0001193125-09-119343 Sample Contracts

AMENDMENT NO. 3 TO THE SECOND AMENDED AND RESTATED SALE AND SERVICING AGREEMENT
Sale and Servicing Agreement • May 27th, 2009 • NewStar Financial, Inc. • Finance lessors • New York

THIS AMENDMENT NO. 3 TO THE SECOND AMENDED AND RESTATED SALE AND SERVICING AGREEMENT, dated as of May 22, 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 the

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EIGHTH AMENDMENT TO SECURED LOAN AND SERVICING AGREEMENT
Secured Loan and Servicing Agreement • May 27th, 2009 • NewStar Financial, Inc. • Finance lessors • New York

THIS EIGHTH AMENDMENT, dated as of May 21, 2009 (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-7 Funding, LLC, as the lender (as successor by assignment from MMP-5 Funding, LLC, 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

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