AMENDMENT NO. 2 TO THE SECOND AMENDED AND RESTATED SALE AND SERVICING AGREEMENTSale and Servicing Agreement • April 20th, 2009 • NewStar Financial, Inc. • Finance lessors • New York
Contract Type FiledApril 20th, 2009 Company Industry JurisdictionTHIS AMENDMENT NO. 2 TO THE SECOND AMENDED AND RESTATED SALE AND SERVICING AGREEMENT, dated as of April 17, 2009 (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 of t