New Century Financial Corp Sample Contracts

November 9th, 2006 · Common Contracts · 462 similar
New Century Financial CorpAMENDED AND RESTATED TRUST AGREEMENT among NEW CENTURY FINANCIAL CORPORATION, as Depositor WELLS FARGO BANK, N.A., as Property Trustee WELLS FARGO DELAWARE TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as...

This AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 13, 2006 (as further defined in Section 1.1, this “Trust Agreement”), among (i) New Century Financial Corporation, a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wells Fargo Bank, N.A., a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Wells Fargo Delaware Trust Company, a Delaware corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), and (iv) Brad A. Morrice, an individual, and Patti M. Dodge, an individual, each of whose address is c/o New Century Financial Corporation, 18400 Von Karman, Suite 1000, Irvine, California 92612, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”).

August 9th, 2006 · Common Contracts · 8 similar
New Century Financial CorpNEW CENTURY FINANCIAL CORPORATION 2004 PERFORMANCE INCENTIVE PLAN PERFORMANCE- ACCELERATED RESTRICTED STOCK AWARD AGREEMENT

THIS PERFORMANCE-ACCELERATED RESTRICTED STOCK AWARD AGREEMENT (this “Award Agreement”) is dated as of (the “Award Date”) by and between New Century Financial Corporation, a Maryland corporation (the “Corporation”), and (the “Participant”).

December 6th, 2006 · Common Contracts · 8 similar
New Century Financial CorpGUARANTY

GUARANTY, dated as of November 30, 2006 (as amended from time to time, the “Guaranty”), made by New Century Financial Corporation (the “Guarantor”) in favor of Goldman Sachs Mortgage Company (the “Buyer”), party to the Master Repurchase Agreement dated November 30, 2006 by and among the Buyer, New Century Mortgage Corporation, Home123 Corporation, New Century Credit Corporation and NC Capital Corporation (each a “Seller” and, collectively, the “Sellers”) (as amended from time to time, the “Repurchase Agreement”).

August 9th, 2006 · Common Contracts · 7 similar
New Century Financial CorpNEW CENTURY FINANCIAL CORPORATION 2004 PERFORMANCE INCENTIVE PLAN PERFORMANCE- ACCELERATED STOCK OPTION AGREEMENT

THIS PERFORMANCE-ACCELERATED STOCK OPTION AGREEMENT (this “Option Agreement”) dated as of (the “Award Date”) by and between NEW CENTURY FINANCIAL CORPORATION, a Maryland corporation (the “Corporation”), and (the “Grantee”) evidences the performance-accelerated stock option (the “Option”) granted by the Corporation to the Grantee as of the Award Date.

June 30th, 2005 · Common Contracts · 7 similar
New Century Financial CorpNEW CENTURY FINANCIAL CORPORATION

THIS DIVIDEND EQUIVALENT RIGHTS AWARD AGREEMENT (this “Award Agreement”) is dated as of June 24, 2005 (the “Award Date”) by and between New Century Financial Corporation, a Maryland corporation (the “Corporation”), and Patrick J. Flanagan (the “Participant”).

October 5th, 2004 · Common Contracts · 7 similar
New Century Financial CorpSECOND AMENDED AND RESTATED GUARANTY AND PLEDGE AGREEMENT

THIS SECOND AMENDED AND RESTATED GUARANTY AND PLEDGE AGREEMENT, dated as of October 1, 2004, (this “Guaranty”), is made by and among New Century Financial Corporation (f/k/a New Century REIT, Inc.) and New Century Mortgage Corporation (“NCMC”, and jointly and severally with New Century Financial Corporation, the “Guarantors”) and Bank of America, N.A. (the “Buyer”, which term shall include any buyer for whom Buyer acts as Agent as defined and provided for in the Master Repurchase Agreement referred to below).

