EMPLOYMENT AGREEMENT of ROBERT T. CLEMMENSEmployment Agreement • March 10th, 2009 • NewStar Financial, Inc. • Finance lessors • Massachusetts
EMPLOYMENT AGREEMENT (this “Agreement”), dated as of December 8, 2006 and effective as of the Effective Date (as defined below), between NEWSTAR FINANCIAL, INC., a Delaware corporation (the “Company”), and Robert T. Clemmens (“Executive”).
AMENDED AND RESTATED SALE AND SERVICING AGREEMENT among NEWSTAR FINANCIAL, INC., as Servicer and as Seller NEWSTAR WAREHOUSE FUNDING 2005 LLC, as Purchaser and LYON FINANCIAL SERVICES, INC., d/b/a U.S. Bank Portfolio Services as Backup Servicer Dated...Sale and Servicing Agreement • March 10th, 2009 • NewStar Financial, Inc. • Finance lessors • New York
AMENDED AND RESTATED SALE AND SERVICING AGREEMENT, dated as of December 30, 2005, as AMENDED AND RESTATED as of November 19, 2008 (as it may be further amended, modified or supplemented from time to time, this “Agreement”), among NEWSTAR FINANCIAL, INC, a Delaware corporation (“NewStar Financial”), as seller (in such capacity, “Seller”) and as servicer (in such capacity, “Servicer”), NEWSTAR WAREHOUSE FUNDING 2005 LLC, a Delaware limited liability company (“NewStar LLC”), as purchaser (in such capacity, “Purchaser”) and LYON FINANCIAL SERVICES, INC., d/b/a U.S. Bank Portfolio Services, a national banking association (“USBPS”), as backup servicer (in such capacity, “Backup Servicer”).
NOTE PURCHASE AGREEMENT by and among NEWSTAR WAREHOUSE FUNDING 2005 LLC, as Issuer NEWSTAR FINANCIAL, INC., as Seller and Servicer EACH OF THE INVESTORS FROM TIME TO TIME PARTY HERETO EACH OF THE LIQUIDITY BANKS FROM TIME TO TIME PARTY HERETO and...Note Purchase Agreement • March 10th, 2009 • NewStar Financial, Inc. • Finance lessors • New York
NOTE PURCHASE AGREEMENT, dated as of November 19, 2008 (as amended, supplemented and otherwise modified from time to time, this “Agreement”), by and among NEWSTAR WAREHOUSE FUNDING 2005 LLC, a Delaware limited liability company, as issuer (“Issuer”), NEWSTAR FINANCIAL, INC., a Delaware corporation, as seller (in such capacity, “Seller”) and as servicer (in such capacity, “Servicer”), each of the INVESTORS from time to time party hereto (together with their respective successors and assigns, each an “Investor” and collectively, “Investors”), each of the LIQUIDITY BANKS from time to time party hereto (together with their respective successors and assigns, each a “Liquidity Bank” and collectively, “Liquidity Banks”) and CITICORP NORTH AMERICA, INC., as administrative agent for the Investors and the Liquidity Banks (in such capacity, together with its successors and assigns, the “Note Purchaser Agent”).
AMENDMENT NO. 1 TO THE SECOND AMENDED AND RESTATED SALE AND SERVICING AGREEMENTServicing Agreement • March 10th, 2009 • NewStar Financial, Inc. • Finance lessors • New York
THIS AMENDMENT NO 1. TO THE SECOND AMENDED AND RESTATED SALE AND SERVICING AGREEMENT, dated as of December 30, 2008 (this “Amendment”), is entered into in connection with that certain Second Amended and Restated Sale and Servicing Agreement, dated as of April 18, 2008 (such agreement as amended, modified, supplemented, waived or restated from time to time, the “Agreement”), by and among NEWSTAR CP FUNDING LLC, a Delaware limited liability company, as the seller (together with its successors and assigns in such capacity, the “Seller”), NEWSTAR FINANCIAL, INC., a Delaware corporation (together with its successors and assigns, the “Company”), 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”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Wachovia”), as the Swingline Purchaser, each o
SIXTH AMENDMENT & WAIVER TO SECURED LOAN AND SERVICING AGREEMENTLoan and Servicing Agreement • March 10th, 2009 • NewStar Financial, Inc. • Finance lessors • New York
THIS SIXTH AMENDMENT & WAIVER, dated as of January 24, 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 Associa
