GUARANTY AGREEMENT (Brad Bernstein)Guaranty Agreement • November 26th, 2008 • Anchor Funding Services, Inc. • Short-term business credit institutions • Rhode Island
FOR TEN DOLLARS ($10.00) in hand paid and in order to induce TEXTRON FINANCIAL CORPORATION, a Delaware corporation in its capacity as agent (together with is successors in such capacity, "Agent") for the Lenders (as hereinafter defined), and the Lenders to make loans or extend credit from time to time, in accordance with the terms of the Loan Agreement (as hereinafter defined), to ANCHOR FUNDING SERVICES, LLC, a North Carolina limited liability company ("Debtor"), and for other good and valuable consideration, the undersigned ("Guarantor") hereby unconditionally and absolutely guarantees to Agent and Lenders the due and punctual payment, performance and discharge (whether upon stated maturity, demand, acceleration or otherwise in accordance with the terms thereof) of all such loans and extensions of credit and all other debts, liabilities and obligations of Debtor to or held by Agent or any Lender (including any portion thereof nominally held by Agent or any Lender on behalf of others
REVOLVING NOTEAnchor Funding Services, Inc. • November 26th, 2008 • Short-term business credit institutions
This Revolving Note ("Note") is issued pursuant to, and is one of the "Revolving Notes" referred to in, the Loan and Security Agreement dated of even date herewith (as at any time amended, restated, supplemented or otherwise modified, the "Loan Agreement"), among Borrower, Textron Financial Corporation, as collateral and administrative agent (in such capacity, together with its successors in such capacity, the "Agent") for itself and the financial institutions from time to time parties thereto as lenders ("Lenders"), and such Lenders, and Holder is and shall be entitled to all benefits thereof and of all Loan Documents executed and delivered in connection therewith. This Note is subject to certain restrictions on transfer or assignment as provided in the Loan Agreement. All capitalized terms used herein, unless otherwise defined herein, shall have the meanings ascribed to such terms in the Loan Agreement.
DEBT SUBORDINATION AGREEMENT November 21, 2008Debt Subordination Agreement • November 26th, 2008 • Anchor Funding Services, Inc. • Short-term business credit institutions • Rhode Island
The undersigned, ANCHOR FUNDING SERVICES, INC. ("Creditor"), is a creditor of ANCHOR FUNDING SERVICES LLC ("Debtor"). In order to induce TEXTRON FINANCIAL CORPORATION (the "Agent"), as Agent for itself and other financial institutions (the "Lenders"), party from time to time to a Loan and Security Agreement (as amended, modified or restated, the "Loan Agreement"), dated on or about the date hereof, between Agent and Debtor, to extend or continue extending financial accommodations to Debtor, Creditor hereby warrants, represents and agrees as follows:
CONTINUING GUARANTY AGREEMENTContinuing Guaranty Agreement • November 26th, 2008 • Anchor Funding Services, Inc. • Short-term business credit institutions • Rhode Island
THIS CONTINUING GUARANTY AGREEMENT (this "Guaranty") is made on November 21, 2008, by ANCHOR FUNDING SERVICES, INC., a Delaware corporation with a mailing address at 10801 Johnston Road, Suite 210, Charlotte, North Carolina 28226 ("Guarantor"), in favor of each of the financial institutions (collectively, "Lenders") now or hereafter parties to the Loan Agreement (as defined below) and TEXTRON FINANCIAL CORPORATION, a Delaware corporation with a mailing address at 11575 Great Oaks Way, Suite 210, Alpharetta, Georgia 30022, as administrative and collateral agent (in such capacity, together with its successors in such capacity, the "Agent") for each of the Lenders (Agent and each Lender being referred to individually as a "Guaranteed Party" and collectively as the "Guaranteed Parties").
LOAN AND SECURITY AGREEMENT Among ANCHOR FUNDING SERVICES, LLC As Borrower EACH OF THE FINANCIAL INSTITUTIONS SIGNATORY HERETO, As Lenders, and TEXTRON FINANCIAL CORPORATION, As Agent Dated as of November 21, 2008Loan and Security Agreement • November 26th, 2008 • Anchor Funding Services, Inc. • Short-term business credit institutions • Rhode Island
ANCHOR FUNDING SERVICES, LLC, a North Carolina limited liability company (the "Borrower"), each of the financial institutions identified as Lenders on the signature pages hereto (together with each of their successors and assigns, referred to collectively as "Lenders" and each individually as a "Lender"), and TEXTRON FINANCIAL CORPORATION, a Delaware corporation ("Textron"), acting in the manner and to the extent described in Article XI (in such capacity, "Agent"), agree as follows:
PLEDGE AGREEMENTPledge Agreement • November 26th, 2008 • Anchor Funding Services, Inc. • Short-term business credit institutions • Rhode Island
This PLEDGE AGREEMENT (this "Agreement") is made on November 21, 2008, by and between ANCHOR FUNDING SERVICES, INC., a Delaware limited liability company ("Pledgor"), and TEXTRON FINANCIAL CORPORATION, a Delaware Corporation, as collateral and administrative agent (together with its successors in such capacity, "Agent") for various financial institutions (each a "Lender" and collectively, "Lenders") party from time to time to the Loan Agreement (as defined below).
