GUARANTEEGuarantee • December 4th, 2015 • Excel Corp • Patent owners & lessors • Texas
GUARANTEE, dated as of November 30, 2015 (this “Guarantee”), but effective 11:59 p.m., New York time, on November 30, 2015, made by Excel Corporation, a Delaware corporation (the “Guarantor” or the “Company”), in favor of each of the lenders signatory hereto (the “Lenders”).
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 4th, 2015 • Excel Corp • Patent owners & lessors • Texas
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) is dated November 30, 2015, but effective as of 11:59 p.m., New York time, on November 30, 2015, by and among eVance Processing Inc., a Delaware corporation (the “Company”), and the lenders identified on the signature page hereof (such lenders are referred to herein individually and collectively as the “Lender”). All capitalized terms used in this Agreement, but not otherwise defined herein, are given the meanings set forth in the Purchase Agreement.
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • December 4th, 2015 • Excel Corp • Patent owners & lessors • Texas
THIS ASSET PURCHASE AGREEMENT (this “Agreement”), dated November 30, 2015, but effective as of 11:59 p.m., New York time, on November 30, 2015 (the “Effective Time”), among eVance Processing Inc., a Delaware corporation and wholly owned subsidiary of Excel Corporation (“Buyer”), Calpian, Inc., a Texas corporation (“Parent”), Calpian Residual Acquisition, LLC, a Nevada limited liability company (“CRA”), and Calpian Commerce, Inc., a Texas corporation and wholly-owned subsidiary of Parent (“CCI”). Parent, CRA and CCI are collectively referred to as the “Sellers.” Sellers and Buyer are collectively referred to as the “Parties.”
