NOTE PURCHASE AGREEMENT dated September 12, 2007 FIRST INVESTORS FINANCIAL SERVICES GROUP, INC. 12.75% Senior Subordinated Notes due September 12, 2017 14.75% Senior Subordinated Paid-In-Kind Notes due September 12, 2017Note Purchase Agreement • December 12th, 2007 • First Investors Financial Services Group Inc • Personal credit institutions • New York
The Company will authorize the issue and sale of its 12.75% Senior Subordinated Notes in the aggregate principal amount of $5,000,000 due September 12, 2017 (the “Senior Subordinated Notes,” such term to include any such notes issued in substitution therefor pursuant to Article XIII of this Agreement or the Other Agreements (as hereinafter defined)), and may authorize the issue and sale from time to time of its 14.75% Senior Subordinated Paid-In-Kind Notes in the aggregate principal amount of up to $318,750 due September 12, 2017 (the “Senior Subordinated PIK Notes,” such term to include any such notes issued in substitution therefor pursuant to Article XIII of this Agreement, and together with the Senior Subordinated Notes, the “Notes”). The Senior Subordinated Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. The Senior Subordinated PIK Notes shall be substantially in the form set out in Exhi
AMENDMENT NO. 13 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • December 12th, 2007 • First Investors Financial Services Group Inc • Personal credit institutions • Texas
THIS AMENDMENT NO. 13 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of September 12, 2007 (this “Amendment”), is entered into by and among F.I.R.C., INC., a Delaware corporation (the “Borrower”), the financial institutions listed on the signature pages hereof (each individually a “Bank” and collectively, the “Banks”), WACHOVIA BANK, NATIONAL ASSOCIATION (f/k/a First Union National Bank), and WACHOVIA CAPITAL MARKETS, LLC, a Delaware limited liability company (“Wachovia Securities”). Capitalized terms used and not otherwise defined herein are used as defined in the Credit Agreement (as defined below).
AMENDMENT NUMBER 3 TO SECOND AMENDED AND RESTATED SECURITY AGREEMENT (FIARC)Security Agreement • December 12th, 2007 • First Investors Financial Services Group Inc • Personal credit institutions • New York
THIS AMENDMENT NUMBER 3 TO SECOND AMENDED AND RESTATED SECURITY AGREEMENT, dated as of December 10, 2007 (this “Amendment”), is entered into by and among FIRST INVESTORS AUTO RECEIVABLES CORPORATION, a Delaware corporation (the “Debtor”), FIRST INVESTORS FINANCIAL SERVICES, INC., a Texas corporation (“FIFS” or “Seller”), FIRST INVESTORS SERVICING CORPORATION, a Delaware corporation (“FISC” or the “Servicer”), VARIABLE FUNDING CAPITAL COMPANY LLC, a Delaware limited liability company, (“VFCC”), WACHOVIA CAPITAL MARKETS, LLC, a Delaware corporation (successor in interest to Wachovia Securities, Inc., f/k/a First Union Securities, Inc.) (“Wachovia” or the “Administrative Agent”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, f/k/a Wells Fargo Bank Minnesota, National Association (“Wells Fargo”). Capitalized terms used and not otherwise defined herein are used as defined in the Security Agreement (as defined below).
Subsidiary Guaranty AgreementSubsidiary Guaranty Agreement • December 12th, 2007 • First Investors Financial Services Group Inc • Personal credit institutions • New York
This SUBSIDIARY GUARANTY AGREEMENT dated as of September 12, 2007 (this “Guaranty”) is entered into on a joint and several basis by each of the undersigned, together with any entity which may become a party hereto by execution and delivery of a Subsidiary Guaranty Supplement in substantially the form set forth as Exhibit A hereto (a “Guaranty Supplement”) (which parties are hereinafter referred to individually as a “Guarantor” and collectively as the “Guarantors”).
