NOTE: PORTIONS OF THIS EXHIBIT ARE THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST BY THE REGISTRANT TO THE SECURITIES AND EXCHANGE COMMISSION. SUCHPORTIONS HAVE BEEN REDACTED AND ARE MARKED WITH A “[*]” IN PLACE OF THE REDACTED LANGUAGE.Penson Worldwide Inc • November 13th, 2007 • Security brokers, dealers & flotation companies
SunGard Financial Systems LLC and Penson Financial Services, Inc. hereby agree that the document attached hereto labeled “Schedule E Phase3 Service Level Addendum to the Remote Processing Agreement SunGard/Penson Financial Services, Inc.” is the Service Level Addendum originally contemplated in the Amendment, dated July 25, 2006, to that certain Remote Processing Agreement (the “Remote Processing Agreement”) between SunGard Financial Systems LLC (formerly SunGard Financial Systems Inc.) and Penson Financial Services, Inc. dated July 10, 1995 and shall be deemed to form a part of the Remote Processing Agreement as of the date hereof.
NOTE: PORTIONS OF THIS AMENDMENT ARE THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST BY THE REGISTRANT TO THE SECURITIES AND EXCHANGE COMMISSION. SUCH PORTIONS HAVE BEEN REDACTED AND ARE MARKED WITH A “[*]” IN PLACE OF THE REDACTED LANGUAGE. FIFTH...Credit Agreement • November 13th, 2007 • Penson Worldwide Inc • Security brokers, dealers & flotation companies • Texas
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of the 19th day of September, 2007 by and among the lenders listed on the signature pages hereof (the “Lenders”), PENSON WORLDWIDE, INC., a Delaware corporation (“Borrower”), GUARANTY BANK, as Administrative Agent, Swing Line Lender, Arranger and Letter of Credit Issuer for the Lenders (the “Administrative Agent”), and Wachovia Bank, National Association, as Documentation Agent (the “Documentation Agent”), each to the extent and in the manner provided for in the Credit Agreement (defined below and herein so called).
