0001144204-16-074456 Sample Contracts

forbearance agreement to First lien credit agreement
Forbearance Agreement • January 6th, 2016 • RCS Capital Corp • Security brokers, dealers & flotation companies • New York

This FORBEARANCE AGREEMENT TO FIRST LIEN CREDIT AGREEMENT (this “Agreement”), dated as of December 31, 2015, is entered into by and among RCS Capital Corporation, a Delaware corporation (the “Borrower”), the other Loan Parties party hereto, the lenders party hereto (collectively the “Lenders” and each a “Lender”), Barclays Bank PLC, as Issuing Bank and Swing Line Lender, and Barclays Bank PLC, as administrative agent (in such capacity, the “Administrative Agent”) and Collateral Agent.

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forbearance agreement to INDENTURE GOVERNING THE LUXOR CONVERTIBLE NOTES
Forbearance Agreement • January 6th, 2016 • RCS Capital Corp • Security brokers, dealers & flotation companies • New York

This FORBEARANCE AGREEMENT TO INDENTURE GOVERNING THE LUXOR CONVERTIBLE NOTES (this “Agreement”), dated as of December 31, 2015, is entered into by and among RCS Capital Corporation, a Delaware corporation (the “Issuer”), and the affiliates of Luxor Capital Group, LP whose names appear on the signature pages hereto and who together own all of the outstanding 5.00% Convertible Senior Notes due 2021 of the Issuer (the “Notes” and the holders thereof collectively, the “Holder”).

forbearance agreement to SENIOR UNSECURED PROMISSORY NOTES
Forbearance Agreement • January 6th, 2016 • RCS Capital Corp • Security brokers, dealers & flotation companies • New York

This FORBEARANCE AGREEMENT TO SENIOR UNSECURED PROMISSORY NOTES (this “Agreement”), dated as of December 31, 2015, is entered into by and among RCS Capital Corporation, a Delaware corporation (the “Issuer”), and the holders of those certain Senior Unsecured Promissory Notes, each dated November 9, 2015, for the aggregate principal amount of $15 million (as the same may be amended, restated, supplemented, or otherwise modified from time to time, the “Notes”).

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