Performance Capital Management Llc Sample Contracts

Performance Capital Management Llc – ACCOUNT PURCHASE AGREEMENT (January 22nd, 2010)

THIS ACCOUNT PURCHASE AGREEMENT is entered into effective January 15, 2010, by and between Performance Capital Management, LLC (“Seller") and Oliphant Financial Group, LLC ("Buyer"). Seller and Buyer are more specifically identified on the cover page to this Agreement, which is incorporated herein

Performance Capital Management Llc – ACCOUNT PURCHASE AGREEMENT (January 22nd, 2010)

THIS ACCOUNT PURCHASE AGREEMENT is entered into effective January 15, 2010, by and between Performance Capital Management, LLC (“Seller") and Oliphant Financial Group, LLC ("Buyer"). Seller and Buyer are more specifically identified on the cover page to this Agreement, which is incorporated herein

Performance Capital Management Llc – PURCHASE AND SALE AGREEMENT between Matterhorn Financial Services, LLC, as Seller - and - North Star Capital Acquisition LLC , as Buyer Dated and Effective as of January 8, 2010 (January 13th, 2010)

THIS PURCHASE AND SALE AGREEMENT (the "Agreement") is entered into this 8th day of January, 2010, by and between Matterhorn Financial Services, LLC, a California limited liability company, with an office and principal place of business at 7001 Village Drive, Suite 255, Buena Park, California 90621 ("Seller") and North Star Capital Acquisition LLC, a Minnesota LLC with an office and principal place of business at 170 North Pointe Parkway Suite 300 Amherst, NY 14228 ("Buyer").

Performance Capital Management Llc – AGREEMENT REGARDING LOAN (January 13th, 2010)

THIS AGREEMENT REGARDING LOAN (this “Transfer Agreement”) is dated and made effective as of January 7, 2010 by and among MATTERHORN FINANCIAL SERVICES LLC, a California limited liability company (“Borrower”), PERFORMANCE CAPITAL MANAGEMENT, LLC, a California limited liability company (“PCM”), and VÄRDE INVESTMENT PARTNERS, L.P., a Delaware limited partnership (“Lender”).

Performance Capital Management Llc – AGREEMENT REGARDING LOAN (January 13th, 2010)

THIS AGREEMENT REGARDING LOAN (this “Transfer Agreement”) is dated and made effective as of January 7, 2010 by and among MATTERHORN FINANCIAL SERVICES LLC, a California limited liability company (“Borrower”), PERFORMANCE CAPITAL MANAGEMENT, LLC, a California limited liability company (“PCM”), and VÄRDE INVESTMENT PARTNERS, L.P., a Delaware limited partnership (“Lender”).

Performance Capital Management Llc – AGENCY SERVICE AGREEMENT (January 13th, 2010)

This Agreement, dated the 5th day of January 2010, is between Performance Capital Management LLC a California Limited Liability Company with its principal place of business located at 7001 Village Dr Suite 255, Buena Park CA 90621 (hereinafter “Debt Owner”) and Oliphant Financial Group, LLC a Florida Limited Liability Company with its principal place of business located at 9009 Town Center Parkway, Lakewood Ranch, FL 34202 (“hereinafter “Agency”).

Performance Capital Management Llc – AGENCY SERVICE AGREEMENT (January 13th, 2010)

This Agreement, dated the 5th day of January 2010, is between Performance Capital Management LLC a California Limited Liability Company with its principal place of business located at 7001 Village Dr Suite 255, Buena Park CA 90621 (hereinafter “Debt Owner”) and Oliphant Financial Group, LLC a Florida Limited Liability Company with its principal place of business located at 9009 Town Center Parkway, Lakewood Ranch, FL 34202 (“hereinafter “Agency”).

Performance Capital Management Llc – PURCHASE AND SALE AGREEMENT between Matterhorn Financial Services, LLC, as Seller - and - North Star Capital Acquisition LLC , as Buyer Dated and Effective as of January 8, 2010 (January 13th, 2010)

THIS PURCHASE AND SALE AGREEMENT (the "Agreement") is entered into this 8th day of January, 2010, by and between Matterhorn Financial Services, LLC, a California limited liability company, with an office and principal place of business at 7001 Village Drive, Suite 255, Buena Park, California 90621 ("Seller") and North Star Capital Acquisition LLC, a Minnesota LLC with an office and principal place of business at 170 North Pointe Parkway Suite 300 Amherst, NY 14228 ("Buyer").

