THIRD AMENDMENT TO OPERATING AGREEMENT OF PERFORMANCE CAPITAL MANAGEMENT, LLCOperating Agreement • August 14th, 2006 • Performance Capital Management LLC • Finance services
RECITALSIndemnification Agreement • May 15th, 2006 • Performance Capital Management LLC • Finance services
EXHIBIT 4.2 January 14, 2002Performance Capital Management LLC • April 2nd, 2003
This Certifies that _______________________________________________is the Registered holder of _________________ Membership Interest(s) of the above named Company, transferable only on the books of the Company by the holder hereof in person or by Attorney upon surrender of this Certificate properly endorsed and in accordance with the terms and conditions of the Articles of Organization and the Operating Agreement of the Company, as amended to the date of transfer, copies of which may be inspected and copied during normal business hours at the principal office of the Company.
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,...Servicing Agreement • July 29th, 2004 • Performance Capital Management LLC • Finance services • Minnesota
RECITALSAgreement of Employment • April 25th, 2003 • Performance Capital Management LLC • Finance services • California
ANDOffice Lease • April 25th, 2003 • Performance Capital Management LLC • Finance services • California
AGREEMENT OF EMPLOYMENTAgreement of Employment • August 14th, 2007 • Performance Capital Management LLC • Finance services • California
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”).
EXHIBIT 4.1 January 14, 2002Performance Capital Management LLC • April 2nd, 2003
This Certifies that _______________________________________________is the Registered holder of _________________ Membership Interest(s) of the above named Company, transferable only on the books of the Company by the holder hereof in person or by Attorney upon surrender of this Certificate properly endorsed and in accordance with the terms and conditions of the Articles of Organization and the Operating Agreement of the Company, as amended to the date of transfer, copies of which may be inspected and copied during normal business hours at the principal office of the Company.
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...Operating Agreement • January 12th, 2010 • Performance Capital Management LLC • Finance services • California
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Members hereby agree as follows:
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...Operating Agreement • January 12th, 2010 • Performance Capital Management LLC • Finance services
On January 14, 2002, Articles of Organization for Performance Capital Management, LLC, a California limited liability company (the "Company"), were filed with the California Secretary of State.
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...Performance Capital Management LLC • October 22nd, 2003 • Finance services
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 than 55% for a specific calendar year as calculated on a cash flo
ACCOUNT PURCHASE AGREEMENTAccount Purchase Agreement • January 22nd, 2010 • Performance Capital Management LLC • Finance services • Florida
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
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...Office Lease Agreement • November 14th, 2006 • Performance Capital Management LLC • Finance services • Delaware
SECOND AMENDMENT TO MASTER LOAN AGREEMENTMaster Loan Agreement • May 29th, 2009 • Performance Capital Management LLC • Finance services
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").
AGENCY SERVICE AGREEMENTService Agreement • January 13th, 2010 • Performance Capital Management LLC • Finance services • Florida
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”).
SECOND AMENDMENT TO OPERATING AGREEMENT FOR PERFORMANCE CAPITAL MANAGEMENT, LLC A CALIFORNIA LIMITED LIABILITY COMPANYOperating Agreement • January 12th, 2010 • Performance Capital Management LLC • Finance services
THIS SECOND AMENDMENT TO THE OPERATING AGREEMENT FOR PERFORMANCE CAPITAL MANAGEMENT, LLC, a California limited liability company (this "Second Amendment") is made by and among PERFORMANCE ASSET MANAGEMENT FUND, LTD., a California limited liability company, PERFORMANCE ASSET MANAGEMENT FUND II, LTD., a California limited liability company, PERFORMANCE ASSET MANAGEMENT FUND III, LTD., a California limited liability company, PERFORMANCE ASSET MANAGEMENT FUND IV, LTD., a California limited liability company, and PERFORMANCE ASSET MANAGEMENT FUND V, LTD. This Second Amendment amends that certain Operating Agreement for PERFORMANCE CAPITAL MANAGEMENT, LLC, a California limited liability company (the "Operating Agreement"). Except as otherwise amended hereby, the Operating Agreement shall continue in full force and effect. Capitalized terms that are used in this Second Amendment and are defined in the Operating Agreement, as amended, shall have the same meanings herein as therein unless other
AGREEMENT REGARDING LOANAgreement Regarding Loan • January 13th, 2010 • Performance Capital Management LLC • Finance services • Minnesota
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”).
LEASE TERMINATION AGREEMENTLease Termination Agreement • December 11th, 2009 • Performance Capital Management LLC • Finance services • California
SECOND AMENDMENT TO OPERATING AGREEMENT FOR PERFORMANCE CAPITAL MANAGEMENT, LLC A CALIFORNIA LIMITED LIABILITY COMPANYOperating Agreement • December 24th, 2009 • Performance Capital Management LLC • Finance services
THIS SECOND AMENDMENT TO THE OPERATING AGREEMENT FOR PERFORMANCE CAPITAL MANAGEMENT, LLC, a California limited liability company (this "Second Amendment") is made by and among PERFORMANCE ASSET MANAGEMENT FUND, LTD., a California limited liability company, PERFORMANCE ASSET MANAGEMENT FUND II, LTD., a California limited liability company, PERFORMANCE ASSET MANAGEMENT FUND III, LTD., a California limited liability company, PERFORMANCE ASSET MANAGEMENT FUND IV, LTD., a California limited liability company, and PERFORMANCE ASSET MANAGEMENT FUND V, LTD. This Second Amendment amends that certain Operating Agreement for PERFORMANCE CAPITAL MANAGEMENT, LLC, a California limited liability company (the "Operating Agreement"). Except as otherwise amended hereby, the Operating Agreement shall continue in full force and effect. Capitalized terms that are used in this Second Amendment and are defined in the Operating Agreement, as amended, shall have the same meanings herein as therein unless other
EXHIBIT 3.4 SECOND AMENDMENT TO OPERATING AGREEMENT FOR PERFORMANCE CAPITAL MANAGEMENT, LLC A CALIFORNIA LIMITED LIABILITY COMPANYOperating Agreement • November 14th, 2003 • Performance Capital Management LLC • Finance services
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, 2010Purchase and Sale Agreement • January 13th, 2010 • Performance Capital Management LLC • Finance services • California
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").
AMENDMENT TO MASTER LOAN AGREEMENTMaster Loan Agreement • August 14th, 2007 • Performance Capital Management LLC • Finance services
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”).
