PAYMENT AGREEMENT AND RELEASEPayment Agreement and Release • March 23rd, 2010 • Deerfield Capital Corp. • Finance services • New York
This PAYMENT AGREEMENT AND RELEASE (this “Agreement”) is entered into as of March 22, 2010, by and among Deerfield & Company LLC, an Illinois limited liability company (the “Issuer”), Deerfield Capital Corp., a Maryland corporation (“DFR”), each of the holders listed on Schedule A attached hereto (each a “Series A Holder” and collectively, the “Series A Holders”) and each of the holders listed on Schedule B attached hereto (each a “Series B Holder” and collectively, the “Series B Holders”) (each Series A Holder and Series B Holder shall be referred to herein as a “Holder” and collectively, the “Holders”), Wendy’s/Arby’s Group, Inc. (formerly known as Triarc Companies, Inc.) (“WAG”), as collateral agent under the Series A Purchase Agreement (as defined below)(in such capacity, the “Series A Collateral Agent”), WAG, as administrative holder under the Series A Purchase Agreement (in such capacity, the “Series A Administrative Holder” and together with the Series A Collateral Agent, collec
