FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 30th, 2009 • Alesco Financial Inc • Real estate investment trusts • Pennsylvania
This FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (“Amendment”) is dated as of September 30, 2009, by and among COHEN BROTHERS, LLC, a Delaware limited liability company (“Borrower”), each of the Subsidiary Guarantors a party hereto; TD BANK, N.A., a national banking association, in its capacity as agent (“Agent”), TD BANK, N.A. in its capacity as issuing bank (“Issuing Bank”) and each of the financial institutions which are now or hereafter identified as Lenders on Exhibit A (as such Exhibit may be amended, modified or replaced from time to time) attached to the Loan Agreement (as defined below), (such financial institutions, collectively the “Lenders” and each individually a “Lender”).
Cohen & Company Letterhead]Alesco Financial Inc • September 30th, 2009 • Real estate investment trusts • New York
Reference is made to (i) the Management Agreement, dated as of January 31, 2006 (as amended from time to time, the “Management Agreement”), by and between Alesco Financial Trust (predecessor in interest to Alesco Financial Inc. (“AFN”)) and Cohen Brothers Management, LLC (the “Manager”) and (ii) the Agreement and Plan of Merger, dated as of February 20, 2009, by and among AFN, Cohen & Company and Fortune Merger Sub, LLC, (as amended from time to time, the “Merger Agreement”).
