AMENDED AND RESTATED JUNIOR SUBORDINATED INDENTURE between NOVASTAR MORTGAGE, INC. and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Trustee Dated as of September 20, 2005Junior Subordinated Indenture • August 18th, 2008 • Novastar Financial Inc • Real estate investment trusts • New York
AMENDED AND RESTATED JUNIOR SUBORDINATED INDENTURE, dated as of September 20, 2005 (as amended and restated, the “Indenture”), between NovaStar Mortgage, Inc., a Virginia corporation (the “Company”), and JPMORGAN CHASE BANK, National Association, a national banking association, as Trustee (in such capacity, the “Trustee”).
SECOND 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...Trust Agreement • August 18th, 2008 • Novastar Financial Inc • Real estate investment trusts • Delaware
THIS SECOND AMENDED AND RESTATED TRUST AGREEMENT, dated as of September [_], 2005 (as amended and restated, the “Trust Agreement”), among (i) NovaStar Mortgage, Inc., a Virginia corporation (including any successors or permitted assigns, the “Depositor”), (ii) JPMorgan Chase Bank, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Chase Bank USA, National Association, a national banking 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 he
