U.S. $400,000,000 SECOND AMENDED AND RESTATED SALE AND SERVICING AGREEMENT by and among NEWSTAR CP FUNDING LLC, as the Seller, NEWSTAR FINANCIAL, INC., as the Originator and as the Servicer, WACHOVIA BANK, NATIONAL ASSOCIATION, as the Swingline...Sale and Servicing Agreement • August 6th, 2008 • NewStar Financial, Inc. • Finance lessors • New York
THIS SECOND AMENDED AND RESTATED SALE AND SERVICING AGREEMENT (such agreement as amended, modified, waived, supplemented, restated or replaced from time to time, the “Agreement”) is made as of this April 18, 2008, by and among:
FIRST AMENDMENT TO THE LOAN AND SERVICING AGREEMENTLoan and Servicing Agreement • August 6th, 2008 • NewStar Financial, Inc. • Finance lessors • New York
This FIRST AMENDMENT TO THE LOAN AND SERVICING AGREEMENT, dated as of May 6, 2008 (this “Amendment”), is entered into among NewStar DB Term Funding LLC, a Delaware limited liability company (the “Borrower”), NewStar Financial, Inc., a Delaware corporation (“NewStar”), Tahoe Funding Corp., a Delaware corporation (the “Lender”), Deutsche Bank AG, New York Branch (“DB”), as lender agent for the Lender (the “Lender Agent”), DB, as administrative agent for the Lender (in such capacity, and together with any successor thereto in such capacity, the “Administrative Agent”), U.S. Bank National Association, a national banking association (the “Trustee”) and Lyon Financial Services, Inc., a Minnesota corporation doing business as U.S. Bank Portfolio Services (the “Backup Servicer”) (collectively, the “Parties”).
SEVENTH AMENDMENT & WAIVER TO SECURED LOAN AND SERVICING AGREEMENTSecured Loan and Servicing Agreement • August 6th, 2008 • NewStar Financial, Inc. • Finance lessors • New York
THIS SEVENTH AMENDMENT & WAIVER, dated as of May 29, 2008 (this “Amendment”), is entered into in connection with that certain Secured Loan and Servicing Agreement, dated as of August 26, 2005 (as amended, supplemented, restated or replaced from time to time, the “Secured Loan and Servicing Agreement”), by and among NewStar Short-Term Funding LLC, as the borrower (together with its successors and assigns in such capacity, the “Borrower”), NewStar Financial, Inc., as the originator (together with its successors and assigns in such capacity, the “Originator”) and as the servicer (together with its successors and assigns in such capacity, the “Servicer”), MMP-5 Funding, LLC, as the lender (together with its successors and assigns in such capacity, the “Lender”), NATIXIS Financial Products Inc. (formerly known as IXIS Financial Products Inc.), as the Administrative Agent (together with its successors and assigns in such capacity, the “Administrative Agent”), and U.S. Bank National Associati
