0001193125-11-053160 Sample Contracts

LOAN AND SECURITY AGREEMENT NEWTEK SMALL BUSINESS FINANCE, INC. (as Borrower) and CAPITAL ONE, N.A. (as Lender) Dated as of December 15, 2010
Loan and Security Agreement • March 2nd, 2011 • Newtek Business Services Inc • Services-business services, nec

This Loan and Security Agreement (“Agreement”) is dated this 15th day of December, 2010, by and between NEWTEK SMALL BUSINESS FINANCE, INC., a New York corporation (“Borrower”), and CAPITAL ONE, N.A. (“Lender”).

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GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • March 2nd, 2011 • Newtek Business Services Inc • Services-business services, nec

THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of December 15, 2010, by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 (“Guarantor”), in favor of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (“Lender”).

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