EXHIBIT 10.4 ================================================================== ============== AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • July 2nd, 1997 • First Merchants Acceptance Corp • Personal credit institutions • Delaware
1 EXHIBIT 10.2 CUSTODIAN AGREEMENT CUSTODIAN AGREEMENT (the "Agreement") dated as of June 17, 1997 among GREENWICH CAPITAL FINANCIAL PRODUCTS, INC. (the "Purchaser"), FIRST MERCHANTS ACCEPTANCE CORPORATION as seller under the Purchase Agreement (as...Custodian Agreement • July 2nd, 1997 • First Merchants Acceptance Corp • Personal credit institutions • New York
R E C I T A L SLoan and Security Agreement • March 31st, 1997 • First Merchants Acceptance Corp • Personal credit institutions • Illinois
1 EXHIBIT 10.1 SERVICING AGREEMENTServicing Agreement • July 2nd, 1997 • First Merchants Acceptance Corp • Personal credit institutions • New York
1 EXHIBIT 10.3 SALE AND SERVICING AGREEMENTSale and Servicing Agreement • July 2nd, 1997 • First Merchants Acceptance Corp • Personal credit institutions • New York
INDENTURE between FIRST MERCHANTS AUTO TRUST 1997-2, as Issuer andFirst Merchants Acceptance Corp • July 2nd, 1997 • Personal credit institutions • New York
1 EXHIBIT 10.48 FIRST MERCHANTS ACCEPTANCE CORPORATION Subordinated Reset Notes Due 2006 UNDERWRITING AGREEMENTFirst Merchants Acceptance Corp • March 31st, 1997 • Personal credit institutions • Tennessee
2 3 Prospectus and any amendments or supplements thereto will contain all statements which are required to be stated therein in accordance with the Securities Act, the Exchange Act, the Trust Indenture Act and the Rules and Regulations and will comply...First Merchants Acceptance Corp • October 11th, 1996 • Personal credit institutions • Tennessee
INDENTURE between FIRST MERCHANTS AUTO TRUST 1997-1, as Issuer and HARRIS TRUST AND SAVINGS BANK, as Indenture Trustee Dated as of March 1, 1997Indenture • April 15th, 1997 • First Merchants Acceptance Corp • Personal credit institutions • New York
May 8, 1997 First Merchants Acceptance Corporation 570 Lake Cook Road, Suite 126 Deerfield, IL 60015 Attention: Norman Smagley Re: LaSalle National Bank - First Merchants Acceptance Corporation Dear Mr. Smagley: Reference is hereby made to that...First Merchants Acceptance Corp • May 23rd, 1997 • Personal credit institutions
Reference is hereby made to that certain Fourth Amended and Restated Loan and Security Agreement dated as of February 28, 1996, among First Merchants Acceptance Corporation ("Borrower"), LaSalle National Bank as Agent ("Agent"), and the other Lenders who are parties thereto (as heretofore and from time to time hereafter amended or supplemented, the "Loan Agreement"), and all documents, instruments and agreements executed and delivered thereunder or in connection therewith (hereinafter, together with the Loan Agreement, referred to collectively as the "Credit Agreements"). Initial capitalized terms used herein which are not otherwise defined herein, shall have the meanings provided therefor in the Credit Agreements. Agent, on behalf of the Lenders, has previously advised Borrower and Borrower has acknowledged that it is in default of various terms and conditions of the Loan Agreement. Representatives of Borrower have requested that Agent and Lenders grant Borrower time in which to effec
AND LASALLE NATIONAL BANK TRUSTEE INDENTUREFirst Merchants Acceptance Corp • March 31st, 1997 • Personal credit institutions • Illinois
AND LASALLE NATIONAL BANK TRUSTEE INDENTUREFirst Merchants Acceptance Corp • October 11th, 1996 • Personal credit institutions • Illinois
1 EXHIBIT 2.1 RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • July 2nd, 1997 • First Merchants Acceptance Corp • Personal credit institutions • New York
