delaware corporation (the “Company”), and the undersigned (the “Indemnitee”).

INDEMNIFICATION AGREEMENT
Indemnification Agreement • November 7th, 2003 • Capitalsource Inc • Finance lessors • Delaware

THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into as of August 1, 2003, by and between CapitalSource Inc., a Delaware corporation (the “Company”), and the undersigned (the “Indemnitee”).

MASTER PROGRAM AGREEMENT
Master Program Agreement • November 7th, 2003 • Capitalsource Inc • Finance lessors • New York

This Master Program Agreement dated as of August 1, 2003 (this “Agreement”) by and among CapitalSource Finance LLC, a Delaware limited liability company (“CapitalSource”), Credit Suisse First Boston Mortgage Capital, LLC, a Delaware limited liability company (“Repo Counterparty”), Credit Suisse First Boston LLC, a Delaware limited liability company (“CSFB”), and Column Financial, Inc., a Delaware corporation (“Column” and, collectively with Repo Counterparty and CSFB, the “CSFB Parties”).

AMENDED AND RESTATED TRUST AGREEMENT between CS FUNDING II DEPOSITOR LLC as Depositor and WILMINGTON TRUST COMPANY as Owner Trustee Dated as of September 17, 2003 CAPITALSOURCE FUNDING II TRUST COMMERCIAL LOAN-BACKED NOTES
Trust Agreement • November 7th, 2003 • Capitalsource Inc • Finance lessors • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 17, 2003 (the “Agreement”), between CS Funding II Depositor LLC, a Delaware limited liability company, as Depositor (the “Depositor”), and Wilmington Trust Company, a Delaware banking corporation, as Owner Trustee (the “Owner Trustee”).

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