SECOND AMENDED AND RESTATED GUARANTYGuaranty • March 15th, 2004 • New Century Financial Corp • Mortgage bankers & loan correspondents • New York
SECOND AMENDED AND RESTATED GUARANTY, dated as of January 30, 2004 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Guaranty”), is made and entered upon the terms hereinafter set forth by New Century Financial Corporation, a corporation duly incorporated and in good standing in the State of Delaware (the “Guarantor”), in favor Morgan Stanley Bank (“MSB”), Morgan Stanley Mortgage Capital Inc. (“MSMCI”, together with MSB, collectively, the “Lenders”) and MSMCI, as agent for the Lenders (in such capacity, the “Agent”, together with the Lenders, collectively, the “Beneficiaries”), pursuant to that certain Second Amended and Restated Master Loan and Security Agreement, dated as of even date herewith (as amended, restated, supplemented or otherwise modified and in effect from time to time, the “Loan Agreement”), by and among NC Capital Corporation (“NC Capital”), New Century Mortgage Corporation (“New Century” and together with NC Capital, each
SECOND AMENDED AND RESTATED MASTER LOAN AND SECURITY AGREEMENT Dated as of January 30, 2004 among NC CAPITAL CORPORATION, as a Borrower NEW CENTURY MORTGAGE CORPORATION, as a Borrower MORGAN STANLEY BANK, as a Lender and MORGAN STANLEY MORTGAGE...Master Loan and Security Agreement • March 15th, 2004 • New Century Financial Corp • Mortgage bankers & loan correspondents • New York
SECOND AMENDED AND RESTATED MASTER LOAN AND SECURITY AGREEMENT, dated as of January 30, 2004 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Loan Agreement”), among NC CAPITAL CORPORATION, a California corporation (“NC Capital”), NEW CENTURY MORTGAGE CORPORATION, a California corporation (“New Century”), (New Century, together with NC Capital, each a “Borrower” and collectively, the “Borrowers”), MORGAN STANLEY BANK, a Utah industrial loan corporation (“MSB”), as a lender (a “Lender”), and MORGAN STANLEY MORTGAGE CAPITAL INC., a New York corporation (“MSMCI”), as a lender (a “Lender”, in such capacity, together with MSB, collectively, the “Lenders”) and as agent for the Lenders (in such capacity, the “Agent”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 15th, 2004 • New Century Financial Corp • Mortgage bankers & loan correspondents • California
This Employment Agreement (this “Agreement”) is effective as of January 1, 2004 (the “Effective Date”) between New Century Financial Corporation, a Delaware corporation (the “Company”), and [Name of Executive] (“Executive”) and supersedes all prior employment agreements between Executive and the Company.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 15th, 2004 • New Century Financial Corp • Mortgage bankers & loan correspondents • California
This Amended and Restated Employment Agreement (“Agreement”) is effective as of January 1, 2004 (the “Effective Date”) between New Century Financial Corporation, a Delaware corporation (the “Company”), and Patrick H. Rank (“Executive”).
NEW CENTURY MORTGAGE CORPORATION NC CAPITAL CORPORATION Seller AND Buyer AMENDMENT NO. 4 Dated as of February 12, 2004 TO SECOND AMENDED AND RESTATED MASTER REPURCHASE AGREEMENT Dated as of June 23, 2003Master Repurchase Agreement • March 15th, 2004 • New Century Financial Corp • Mortgage bankers & loan correspondents • New York
AMENDMENT NO. 4 (this “Amendment”), dated as of February 12, 2004, by and among New Century Mortgage Corporation (“NCMC”), NC Capital Corporation (“NCCC” and, together with NCMC, the “Seller”), and CDC Mortgage Capital Inc. (“Buyer”), to the Second Amended and Restated Master Repurchase Agreement, dated as of June 23, 2003, by and among Seller and Buyer, as amended (the “Agreement”).
AMENDMENT NO. 1 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • March 15th, 2004 • New Century Financial Corp • Mortgage bankers & loan correspondents • New York
THIS AMENDMENT NO. 1, made as of January 14, 2004 (“Amendment No. 1”), by and between BEAR STEARNS MORTGAGE CAPITAL CORPORATION (“Buyer”) and NC CAPITAL CORPORATION (“Seller”).
