DEBTOR-IN-POSSESSION LOAN AND SECURITY AGREEMENTPossession Loan and Security Agreement • August 16th, 2023 • Novation Companies, Inc. • Real estate agents & managers (for others) • Delaware
THIS DEBTOR-IN-POSSESSION LOAN AND SECURITY AGREEMENT, dated as of August 4, 2023 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), is entered into by and among Novation Companies, Inc., a Maryland corporation (“NCI”), Novation Holding, Inc., a Delaware corporation (“Holdings”), Healthcare Staffing, Inc., a Georgia corporation (“HCS”), and NovaStar Mortgage LLC, a Virginia limited liability company (“NSM” and together with NCI, Holdings and HCS, individually and collectively, the “Borrower” or the “Debtor”), certain Subsidiaries of the Borrower that may become party hereto from time to time (the “Subsidiary Guarantors”), the Lenders set forth on the signature pages hereto (the “Lenders”), and Nighthawks Holdings I, LLC, a Delaware limited liability company, as a Lender and as administrative agent for the benefit of the Lenders (in its capacity as administrative agent, together with its assignees and successors and any