Performance Capital Management Llc – LEASE TERMINATION AGREEMENT (December 11th, 2009)
Performance Capital Management Llc – SECOND AMENDMENT TO MASTER LOAN AGREEMENT (May 29th, 2009)

THIS SECOND AMENDMENT TO MASTER LOAN AGREEMENT (this "Amendment") is made and entered into as of May 18, 2009 ("Amendment Effective Date"), by and among MATTERHORN FINANCIAL SERVICES LLC, a California limited liability company ("Borrower"), PERFORMANCE CAPITAL MANAGEMENT, LLC, a California corporation ("PCM"), VARDE INVESTMENT PARTNERS, L.P., a Delaware limited partnership ("Lender").

Performance Capital Management Llc – AGREEMENT OF EMPLOYMENT (August 14th, 2007)

THIS AGREEMENT OF EMPLOYMENT (“Agreement”) is made and entered into in duplicate this 11th day of July , 2007, by and between PERFORMANCE CAPITAL MANAGEMENT, LLC, a Limited Liability Company (“Employer”), and Darren S. Bard (“Executive”).

Performance Capital Management Llc – AGREEMENT OF EMPLOYMENT (August 14th, 2007)

THIS AGREEMENT OF EMPLOYMENT (“Agreement”) is made and entered into in duplicate this 11th day of July , 2007, by and between PERFORMANCE CAPITAL MANAGEMENT, LLC, a Limited Liability Company (“Employer”), and William D. Constantino (“Executive”).

Performance Capital Management Llc – AGREEMENT OF EMPLOYMENT (August 14th, 2007)

THIS AGREEMENT OF EMPLOYMENT (“Agreement”) is made and entered into in duplicate this 11th_ day of July 2007, by and between PERFORMANCE CAPITAL MANAGEMENT, LLC, a Limited Liability Company (“Employer”), and David J. Caldwell (“Executive”).

Performance Capital Management Llc – AMENDMENT TO MASTER LOAN AGREEMENT (August 14th, 2007)

THIS AMENDMENT TO MASTER LOAN AGREEMENT (this “Amendment”) is made and entered into as of June 1, 2007 (“Amendment Effective Date”), by and among MATTERHORN FINANCIAL SERVICES LLC, a California limited liability company (“Borrower”), PERFORMANCE CAPITAL MANAGEMENT, LLC, a California corporation (“PCM”), VÄRDE INVESTMENT PARTNERS, L.P., a Delaware limited partnership (“Lender”).

Performance Capital Management Llc – OFFICE LEASE AGREEMENT (November 14th, 2006)

CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND ARE DENOTED BY FIVE ASTERISKS ("*****"). THE CONFIDENTIAL PORTIONS HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. OFFICE LEASE AGREEMENT BY AND BETWEEN LBA REALTY FUND-HOLDING CO. II, LLC, A DELAWARE LIMITED LIABILITY COMPANY AS LANDLORD AND PERFORMANCE CAPITAL MANAGEMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS TENANT 7001 VILLAGE DRIVE, SUITES 200 AND 255 BUENA PARK, CALIFORNIA CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE CONFIDENTIAL PORTIONS HAVE BEEN RED

Performance Capital Management Llc – INDEMNIFICATION AGREEMENT (May 15th, 2006)

EXHIBIT 10.1 INDEMNIFICATION AGREEMENT THIS AGREEMENT OF EMPLOYMENT ("Agreement") is made and entered into in duplicate this 8th day of August , 2005 , by and between PERFORMANCE CAPITAL ----- -------- --- MANAGEMENT, L.L.C., a Limited Liability Company ("Employer"), and Edward Rucker ("Rucker") RECITALS A. Employer is a Limited Liability Company duly organized and validly existing pursuant to the laws of the State of California. B. Employer is in the business of acquiring, processing, servicing and collecting commercial and consumer indebtedness. C. Rucker is employed as Employer's Accounting Manager. D. Employer as additional consideration for RUCKER'S employment is entering into this Indemnification agreement per the following terms and conditions: 1. Employer shall i

