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 – 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 E (November 14th, 2006)

TABLE OF CONTENTS ----------------- Page ---- 1. DEMISE . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. RENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. UTILITIES AND SERVICES . . . . . . . . . . . . . . . . . . . 7 6. LATE CHARGE. . . . . . . . . . . . . . . . . . . . . . . . . 9 7. SECURITY DEPOSIT . . . . . . . . . . . . . . . . . . . . . . 9 8. POSSESSION . . . . . . . . . . . . . . . . . . . . . . . . . 9 9. USE OF PREMISES. . . . . . . . . . . . . . . . . . . . . . . 10 10. ACCEPTANCE OF PREMISES . . . . . . . . . .

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

---------------------------------------------------------------------------------------------- Assets [Description of Assets] purchased pursuant to the [________] Agreement dated as of [_________] by and between [______] and Borrower ---------------------------------------------------------------------------------------------- Purchase Price [ %] of $__________________ or - $________________________ ---------------------------------------------------------------------------------------------- Closing Fees and Expenses $ _______________ to ______________________________________ ______________________________________ ______________________________________ ______________________________________ $ _______________ to _____________________

Performance Capital Management Llc – 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 ye (October 22nd, 2003)
Performance Capital Management Llc – [PCMLLC Letterhead] October 21, 2003 Dear Performance Capital Management, LLC, Unit Holder: Your Board of Directors recently became aware of a letter from Sierra Liquidity Fund, LLC, dated September 23, 2003, offering to purchase shares from Performance Capital Management, LLC, Unit Holders for $2.00 per share (the "Offer"). The terms of the Offer are ambiguous concerning how many units Sierra seeks to purchase. We believe that Sierra's Offer may be a "mini- tender offer" subject to SEC regulation and, if the size is large enough, Sierra's Offer could be a tender offer requiring Sierra to make (October 22nd, 2003)