EXECUTION COPY RECEIVABLES PURCHASE AGREEMENT between FIRST MERCHANTS ACCEPTANCE CORPORATION, as Seller, and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., as Purchaser Dated as of May 12, 1997Receivables Purchase Agreement • May 23rd, 1997 • First Merchants Acceptance Corp • Personal credit institutions • New York
SALE AND SERVICING AGREEMENT among FIRST MERCHANTS AUTO TRUST 1996-C, Issuer, FIRST MERCHANTS AUTO RECEIVABLES CORPORATION II, Seller, and FIRST MERCHANTS ACCEPTANCE CORPORATION, Servicer and HARRIS TRUST AND SAVINGS BANK, Indenture Trustee,...Sale and Servicing Agreement • December 31st, 1996 • First Merchants Acceptance Corp • Personal credit institutions • New York
RECEIVABLES PURCHASE AGREEMENT between FIRST MERCHANTS ACCEPTANCE CORPORATION, as Seller, and FIRST MERCHANTS AUTO RECEIVABLES CORPORATION II, as Purchaser Dated as of December 1, 1996Receivables Purchase Agreement • December 31st, 1996 • First Merchants Acceptance Corp • Personal credit institutions • New York
INDENTURE between FIRST MERCHANTS AUTO TRUST 1996-C, as Issuer and HARRIS TRUST AND SAVINGS BANK, as Indenture Trustee Dated as of December 1, 1996Indenture • December 31st, 1996 • First Merchants Acceptance Corp • Personal credit institutions • New York
AMENDED AND RESTATED TRUST AGREEMENT between FIRST MERCHANTS AUTO RECEIVABLES CORPORATION II, as Depositor, and CHASE MANHATTAN BANK DELAWARE, as Owner Trustee Dated as of December 1, 1996 TABLE OF CONTENTS ARTICLE I Definitions SECTION...Trust Agreement • December 31st, 1996 • First Merchants Acceptance Corp • Personal credit institutions • Delaware
ANDFirst Merchants Acceptance Corp • January 28th, 1998 • Personal credit institutions • New York
REMOTE OUTSOURCING AGREEMENT by and between ALLTEL FINANCIAL INFORMATION SERVICES, INC. and FIRST MERCHANTS ACCEPTANCE CORPORATION June 1, 1996 TABLE OF CONTENTS PAGE 1. SCOPE OF SERVICES, DESCRIPTION OF EXHIBITS.1 1.1 SERVICES 1.2 EXHIBITS 2. TERM....Remote Outsourcing Agreement • November 18th, 1996 • First Merchants Acceptance Corp • Personal credit institutions • Arkansas
EXECUTION COPY RECEIVABLES PURCHASE AGREEMENT between FIRST MERCHANTS ACCEPTANCE CORPORATION, as Seller, and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., as Purchaser Dated as of May 8, 1997Receivables Purchase Agreement • May 23rd, 1997 • First Merchants Acceptance Corp • Personal credit institutions • New York
AMENDED AND RESTATED TRUST AGREEMENT between FIRST MERCHANTS AUTO RECEIVABLES CORPORATION II, as Depositor, and CHASE MANHATTAN BANK DELAWARE, as Owner Trustee Dated as of March 1, 1997 TABLE OF CONTENTS ARTICLE I Definitions SECTION 1.01. Capitalized...Trust Agreement • April 15th, 1997 • First Merchants Acceptance Corp • Personal credit institutions • Delaware
Certain confidential information has been omitted where indicated and filed separately with the Securities and Exchange Commission. EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into as of this 1st day of June, 1996, between FIRST MERCHANTS...Stock Option Agreement • November 18th, 1996 • First Merchants Acceptance Corp • Personal credit institutions • Illinois
ANDFirst Merchants Acceptance Corp • February 11th, 1998 • Personal credit institutions • New York
FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This First Amendment to Fourth Amended and Restated Loan and Security Agreement (this "Amendment") is dated as of the 1st day of May, 1996 by and among First Merchants...Loan and Security Agreement • November 18th, 1996 • First Merchants Acceptance Corp • Personal credit institutions • Illinois
RECEIVABLES PURCHASE AGREEMENT between FIRST MERCHANTS ACCEPTANCE CORPORATION, as Seller, and FIRST MERCHANTS AUTO RECEIVABLES CORPORATION II, as Purchaser Dated as of March 1, 1997Receivables Purchase Agreement • April 15th, 1997 • First Merchants Acceptance Corp • Personal credit institutions • New York
