SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of January 12, 2010 Among THE FINANCIAL INSTITUTIONS NAMED HEREIN as the Lenders and BANK OF AMERICA, N.A. as the Agent and NICHOLAS FINANCIAL, INC. as the BorrowerLoan and Security Agreement • February 16th, 2010 • Nicholas Financial Inc • Short-term business credit institutions • New York
Second Amended and Restated Loan and Security Agreement, dated as of January 12, 2010 (this “Agreement”), among the financial institutions listed on the signature pages hereof (such financial institutions, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), Bank of America, N.A. with an office at 335 Madison Avenue, New York, New York 10017, as agent for the Lenders (in its capacity as agent, the “Agent”), and Nicholas Financial, Inc., a Florida corporation, with offices at 2454 McMullen Booth Road, Building C, #501, Clearwater, Florida 33759-1340 (the “Borrower”).
NICHOLAS FINANCIAL, INC. Automobile Dealer Retail AgreementRetail Agreement • February 16th, 2010 • Nicholas Financial Inc • Short-term business credit institutions
The undersigned Dealer proposes to sell to the undersigned Nicholas Financial, Inc. (NFI), from time to time, Promissory Notes, Security Agreements, Retail Installment contracts, Conditional Sales Contracts, or other instruments hereinafter referred to as “Contracts”, evidencing installment payment obligations owing Dealer arising from the time sale of motor vehicle(s) and secured by such Contracts. It is understood that NFI shall have the sole discretion to determine which Contracts it will purchase from Dealer.