Performance Capital Management Llc – MASTER LOAN AGREEMENT (July 29th, 2004)

MASTER LOAN AGREEMENT --------------------- THIS MASTER LOAN AGREEMENT (this "LOAN AGREEMENT") is made and entered -------------- into as of June 10, 2004, by and between MATTERHORN FINANCIAL SERVICES LLC, a California limited liability company ("BORROWER"), PERFORMANCE CAPITAL MANAGEMENT, LLC, a California limited liability company ("PCM"), and VARDE INVESTMENT PARTNERS, L.P., a Delaware --- limited partnership ("LENDER"). ------ RECITALS -------- Borrower desires that Lender make one or more Loans to finance Borrower's acquisition(s) of certain assets from various sellers. Lender is willing to make the Loans, up to an aggregate original principal amount of Twenty- five Million Dollars ($25,000,0

Performance Capital Management Llc – EMPLOYMENT CONTRACTS (October 22nd, 2003)

EMPLOYMENT CONTRACTS We have entered into employment agreements with certain of our executive officers, including each of the Named Executive Officers. The employment agreements provide for initial base salaries for David Caldwell, William Constantino, Darren Bard and Wendy Curran of $200,000, $135,000, $135,000 and $100,000, respectively. Base salaries are to be adjusted periodically by the Board of Directors. The four agreements provide for a $12,500 bonus payment in February and October 2002 for each of the officers. The agreements also provide for an annual bonus at the end of the first year of employment as follows: each shall share in an equal amount with all other executives the sum of the total of all executive annual salaries times two and one half percent for each and every percentage point for which the ratio of operating expenses to gross revenues derived directly from collection activity (e.g. sales revenues collections) is less

Performance Capital Management Llc – AGREEMENT OF EMPLOYMENT (April 25th, 2003)

EXHIBIT 10.4 AGREEMENT OF EMPLOYMENT THIS AGREEMENT OF EMPLOYMENT ("Agreement") is made and entered into in duplicate this 31 day of July , 200 2 , by and between PERFORMANCE CAPITAL -------- -------------- --- MANAGEMENT, LLC, a Limited Liability Company ("Employer"), and Wendy L. Curran ("Executive"). RECITALS A. Employer is a Limited Liability Company duly organized and validly existing pursuant to the laws of the State of California. B. Employer is in the business of acquiring, processing, servicing and collecting commercial and consumer indebtedness. C. Employer desires to employ Executive, subject to the terms and conditions specified in this Agreement. D. Executive hereby accepts employment with Employer as Chief Human Resource Officer of Employer, subject to the terms and

Performance Capital Management Llc – AGREEMENT OF EMPLOYMENT (April 25th, 2003)

EXHIBIT 10.1 AGREEMENT OF EMPLOYMENT THIS AGREEMENT OF EMPLOYMENT ("Agreement") is made and entered into in duplicate this 31 day of July , 200 2 , by and between PERFORMANCE CAPITAL -------- -------------- --- MANAGEMENT, LLC, a Limited Liability Company ("Employer"), and David J. Caldwell ("Executive"). RECITALS A. Employer is a Limited Liability Company duly organized and validly existing pursuant to the laws of the State of California. B. Employer is in the business of acquiring, processing, servicing and collecting commercial and consumer indebtedness. C. Employer desires to employ Executive, subject to the terms and conditions specified in this Agreement. D. Executive hereby accepts employment with Employer as Chief Operations Officer of Employer, subject to the terms and con

Performance Capital Management Llc – AGREEMENT OF EMPLOYMENT (April 25th, 2003)

EXHIBIT 10.2 AGREEMENT OF EMPLOYMENT THIS AGREEMENT OF EMPLOYMENT ("Agreement") is made and entered into in duplicate this 31 day of July , 200 2 , by and between PERFORMANCE CAPITAL -------- -------------- --- MANAGEMENT, LLC, a Limited Liability Company ("Employer"), and William D. Constantino ("Executive"). RECITALS A. Employer is a Limited Liability Company duly organized and validly existing pursuant to the laws of the State of California. B. Employer is in the business of acquiring, processing, servicing and collecting commercial and consumer indebtedness. C. Employer desires to employ Executive, subject to the terms and conditions specified in this Agreement. D. Executive hereby accepts employment with Employer as Chief Officer of Legal Affairs of Employer, subject to t