December 16th, 2005 · Common Contracts · 6 similar
New Century Financial CorpGUARANTY

GUARANTY, dated as of December 12, 2005 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Guaranty”), is made and entered upon the terms hereinafter set forth by NEW CENTURY FINANCIAL CORPORATION, a corporation duly incorporated and in good standing in the State of Maryland (the “Guarantor”), in favor of MORGAN STANLEY BANK (a “Buyer” and “MSB”) and MORGAN STANLEY MORTGAGE CAPITAL INC. (a “Buyer” and, collectively with MSB, the “Beneficiaries” and each a “Beneficiary”), pursuant to that certain Master Repurchase Agreement, dated as of December 12, 2005 (as amended, restated, supplemented or otherwise modified and in effect from time to time, the “Repurchase Agreement”), by and among NC Capital Corporation (“NC Capital”), New Century Mortgage Corporation (“New Century”), NC Residual II Corporation (“NC Residual”), Home123 Corporation (“Home123”), New Century Credit Corporation (“NC Credit”, together with NC Capital, New Century, Home123 and

October 5th, 2004 · Common Contracts · 5 similar
New Century Financial CorpGUARANTEE

GUARANTEE, dated as of September 29, 2004, made by New Century Financial Corporation, f/k/a New Century REIT, Inc. (the “Guarantor”), on behalf of New Century Mortgage Corporation (“NCMC”), NC Capital Corporation (“NCCC”), NC Residual II Corporation (“NCRC”) and New Century Credit Corporation (“New Century”, and, together with NCMC, NCCC and NCRC, the “Sellers”), in favor of CDC Mortgage Capital Inc. (“CDC”), a party to the Repurchase Agreement and the Custodial Agreement, each referred to below.

June 1st, 2005 · Common Contracts · 4 similar
New Century Financial CorpNEW CENTURY FINANCIAL CORPORATION EMPLOYEE RESTRICTED STOCK AWARD AGREEMENT

THIS EMPLOYEE RESTRICTED STOCK AWARD AGREEMENT (this “Award Agreement”) is dated as of February 2, 2005 (the “Award Date”), by and between New Century Financial Corporation, a Maryland corporation (the “Corporation”), and Robert K. Cole (the “Participant”).

November 9th, 2006 · Common Contracts · 4 similar
New Century Financial CorpJUNIOR SUBORDINATED INDENTURE between NEW CENTURY FINANCIAL CORPORATION and WELLS FARGO BANK, N.A., as Trustee Dated as of September 13, 2006

This JUNIOR SUBORDINATED INDENTURE (as further defined in Section 1.1, this “Indenture”), dated as of September 13, 2006, is between NEW CENTURY FINANCIAL CORPORATION, a Maryland corporation (the “Company”), and WELLS FARGO BANK, N.A., as Trustee (in such capacity, the “Trustee”).

November 18th, 2005 · Common Contracts · 4 similar
New Century Financial CorpMASTER LOAN AND SECURITY AGREEMENT

MASTER LOAN AND SECURITY AGREEMENT, dated as of November 15, 2005 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Loan Agreement”), by and among NC CAPITAL CORPORATION, a California corporation (“NC Capital”), NEW CENTURY MORTGAGE CORPORATION, a California corporation (“New Century”), NC RESIDUAL II CORPORATION, a Delaware corporation (“NC Residual”), NEW CENTURY CREDIT CORPORATION, a California corporation (“NC Credit”, together with NC Capital, New Century and NC Residual, collectively, the “Borrowers”, each, a “Borrower”), and MORGAN STANLEY MORTGAGE CAPITAL INC., a New York corporation, as a Lender and agent for the Lender (in such capacity, the “Agent”).

October 4th, 2006 · Common Contracts · 4 similar
New Century Financial CorpAMENDED AND RESTATED GUARANTY

THIS AMENDED AND RESTATED GUARANTY, dated as of September 28, 2006, (this “Guaranty”), is made between New Century Financial Corporation (f/k/a New Century REIT, Inc.) (the “Guarantor”) and Bank of America, N.A. (the “Buyer”, which term shall include any buyer for whom the Buyer acts as the Agent as defined and provided for in the Master Repurchase Agreement referred to below).

