EXHIBIT 99.2 SHAREHOLDERS AGREEMENT AND IRREVOCABLE PROXY, dated June 28, 2000, by and among Tari Watkins, as Trustee under the Tari M. Watkins Revocable Trust, dated March 27, 1998 ("Trustee"), having an address at 15230 Vali Hai Road, Poway,...Shareholders Agreement • August 11th, 2000 • Newtek Capital Inc
SHAREHOLDERS AGREEMENT AND IRREVOCABLE PROXY, dated June 28, 2000, by and among Tari Watkins, as Trustee under the Tari M. Watkins Revocable Trust, dated March 27, 1998 ("Trustee"), having an address at 15230 Vali Hai Road, Poway, California 90264, Arthur L. Asch, an individual resident in Sands Point, New York ("A. Asch"), and Michael A. Asch, an individual resident in New York, New York ("M. Asch"). Trustee, A. Asch and M. Asch are holders of record of common stock, $.02 par value ("Shares"), of REXX Environmental Corporation, a New York corporation ("REXX").
RECITALSGuaranty Agreement • March 31st, 2003 • Newtek Business Services Inc • Finance services • New York
MANAGEMENT SERVICES AGREEMENT AGREEMENT by and between Sharp Management, LLC, , a New York limited liability company (together with its successors and permitted assigns, "Sharp"), and Whitestone Group, LLC, New York, New York, a New York limited...Management Services Agreement • August 11th, 2000 • Newtek Capital Inc • New York
EMPLOYMENT AGREEMENT WITH BARRY SLOANEEmployment Agreement • March 31st, 2003 • Newtek Business Services Inc • Finance services • New York
VOTING AGREEMENTVoting Agreement • August 11th, 2000 • Newtek Capital Inc • New York
EXHIBIT 10.1 NEWTEK BUSINESS SERVICES, INC. EMPLOYMENT AGREEMENT WITH JEFFREY G. RUBIN PREAMBLE. This Agreement entered into this 6th day of March 2003, by and between Newtek Business Services, Inc. (the "Company") and Jeffrey G. Rubin (the...Employment Agreement • March 31st, 2003 • Newtek Business Services Inc • Finance services • New York
NEWTEK CAPITAL, INC. Date of Grant 2000 STOCK INCENTIVE AND DEFERRED COMPENSATION PLAN COMMITTEENewtek Capital Inc • December 15th, 2000 • Finance services
EXHIBIT 99.2Newtek Capital Inc • December 15th, 2000 • Finance services
PLAN OF MERGERPlan of Merger • August 11th, 2000 • Newtek Capital Inc • New York
AGREEMENT AND PLAN OF MERGER among NEWTEK CAPITAL, INC., WILSHIRE NEW YORK PARTNERS III, L.L.C., COMCAP HOLDINGS CORP. CHARLES FREEMAN and CRAIG REYNOLDS, THE MAJORITY STOCKHOLDERS OF COMCAP HOLDINGS CORP. and THE GREEN FAMILY ENTITIES, and to be...Escrow Agreement • October 2nd, 2002 • Newtek Capital Inc • Finance services • New York
NEWTEK CAPITAL, INC. ----------------------------- Employment Agreement with Brian A. Wasserman ----------------------------- PREAMBLE. This Agreement entered into this ____ day of __________ 1999, by and between Newtek Capital, Inc. (the "Company")...Employment Agreement • August 11th, 2000 • Newtek Capital Inc • New York
NEWTEK BUSINESS SERVICES, INC. Employment Agreement with Craig J. BrunetEmployment Agreement • March 31st, 2014 • Newtek Business Services, Inc. • Services-business services, nec • New York
PREAMBLE. This Agreement entered into this 18th day of March 2014, by and between Newtek Business Services, Inc. (the “Company”) and CRAIG J. BRUNET (the “Executive”), effective immediately.
NEWTEK BUSINESS SERVICES, INC. Employment Agreement with Craig J. BrunetNewtek Business Services, Inc. • May 9th, 2013 • Services-business services, nec • New York
PREAMBLE. This Agreement entered into this 29th day of March 2013, by and between Newtek Business Services, Inc. (the “Company”) and CRAIG J. BRUNET (the “Executive”), effective immediately.