Performance Capital Management Llc – STANDARD OFFICE LEASE (April 25th, 2003)

EXHIBIT 10.1 STANDARD OFFICE LEASE BY AND BETWEEN ARDEN REALTY FINANCE PARTNERSHIP, L.P., a California limited partnership, AS LANDLORD, AND JAMES J. JOSEPH, AS CHAPTER 11 TRUSTEE FOR PERFORMANCE CAPITAL MANAGEMENT, INC., a California corporation, AS TENANT SUITE 400 ANAHEIM CITY CENTRE TABLE OF CONTENTS ----------------- PAGES ----- ARTICLE 1 Basic Lease Provisions . . . . . .

Performance Capital Management Llc – AGREEMENT OF EMPLOYMENT (April 25th, 2003)

EXHIBIT 10.3 AGREEMENT OF EMPLOYMENT THIS AGREEMENT OF EMPLOYMENT ("Agreement") is made and entered into in duplicate this 31 day of July , 200 2 , by and between PERFORMANCE CAPITAL -------- -------------- --- MANAGEMENT, LLC, a Limited Liability Company ("Employer"), and Darren S. Bard ("Executive"). RECITALS A. Employer is a Limited Liability Company duly organized and validly existing pursuant to the laws of the State of California. B. Employer is in the business of acquiring, processing, servicing and collecting commercial and consumer indebtedness. C. Employer desires to employ Executive, subject to the terms and conditions specified in this Agreement. D. Executive hereby accepts employment with Employer as Chief Officer of Information Technology of Employer, subject to t

Performance Capital Management Llc – OPERATING AGREEMENT (April 2nd, 2003)

EXHIBIT 3.2 OPERATING AGREEMENT FOR PERFORMANCE CAPITAL MANAGEMENT, LLC A CALIFORNIA LIMITED LIABILITY COMPANY THE SECURITIES REPRESENTED BY THIS AGREEMENT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 NOR REGISTERED OR QUALIFIED UNDER ANY STATE SECURITIES LAWS. SUCH SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, DELIVERED AFTER SALE, TRANSFERRED, PLEDGED, OR HYPOTHECATED UNLESS QUALIFIED AND REGISTERED UNDER APPLICABLE STATE AND FEDERAL SECURITIES LAWS OR UNLESS, IN THE OPINION OF COUNSEL SATISFACTORY TO THE COMPANY, SUCH QUALIFICATION AND REGISTRATION IS NOT REQUIRED. ANY TRANSFER OF THE SECURITIES REPRESENTED BY THIS AGREEMENT IS FURTHER SUBJECT TO OTHER RESTRICTIONS, TERMS AND CONDITIONS WHICH ARE SET FORTH HEREIN. OPERATING AGREEMENT

Performance Capital Management Llc – OPERATING AGREEMENT (April 2nd, 2003)

EXHIBIT 3.3 FIRST AMENDMENT TO OPERATING AGREEMENT FOR PERFORMANCE CAPITAL MANAGEMENT, LLC A CALIFORNIA LIMITED LIABILITY COMPANY THIS FIRST AMENDMENT TO OPERATING AGREEMENT FOR PERFORMANCE CAPITAL MANAGEMENT, LLC, a California limited liability company (this "First Amendment") is made as of the____day of___________________, 2002, by and among PERFORMANCE ASSET MANAGEMENT FUND, LTD., a California limited partnership, PERFORMANCE ASSET MANAGEMENT FUND II, LTD., a California limited partnership, PERFORMANCE ASSET MANAGEMENT FUND III, LTD., a California limited partnership, PERFORMANCE ASSET MANAGEMENT FUND IV, LTD., a California limited partnership, and PERFORMANCE ASSET MANAGEMENT FUND V, LTD., a California limited partnership. This First Amendment amends that certain Operating Ag