SETTLEMENT AGREEMENT AND RELEASESettlement Agreement and Release • April 20th, 2010 • First Marblehead Corp • Personal credit institutions • New York
THIS SETTLEMENT AGREEMENT AND RELEASE (this “Agreement”) is entered into as of April 16, 2010 (the “Effective Date”), by and among UFSB PRIVATE LOAN SPV, LLC, a Delaware limited liability company (“Issuer”), CIESCO, LLC (the “Conduit Lender”), the financial institutions from time to time party to the Indenture (as defined below) as committed lenders (collectively, the “Committed Lenders” and together with the Conduit Lender, the “Lenders”), CITICORP NORTH AMERICA, INC. (“CNAI”), U.S. BANK NATIONAL ASSOCIATION, as indenture trustee (the “Indenture Trustee”), THE FIRST MARBLEHEAD CORPORATION (“FMD”), a Delaware corporation, THE NATIONAL COLLEGIATE FUNDING II, LLC (“NCF II”), a Delaware limited liability company, THE NATIONAL COLLEGIATE STUDENT LOAN TRUST 2009-1 (the “Trust”), a Delaware statutory trust, and UNION FEDERAL SAVINGS BANK (“UFSB”), a federal savings bank. Unless otherwise indicated, capitalized terms used in this Agreement shall have the meaning assigned to them in the Indent