October 6th, 2004 · Common Contracts · 4 similar
New Century Financial CorpREGISTRATION RIGHTS AGREEMENT

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of October 6, 2004, by and between NEW CENTURY REIT, INC., a Maryland corporation to be renamed “New Century Financial Corporation” (the “Company”), and FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., a Virginia corporation (the “Investor”).

February 3rd, 2006 · Common Contracts · 4 similar
New Century Financial CorpSCHEDULE to the Master Agreement (Multicurrency – Cross Border) dated as of December 15, 2005 between CALYON NEW YORK BRANCH

The designation below of an Event of Default as being “Applicable” to a specific party means that upon the occurrence of such an Event of Default with respect to such party, the other party shall have the rights of a Non-defaulting Party under Section 6 of the Agreement, and conversely, the designation of such an event as being “Not Applicable” means that such other party shall not have such right.

February 6th, 2007 · Common Contracts · 3 similar
New Century Financial CorpAMENDED AND RESTATED GUARANTY

AMENDED AND RESTATED GUARANTY, dated as of January 31, 2007 (as amended, supplemented, or otherwise modified from time to time, this “Guaranty”), made by New Century Financial Corporation a Maryland Corporation having offices at 18400 Von Karman Ave., Suite 1000, Irvine, CA 92612 (the “Guarantor”), in favor of Credit Suisse First Boston Mortgage Capital, LLC (the “Buyer”).

October 5th, 2004 · Common Contracts · 3 similar
New Century Financial CorpAMENDED AND RESTATED GUARANTY

THIS AMENDED AND RESTATED GUARANTY, dated as of October 1, 2004 (“Guaranty”) is made by NEW CENTURY FINANCIAL CORPORATION (f/k/a New Century REIT, Inc.) (“NCFC” or “Guarantor”), in favor of CITIGROUP GLOBAL MARKETS REALTY CORP. (the “Lender”), party to the Servicer Advance Financing Facility Agreement referred to below.

June 23rd, 2005 · Common Contracts · 3 similar
New Century Financial CorpPARK PLACE OFFICE LEASE by and between MAGUIRE PROPERTIES – 3161 MICHELSON, LLC a Delaware limited liability company and NEW CENTURY FINANCIAL CORPORATION a Maryland corporation Dated: May 26, 2005

THIS 3161 MICHELSON OFFICE LEASE (“Lease”) is made and entered into as of the 26th day of May, 2005 (“Lease Date”) by and between MAGUIRE PROPERTIES-3161 MICHELSON, LLC, a Delaware limited liability company (“Landlord”) and NEW CENTURY FINANCIAL CORPORATION, a Maryland corporation (“Tenant”).

September 20th, 2005 · Common Contracts · 3 similar
New Century Financial CorpSECOND AMENDED AND RESTATED MASTER REPURCHASE AGREEMENT Dated as of May 13, 2002, amended and restated to and including September 15, 2005

Bank of America, N.A., as buyer (“Buyer”, which term shall include any “Principal” as defined and provided for in Annex I), or as agent pursuant hereto (“Agent”),

December 29th, 2004 · Common Contracts · 3 similar
New Century Financial CorpMASTER REPURCHASE AGREEMENT CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC, as buyer (“Buyer”, which term shall include any “Principal” as defined and provided for in Annex I) or as agent pursuant hereto (“Agent”), NEW CENTURY MORTGAGE CORPORATION,...
October 4th, 2006 · Common Contracts · 3 similar
New Century Financial CorpAMENDED AND RESTATED MASTER REPURCHASE AGREEMENT Dated as of September 2, 2005, amended and restated to and including September 28, 2006

Bank of America, N.A., as buyer (the “Buyer”, which term shall include any “Principal” as defined and provided for in Annex I), or as agent pursuant hereto (the “Agent”),

October 1st, 2004 · Common Contracts · 2 similar
New Century Financial CorpFORM OF FIRST AMENDMENT TO EMPLOYMENT AGREEMENT

This First Amendment to Employment Agreement (this “Agreement”) is dated as of September , 2004, by and among New Century Financial Corporation, a Delaware corporation to be renamed “New Century TRS Holdings, Inc.” (the “Company”), New Century REIT, Inc., a Maryland corporation to be renamed “New Century Financial Corporation” (“New Century REIT”), and (“Executive”).

