ESCROW AGREEMENTEscrow Agreement • November 18th, 2009 • Finova Group Inc • Short-term business credit institutions • New York
THIS ESCROW AGREEMENT (this “Agreement”) is made this 17th day of November, 2009, by and among THE FINOVA GROUP INC. (“Finova”), THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York), acting not in its individual capacity but solely as trustee under that certain Indenture, dated as of August 21, 2001 (the “Indenture”) (in such capacity, the “Indenture Trustee”), and WILMINGTON TRUST COMPANY, acting not in its individual capacity but solely as trustee under that certain Collateral Trust Agreement, dated as of August 21, 2001 (the “Collateral Trust Agreement”) (in such capacity, “Collateral Trustee” and, hereunder, the “Escrow Agent”). Capitalized terms used herein and not otherwise defined have the meanings assigned to them in the Collateral Trust Agreement or, if not defined therein, the Indenture.