] Shares of Common Stock NEWTEK BUSINESS SERVICES, INC. UNDERWRITING AGREEMENT June , 2004Underwriting Agreement • June 28th, 2004 • Newtek Business Services Inc • Finance services • New York
Newtek Business Services, Inc., a corporation organized and existing under the laws of New York (the “Company”), confirms its agreement, subject to the terms and conditions set forth herein, with each of the underwriters listed on Exhibit A hereto (collectively, the “Underwriters”), for whom Roth Capital Partners, LLC and Maxim Group LLC are acting as representatives (in such capacity, the “Representatives”), to sell and issue to the Underwriters an aggregate of [ ] shares (the “Firm Shares”) of its common stock, par value $0.02 per share (the “Common Stock”). In addition, the Company, on a first priority basis, and the shareholders of the Company listed on Schedule B hereto (the “Selling Shareholders”), on a second priority basis, propose to sell to the Underwriters, upon the terms and conditions set forth in Section 3 hereof, an aggregate additional amount of [ ] shares of Common Stock (the “Additional Shares”). The Firm Shares and any Additional Shares purchased by the Underwriters
THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT NEWTEK SMALL BUSINESS FINANCE, INC. (as Borrower) and CAPITAL ONE, NATIONAL ASSOCIATION (as Lender) Dated as of October 29, 2014Loan and Security Agreement • October 30th, 2014 • Newtek Business Services, Inc. • Services-business services, nec • New York
This Third Amended and Restated Loan and Security Agreement (as the same may be amended, modified, or restated from time to time, this “Agreement”) is dated as of October 29, 2014 by and between NEWTEK SMALL BUSINESS FINANCE, INC., a New York corporation (“Borrower”), and CAPITAL ONE, NATIONAL ASSOCIATION (“Lender”).
CLASS A NOTENewtek Business Services, Inc. • January 5th, 2012 • Services-business services, nec • New York
THIS NOTE DOES NOT EVIDENCE AN OBLIGATION OF OR AN INTEREST IN, AND, EXCEPT FOR THE LIMITED GUARANTY PROVIDED BY THE GUARANTOR UNDER THE NBS GUARANTY AGREEMENT, IS NOT GUARANTEED BY, THE ISSUER, THE DEPOSITOR, THE SELLER, THE SERVICER, THE BACK-UP SERVICER, THE INDENTURE TRUSTEE, THE OWNER TRUSTEE, THE ADMINISTRATOR OR ANY AFFILIATE OF ANY OF THEM AND IS NOT INSURED OR GUARANTEED BY ANY GOVERNMENTAL AGENCY OR PRIVATE INSURER.
CREDIT AND SECURITY AGREEMENT BY AND BETWEEN CDS BUSINESS SERVICES, INC. AND WELLS FARGO BANK, NATIONAL ASSOCIATION Acting through its Wells Fargo Business Credit operating division February 27, 2007Credit and Security Agreement • August 14th, 2007 • Newtek Business Services Inc • Finance services • New York
CDS BUSINESS SERVICES, INC., a Delaware corporation (the “Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (as more fully defined in Article I herein, the “Lender”) acting through its Wells Fargo Business Credit operating division, hereby agree as follows:
NEWTEK BUSINESS SERVICES, INC. Employment Agreement with Jennifer EddelsonEmployment Agreement • March 31st, 2014 • Newtek Business Services, Inc. • Services-business services, nec • New York
PREAMBLE. This Agreement entered into this 17 day of March 2014, by and between Newtek Business Services, Inc. (the “Company”) and JENNIFER C. EDDELSON (the “Executive”), effective immediately.
GUARANTY (Corporate)Newtek Business Services Inc • March 3rd, 2011 • Services-business services, nec • New York
FOR VALUE RECEIVED, and in consideration of loans made or to be made or credit otherwise extended or to be extended by STERLING NATIONAL BANK (“Sterling”), each of the financial institutions (together with Sterling, collectively, “Lenders”) named in or which hereafter become a party to the Loan Agreement (as hereinafter defined) and Sterling, as agent for Lenders (in such capacity, “Agent”) to or for the account of CDS Business Services, Inc. (“Borrower”) from time to time and at any time and for other good and valuable consideration and to induce Agent and Lenders, in their discretion, to make such loans or extensions of credit and to make or grant such renewals, extensions, releases of collateral or relinquishments of legal rights as Agent and Lenders may deem advisable, the undersigned (and each of them if more than one, the liability under this Guaranty being joint and several) unconditionally guaranties to Agent for its own benefit and for the ratable benefit of Lenders, their suc
Employment Agreement with Jeffrey G. RubinEmployment Agreement • May 10th, 2006 • Newtek Business Services Inc • Finance services • New York
PREAMBLE. This Agreement entered into this 30th day of June 2005, by and between Newtek Business Services, Inc. (the “Company”) and Jeffrey G. Rubin (the “Executive”), effective immediately.
Employment Agreement with Barry SloaneNewtek Business Services • July 14th, 2006 • Newtek Business Services Inc • Finance services • New York
PREAMBLE. This Agreement entered into this 30th day of June 2006, by and between Newtek Business Services, Inc. (the “Company”) and Barry Sloane (the “Executive”), effective immediately.
Employment Agreement with Brian A. WassermanNewtek Business Services Inc • June 28th, 2004 • Finance services • New York
PREAMBLE. This Agreement entered into this 14th day of May 2004, by and between Newtek Business Services, Inc. (the “Company”) and Brian A. Wasserman (the “Executive”), effective immediately.
NEWTEK BUSINESS SERVICES, INC. Employment Agreement with Jennifer EddelsonNewtek Business Services, Inc. • August 6th, 2012 • Services-business services, nec • New York
PREAMBLE. This Agreement entered into this 1st day of June, 2012, by and between Newtek Business Services, Inc. (the “Company”) and JENNIFER EDDELSON (the “Executive”), effective immediately.
