GUARANTY AGREEMENTGuaranty Agreement • February 27th, 2007 • FCStone Group, Inc. • Commodity contracts brokers & dealers • Illinois
For value received and in consideration of advances made or to be made, or credit given or to be given, or other financial accommodation afforded or to be afforded to FC STONE, L.L.C. (hereinafter designated as “Borrower”), by HARRIS N.A. (hereinafter called the “Bank”), from time to time, the undersigned hereby guarantees the full and prompt payment to the Bank at maturity and at all times thereafter of any and all indebtedness, obligations and liabilities of every kind and nature of the Borrower to the Bank (including liabilities of partnerships created or arising while the Borrower may have been or may be a member thereof), howsoever evidenced, whether now existing or hereafter created or arising, whether direct or indirect absolute or contingent, or joint or several, and howsoever owned, held or acquired, whether through discount, overdraft, purchase, direct loan or as collateral, or otherwise (hereinafter all such indebtedness, obligations and liabilities being collectively referr
MASTER LOAN AGREEMENTMaster Loan Agreement • February 27th, 2007 • FCStone Group, Inc. • Commodity contracts brokers & dealers • Colorado
THIS MASTER LOAN AGREEMENT is entered into as of January 25, 2006, between CoBank, ACB (“CoBank”) and FCSTONE TRADING, LLC, Kansas City, Missouri (the “Company”).
FCSTONE GROUP, INC. CHANGE IN CONTROL SEVERANCE PLAN (f/k/a FCStone Group, Inc. Change in Control Agreement) (As amended and restated effective September 1, 2006) SECTION 1 INTRODUCTIONFCStone Group, Inc. • February 27th, 2007 • Commodity contracts brokers & dealers
under an employee benefit plan of the Company at least 50% of the combined voting power of the securities of the Company or such surviving entity or any parent thereof outstanding immediately after such merger or consolidation, or (y) a merger or consolidation effected to implement a recapitalization of the Company (or similar transaction) in which no Person is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company (not including in the securities beneficially owned by such Person any securities acquired directly from the Company or its Affiliates other than in connection with the acquisition by the Company or its Affiliates of a business) representing 50% or more of the combined voting power of the Company’s then outstanding securities; or
CHANGE IN TERMS AGREEMENT Master Loan Agreement Covenant ModificationChange in Terms Agreement • February 27th, 2007 • FCStone Group, Inc. • Commodity contracts brokers & dealers
This Change in Terms Agreement is entered into as of September 20, 2002, between Deere Credit, Inc., a Delaware corporation (“Deere”) and FC Stone L.L.C., West Des Moines, Iowa, a(n) Iowa corporation (the “Borrower”).
THIRD AMENDMENT TO REVOLVING SUBORDINATED LOAN AGREEMENTSubordinated Loan Agreement • February 27th, 2007 • FCStone Group, Inc. • Commodity contracts brokers & dealers • Iowa
THIS SECOND AMENDMENT TO the Revolving Subordinated Loan Agreement is dated this 31st day of August, 2005 (“Amendment Agreement”) by and between Deere Credit, Inc. (Lender) and FC Stone L.L.C. (Borrower), an Iowa Limited Liability corporation (“Borrower).
AMENDMENT TO SUBORDINATION LOAN AGREEMENT AND PROMISSORY NOTE DATED DECEMBER 31, 2003 BY AND BETWEEN WILLIAM SHEPARD (LENDER) AND FCSTONE LLC (BORROWER) IN THE AMOUNT OF $500,000.00 ORIGINALLY MATURING DECEMBER 31, 2004Subordination Loan Agreement • February 27th, 2007 • FCStone Group, Inc. • Commodity contracts brokers & dealers
We, the undersigned, being all of the parties to the above described Subordinated Loan Agreement (“Agreement”) and Promissory Note (“Note”) related thereto, hereby mutually agree and consent to amend said Agreement and Note as follows:
UNCOMMITTED REVOLVING CREDIT SUPPLEMENT AND PROMISSORY NOTEFCStone Group, Inc. • February 27th, 2007 • Commodity contracts brokers & dealers
THIS UNCOMMITTED REVOLVING CREDIT SUPPLEMENT AND PROMISSORY NOTE (the “Supplement”) to the Master Loan Agreement dated February 28, 2003 (the “MLA”) is entered into as of June 8, 2006 between FCSTONE FINANCIAL, INC., West Des Moines, Iowa (the “Company”) and CoBank, ACB (“CoBank”), and amends and restates the Supplement dated April 8, 2005 and numbered ES577S01D.
FIRST SUPPLEMENT TO FLOATING RATE LOAN – PROCEDURES LETTERLetter Agreement • February 27th, 2007 • FCStone Group, Inc. • Commodity contracts brokers & dealers
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • February 27th, 2007 • FCStone Group, Inc. • Commodity contracts brokers & dealers
This Change in Terms Agreement (“Agreement”) is entered into as of February 26, 2007, between Deere Credit, Inc., a Delaware corporation (“Deere”) and FC Stone L.L.C., West Des Moines, Iowa 50266, an Iowa corporation (the “Borrower”).
36,750,000 Note Dated: May 19, 2006 Due Date: March 1, 2007, unless extended Johnston, IowaFCStone Group, Inc. • February 27th, 2007 • Commodity contracts brokers & dealers
This Amended and Restated Unsecured Revolving Operating Note replaces and amends a certain Unsecured Revolving Operating Note in the amount of $40,000,000, dated March 15, 2002, as governed by a Master Loan Agreement, dated February 15, 2001, as the same may be modified from time to time.
UNSECURED DEMAND NOTEFCStone Group, Inc. • February 27th, 2007 • Commodity contracts brokers & dealers
This Note evidences borrowing by the Company under that certain Letter Agreement dated as of even date herewith between the Company and the Bank and this Note and the holder hereof are entitled to all the benefits provided for under the Letter Agreement, to which reference is hereby made for a statement thereof. The Company hereby waives presentment and notice of dishonor. The Company agrees to pay to the holder hereof all expenses incurred or paid by such holder, including attorney’s fees and court costs, in connection with the collection of this Note. It is agreed that this Note and the rights and remedies of the holder hereof shall be construed in accordance with and governed by the laws of Illinois.
CHANGE IN TERMS AGREEMENT Revolving Operating Note Increase in Amount of NoteChange in Terms Agreement • February 27th, 2007 • FCStone Group, Inc. • Commodity contracts brokers & dealers
This Change in Terms Agreement is entered into as of February 26, 2007, between Deere Credit, Inc., a Delaware corporation (“Deere”) and FC Stone, L.L.C., West Des Moines, IA 50266, an Iowa corporation (the “Borrower”).
SECOND AMENDMENT TO UNSECURED REVOLVING SUBORDINATED NOTEFCStone Group, Inc. • February 27th, 2007 • Commodity contracts brokers & dealers • Iowa
THIS SECOND AMENDMENT TO the Unsecured Revolving Subordinated Note (the “Note”) is dated this 28th day of February, 2005, (“Amendment Agreement”) by and between Deere Credit, Inc. (Deere) and FC Stone L.L.C. (Borrower), a Iowa Limited Liability Corporation (“Borrower”).
