0001047469-03-029969 Sample Contracts

EXHIBIT 10.38 SHAREHOLDERS AGREEMENT dated as of December 21, 1995
Shareholders Agreement • September 5th, 2003 • First Marblehead Corp • Delaware
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EXHIBIT 10.41 LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • September 5th, 2003 • First Marblehead Corp • Massachusetts
EXTENSION AGREEMENT FOR CEDU PREPGATE LOANS
Extension Agreement • September 5th, 2003 • First Marblehead Corp
A. BASIC DATA.
First Marblehead Corp • September 5th, 2003 • Massachusetts
W I T N E S S E T H
First Marblehead Corp • September 5th, 2003
WITNESSETH:
Software Development Agreement • September 5th, 2003 • First Marblehead Corp
RECITALS
Marketing Services Agreement • September 5th, 2003 • First Marblehead Corp • Massachusetts
RECITALS
Umbrella Agreement • September 5th, 2003 • First Marblehead Corp • California
AMENDMENT TO GUARANTY AGREEMENT, LOAN ORIGINATION AGREEMENT AND DEPOSIT AND SECURITY AGREEMENT
Guaranty Agreement • September 5th, 2003 • First Marblehead Corp
COMMERCIAL LEASE
First Marblehead Corp • September 5th, 2003

Rent $3,073/month or $12,292/year for months beginning 2/1/02 $3,073/month or $36,876/year for year beginning 6/01/02 $3,227/month or $38,724/year for the year beginning 6/01/03 $3,388/month or $40,656/year for year beginning 6/01/04 $3,558/month or $42,696/year for year beginning 6/01/05 $3,736/month or $44,832/year for year beginning 6/01/06

RECITALS
Master Servicing Agreement • September 5th, 2003 • First Marblehead Corp • Massachusetts
RECITALS
Master Loan Guaranty Agreement • September 5th, 2003 • First Marblehead Corp • Massachusetts
COMMERCIAL LEASE
First Marblehead Corp • September 5th, 2003

Rent $13,297/month or $159,564/year for first year $13,962/month or $167,544/year for second year $14,660/month or $175,920/year for third year $15,393/month or $184,716/year for fourth year $16,163/month or $193,956/year for fifth year

SUBLEASE
Sublease • September 5th, 2003 • First Marblehead Corp • Massachusetts
AMENDMENT to PROGRAM AGREEMENTS BANK ONE, N.A. (EDUCATION ONE LOAN PROGRAM)
First Marblehead Corp • September 5th, 2003
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RECITALS
Sale and Supplementation Agreement • September 5th, 2003 • First Marblehead Corp • Massachusetts
EXHIBIT 10.25 ORIGINATION SERVICES AGREEMENT by and between BANK OF AMERICA, N.A.
Origination Services Agreement • September 5th, 2003 • First Marblehead Corp
ALTERNATIVE SERVICING AGREEMENT BETWEEN PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY AND THE FIRST MARBLEHEAD CORPORATION
Alternative Servicing Agreement • September 5th, 2003 • First Marblehead Corp • Pennsylvania
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