Employment Agreement with John R. CoxNewtek Business Services Inc • June 28th, 2004 • Finance services • New York
PREAMBLE. This Agreement entered into this 23rd day of August, 2002, by and between Small Business Funding, Inc. (the “Company”) and John R. Cox (the “Executive”), effective immediately.
June 28, 2000 Greg S. Watkins Daren J. Barone Watkins Contracting, Inc. 5490 Complex Street, Suite 603 San Diego, CA 92123 Re: Stock Purchase Agreement dated June 10, 1999 and Letter Agreements dated November 29, 1999, January 6, 2000 and April 27,...Newtek Capital Inc • August 11th, 2000
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • May 5th, 2010 • Newtek Business Services Inc • Services-business services, nec
THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of the 30th day of April, 2010, by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 (the “Guarantor”), in favor of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (“Lender”).
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • December 20th, 2010 • Newtek Business Services Inc • Services-business services, nec
THIS GUARANTY OF PAYMENT AND PERFORMANCE (this "Guaranty") is made as of December 15, 2010, by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 ("Guarantor"), in favor of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 ("Lender").
PLEDGE AGREEMENTPledge Agreement • October 23rd, 2007 • Newtek Business Services Inc • Finance services • New York
PLEDGE AGREEMENT (together with all amendments, supplements and modifications, if any, from time to time hereto, this “Agreement”), dated as of October 19, 2007 between NEWTEK BUSINESS SERVICES, INC., a New York corporation (the “Pledgor”) and NORTH FORK BANK, a division of Capital One, N.A., individually as Lender (“Lender”).
AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • June 21st, 2011 • Newtek Business Services Inc • Services-business services, nec
THIS AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of June 16, 2011 by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 (“Guarantor”), in favor of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (“Lender”).
CREDIT AGREEMENT Dated as of August 31, 2005 among NEWTEK SMALL BUSINESS FINANCE, INC. as Borrower, THE OTHER CREDIT PARTIES SIGNATORY HERETO, as Credit Parties, and GENERAL ELECTRIC CAPITAL CORPORATION, as LenderCredit Agreement • September 7th, 2005 • Newtek Business Services Inc • Finance services • New York
This CREDIT AGREEMENT (this “Agreement”), dated as of August 31, 2005 among NEWTEK SMALL BUSINESS FINANCE, INC., a New York corporation (“Borrower”); the other Credit Parties signatory hereto; and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, “GE Capital”), as Lender.
NEWTEK BUSINESS SERVICES, INC. Amendment to Employment Agreement with Craig J. BrunetEmployment Agreement • December 28th, 2007 • Newtek Business Services Inc • Finance services
PREAMBLE. This Amendment entered into this 21st day of December 2007, by and between Newtek Business Services, Inc. (the “Company”) and Craig J. Brunet (the “Executive”), effective January 1, 2008.
GUARANTY OF PAYMENT AND PERFORMANCEPayment and Performance • October 23rd, 2007 • Newtek Business Services Inc • Finance services
THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of the 19th day of October, 2007, by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 (the “Guarantor”), in favor of North Fork Bank, a division of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (“Lender”).
FIFTH AMENDMENT AND CONSENT TO CREDIT AGREEMENTCredit Agreement • July 23rd, 2009 • Newtek Business Services Inc • Services-business services, nec • New York
This FIFTH AMENDMENT AND CONSENT TO CREDIT AGREEMENT, dated as of July 21, 2009 (this “Amendment”), to the Credit Agreement referred to below, by and among NEWTEK SMALL BUSINESS FINANCE, INC., a New York corporation (“Borrower”), the other Credit Parties signatory thereto and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Lender”).
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 11th, 2012 • Newtek Business Services, Inc. • Services-business services, nec • New York
THIS AMENDMENT NO. 1 (this “Amendment”) is entered into as of December 5, 2012 by and between CDS BUSINESS SERVICES, INC, (“Borrower”) a Delaware corporation, the Lenders signatory hereto (each a “Lender” and collectively the “Lenders”) and STERLING NATIONAL BANK in its capacity as administrative and collateral agent (“Agent”).
CAPITAL ONE, NATIONAL ASSOCIATION MELVILLE, NEW YORK 11747 October 29, 2014Newtek Business Services, Inc. • October 30th, 2014 • Services-business services, nec • New York
Reference is made to the referenced Third Amended and Restated Loan and Security Agreement dated the date hereof (the “Credit Agreement”) between Capital One, National Association (the “Lender”) and Newtek Small Business Finance, Inc. (the “Borrower”). Reference is also made to the Amended and Restated Guaranty of Payment and Performance dated as of June 16, 2011 (as amended to date, the “Guaranty”) of Newtek Business Services, Inc. (the “Guarantor”) in favor of Lender, and the Amended and Restated Security Agreement dated as of June 16, 2011 (as amended to date, the “Security Agreement”) between the Guarantor and Lender. Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Credit Agreement.
