AMENDED AND RESTATED TRUST AGREEMENT Among NOVASTAR MORTGAGE, INC., as Depositor JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Property Trustee CHASE BANK USA, NATIONAL ASSOCIATION, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as...Trust Agreement • April 24th, 2006 • Novastar Financial Inc • Real estate investment trusts • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of April 18, 2006, among (i) NovaStar Mortgage, Inc., a Virginia corporation (including any successors or permitted assigns, the “Depositor”), (ii) JPMorgan Chase Bank, National Association, as property trustee (in such capacity, the “Property Trustee”), (iii) Chase Bank USA, National Association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Scott F. Hartman, an individual, Gregory S. Metz, an individual and Jeffrey D. Ayers, an individual, each of whose address is c/o NovaStar Financial, Inc., 8140 Ward Parkway, Suite 300, Kansas City, MO 64114, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
JUNIOR SUBORDINATED INDENTURE among NOVASTAR MORTGAGE, INC. NOVASTAR FINANCIAL, INC. and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as TrusteeJunior Subordinated Indenture • April 24th, 2006 • Novastar Financial Inc • Real estate investment trusts • New York
JUNIOR SUBORDINATED INDENTURE, dated as of April 18, 2006, among NovaStar Mortgage, Inc., a Virginia corporation (the “Company”), NovaStar Financial, Inc., a Maryland corporation (the “Guarantor” or the “Exchange Note Issuer”) and JPMorgan Chase Bank, National Association, a national banking association, as Trustee (in such capacity, the “Trustee”).
PARENT GUARANTEE AGREEMENT between NOVASTAR FINANCIAL, INC., as Parent Guarantor, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Guarantee Trustee Dated as of April 18, 2006 NOVASTAR MORTGAGE, INC.Parent Guarantee Agreement • April 24th, 2006 • Novastar Financial Inc • Real estate investment trusts • New York
This PARENT GUARANTEE AGREEMENT, dated as of April 18, 2006, executed and delivered by NOVASTAR FINANCIAL INC., a Maryland corporation (the “Parent Guarantor”) having its principal office at 8140 Ward Parkway, Suite 300, Kansas City, Missouri 64114, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Guarantee Trustee”), for the benefit of the Trust (as defined herein), the Holders (as defined herein) and the Note Holders (as defined herein) from time to time of the Notes (as defined herein) of NovaStar Mortgage, Inc., a Virginia corporation (the “Company”).
PURCHASE AGREEMENT among NOVASTAR MORTGAGE, INC., NOVASTAR FINANCIAL, INC., NOVASTAR CAPITAL TRUST II, and KODIAK WAREHOUSE LLCPurchase Agreement • April 24th, 2006 • Novastar Financial Inc • Real estate investment trusts • New York
Pursuant to Section 3(f) of the Purchase Agreement, Richards, Layton & Finger, P.A., counsel for the Delaware Trustee, shall deliver an opinion to the effect that:
