FIFTH AMENDMENT TO RECEIVABLES LOAN AND SECURITY AGREEMENTReceivables Loan and Security Agreement • August 11th, 2008 • Resource America Inc • Investors, nec • New York
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 11th, 2008 • Resource America Inc • Investors, nec • Pennsylvania
This THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (“Amendment”), dated August 7, 2008, but effective as of June 30, 2008, is among Resource America, Inc., a Delaware corporation (“Borrower”), TD BANK, N.A. (successor by merger to Commerce Bank, N.A.), a national banking association, in its capacity as agent (“Agent”), TD BANK, N.A. (successor by merger to Commerce Bank, N.A.), a national banking association, in its capacity as issuing bank (“Issuing Bank”) and each of the financial institutions which are now or hereafter identified as Lenders on Schedule A (as such Schedule may be amended, modified or replaced from time to time) attached to the Loan Agreement (as defined below), (each such financial institution, individually each being a “Lender” and collectively all being “Lenders”).
MORGAN STANLEY BANKResource America Inc • August 11th, 2008 • Investors, nec
This Fee Letter is the fee letter referred to in Section 2.08(a) of the RLSA and sets forth the understanding of the parties hereto with respect to certain fees that are payable by the Borrower in connection with the financing provided by the Lenders pursuant to the RLSA. This Fee Letter amends and restates that certain fee letter, dated as of October 31, 2006, among the parties hereto (the “Existing Fee Letter”), and after the date hereof, all references in any Transaction Document to the Fee Letter shall be deemed references to this Fee Letter. This Fee Letter is not intended to constitute a novation of the Existing Fee Letter, and all fees that have accrued under the Existing Fee Letter up to the date hereof shall be payable as and when required in accordance with the terms thereof.
