TAXI MEDALLION LOAN TRUST III AMENDED AND RESTATED TRUST AGREEMENT By and between MEDALLION FUNDING CORP., as Depositor and U.S. BANK TRUST, N.A. as Owner Trustee and in its individual capacity but only to the limited extent expressly set forth herein...Trust Agreement • December 16th, 2008 • Medallion Financial Corp • Finance services
AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 12, 2008 (the “Trust Agreement”), by and between MEDALLION FUNDING CORP., a New York corporation (“Medallion Funding” or the “Depositor”) and U.S. BANK TRUST, N.A., a national banking association, in its individual capacity but only to the limited extent expressly set forth herein and as Owner Trustee of the trust known as TAXI MEDALLION LOAN TRUST III continued pursuant to Article II hereof (the “Trust”).
LOAN AND SECURITY AGREEMENT among TAXI MEDALLION LOAN TRUST III, as the Borrower AUTOBAHN FUNDING COMPANY LLC, as the Lender and DZ BANK AG DEUTSCHE ZENTRAL-GENOSSENSCHAFTSBANK, FRANKFURT AM MAIN, as the Agent Dated as of December 12, 2008Loan and Security Agreement • December 16th, 2008 • Medallion Financial Corp • Finance services • New York
THIS LOAN AND SECURITY AGREEMENT is made as of December 12, 2008, among TAXI MEDALLION LOAN TRUST III, a Delaware statutory trust, as the Borrower, AUTOBAHN FUNDING COMPANY LLC, a Delaware limited liability company, as the Lender, and DZ BANK AG DEUTSCHE ZENTRAL-GENOSSENSCHAFTSBANK, FRANKFURT AM MAIN, as the Agent.
MEDALLION LOAN SALE AND CONTRIBUTION AGREEMENT between MEDALLION FUNDING CORP., as Transferor, and TAXI MEDALLION LOAN TRUST III, as Transferee Dated as of December 12, 2008Loan Sale and Contribution Agreement • December 16th, 2008 • Medallion Financial Corp • Finance services • New York
The Transferee intends to finance the cost of purchasing Medallion Loans and Related Assets from the Transferor through borrowings under a Loan and Security Agreement dated as of December 12, 2008 (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), by and among the Transferee, Autobahn Funding Company LLC (the “Lender”), and DZ Bank AG Deutsche Zentral-Genossenschaftsbank, Frankfurt Am Main, as Agent (the “Agent”);
AMENDMENT TO AMENDED AND RESTATED REVOLVING LINE OF CREDIT PROMISSORY NOTERevolving Line of Credit Promissory Note • December 16th, 2008 • Medallion Financial Corp • Finance services • New York
This Amendment is entered into as of December 12, 2008 by and between the undersigned Borrower (the “Borrower”) and NEW YORK COMMERCIAL BANK (formerly known as ATLANTIC BANK OF NEW YORK) (the “Bank”).
PERFORMANCE GUARANTYPerformance Guaranty • December 16th, 2008 • Medallion Financial Corp • Finance services • New York
This PERFORMANCE GUARANTY (this “Guaranty”) is made as of the 12th day of December, by Medallion Financial Corp. (the “Guarantor”), in favor of Taxi Medallion Loan Trust III (the “Borrower”), Autobahn Funding Company LLC, as lender (the “Lender”), and DZ Bank AG Deutsche Zentral-Genossenschaftsbank, Frankfurt am Main, as agent (the “Agent”), in connection with (i) that certain Servicing Agreement, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Servicing Agreement”), by and among the Borrower, Medallion Funding Corp. (“Medallion Funding”), as servicer, and the Agent and (ii) that certain Mortgage Loan Purchase and Contribution Agreement, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”), by and between the Borrower, as transferee, and Medallion Funding, as transferor.
SERVICING AGREEMENT among MEDALLION FUNDING CORP., as Servicer, TAXI MEDALLION LOAN TRUST III, as Borrower, and DZ BANK AG DEUTSCHE ZENTRAL- GENOSSENSCHAFTSBANK, FRANKFURT AM MAIN, as Agent Dated as of December 12, 2008Servicing Agreement • December 16th, 2008 • Medallion Financial Corp • Finance services • New York
THIS SERVICING AGREEMENT, dated as of December 12, 2008 is entered into by and among TAXI MEDALLION LOAN TRUST III, having an address at 437 Madison Avenue, New York, New York 10022 (the “Borrower”), MEDALLION FUNDING CORP., having an address at 437 Madison Avenue, New York, New York 10022 (in such capacity, the “Servicer”), and DZ BANK AG DEUTSCHE ZENTRAL-GENOSSENSCHAFTSBANK, FRANKFURT AM MAIN, having an address at 609 5th Avenue, New York, New York 10017-1021 (the “Agent”).
LIMITED RECOURSE GUARANTYLimited Recourse Guaranty • December 16th, 2008 • Medallion Financial Corp • Finance services • New York
This GUARANTY (“Guaranty”) is made as of the 12th day of December, 2008, by Medallion Funding Corp. (the “Guarantor”), in favor of Autobahn Funding Company LLC, as lender (the “Lender”), and DZ Bank AG Deutsche Zentral-Genossenschaftsbank, Frankfurt am Main, as agent (the “Agent”), with respect to that certain Loan and Security Agreement, dated as the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), among Medallion Taxi Loan Trust III (the “Borrower”), the Lender and the Agent. Unless otherwise defined herein, capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement.
