PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • July 2nd, 2009 • Jackson Hewitt Tax Service Inc • Services-personal services • New York
THIS PLEDGE AND SECURITY AGREEMENT, dated as of the 27th day of April, 2009 (this “Agreement”), is made by JACKSON HEWITT TAX SERVICE INC., a Delaware corporation (the “Parent”), and by each of the undersigned Subsidiaries of the Parent and each other Subsidiary that, after the date hereof, executes an instrument of accession hereto substantially in the form of Exhibit C (a “Pledgor Accession”; the undersigned and such other Subsidiaries, collectively, together with the Parent, the “Pledgors”), in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders party to the Credit Agreement referred to below (in such capacity, the “Administrative Agent”), for the benefit of the Secured Parties (as hereinafter defined). Except as otherwise provided herein, capitalized terms used herein without definition have the meanings given to them in the Credit Agreement referred to below.
AGREEMENT FOR THIRD AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 2nd, 2009 • Jackson Hewitt Tax Service Inc • Services-personal services • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT, dated as of the 6th day of October, 2006, is made among JACKSON HEWITT TAX SERVICE INC., a Delaware corporation (the “Parent”), JACKSON HEWITT INC., a Virginia corporation (“Jackson Hewitt”), TAX SERVICES OF AMERICA, INC., a Delaware corporation (“Tax Services”), and HEWFANT INC., a Virginia corporation (“Hewfant” and collectively with the Parent, Jackson Hewitt and Tax Services, the “Borrowers” and each a “Borrower”), the Lenders (as hereinafter defined), WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders, BANK OF AMERICA, N.A. and CITIBANK, N.A., as Co-Syndication Agents for the Lenders, and JPMORGAN CHASE BANK, N.A. and PNC BANK, NATIONAL ASSOCIATION, as Co-Documentation Agents for the Lenders.