October 5th, 2004 · Common Contracts · 2 similar
New Century Financial CorpAMENDMENT AND JOINDER NO. 3 TO MASTER REPURCHASE AGREEMENT

THIS AMENDMENT AND JOINDER NO. 3, made as of October 1, 2004 (“Amendment No. 3”), by and among BEAR STEARNS MORTGAGE CAPITAL CORPORATION (the “Buyer”), NC CAPITAL CORPORATION (“NC Capital”), NC RESIDUAL II CORPORATION (“NC Residual”) and NEW CENTURY CREDIT CORPORATION (“NC Credit”, and together with NC Capital and NC Residual, each a “Seller” and collectively the “Sellers”).

June 21st, 2005 · Common Contracts · 2 similar
New Century Financial Corp4,200,000 Shares NEW CENTURY FINANCIAL CORPORATION Liquidation Preference $25.00 Per Share UNDERWRITING AGREEMENT

New Century Financial Corporation, a Maryland corporation (the “Company”), proposes to issue and sell to the underwriters named in Schedule A annexed hereto (the “Underwriters”), for whom you are acting as representative, an aggregate of 4,200,000 shares of 9.125% Series A Cumulative Redeemable Preferred Stock, liquidation preference $25.00 per share (the “Preferred Stock”), of the Company (the “Firm Shares”). In addition, solely for the purpose of covering over-allotments, the Company proposes to grant to the Underwriters the option to purchase from the Company up to an additional 630,000 shares of Preferred Stock (the “Additional Shares”). The Firm Shares and the Additional Shares are hereinafter collectively sometimes referred to as the “Shares”. The Shares are described in the Prospectus (as defined below).

October 26th, 2004 · Common Contracts · 2 similar
New Century Financial CorpGUARANTY OF NEW CENTURY FINANCIAL CORPORATION

THIS GUARANTY, dated October 21, 2004 given by New Century Financial Corporation (the “Guarantor”) in favor of Citibank, N.A., (“Citibank” or the “Bank”).

October 1st, 2004 · Common Contracts · 2 similar
New Century Financial CorpFIRST SUPPLEMENTAL INDENTURE

THIS FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) is entered into as of September 30, 2004, by and among New Century Financial Corporation, a Delaware corporation (“New Century Financial”), New Century REIT, Inc., a Maryland corporation (“New Century REIT”), and Wells Fargo Bank, a national banking association, as trustee (the “Trustee”).

March 13th, 2007 · Common Contracts · 2 similar
New Century Financial CorpAMENDMENT NO. 8 TO MASTER REPURCHASE AGREEMENT

AMENDMENT NO. 8, dated as of March 8, 2007 (this “Amendment”), to that certain Master Repurchase Agreement, dated as of December 12, 2005 (as previously amended, restated, supplemented or otherwise modified prior to the date hereof, the “Existing Repurchase Agreement”; as amended hereby and as further amended, restated, supplemented, or otherwise modified and in effect from time to time, the “Repurchase Agreement”), by and among NC CAPITAL CORPORATION, NEW CENTURY MORTGAGE CORPORATION, NC ASSET HOLDING, L.P. (successor by conversion to NC Residual II Corporation), HOME123 CORPORATION, and NEW CENTURY CREDIT CORPORATION (collectively, the “Existing Sellers”), NC RESIDUAL III CORPORATION, NC RESIDUAL IV CORPORATION (each, a “New Seller”, and together with the Existing Sellers, collectively, the “Sellers” and each, a “Seller”) and MORGAN STANLEY MORTGAGE CAPITAL INC., as Buyer (in such capacity, the “Buyer”) and as Agent (in such capacity, the “Agent”). Capitalized terms used but not othe

October 5th, 2004 · Common Contracts · 2 similar
New Century Financial CorpAMENDED AND RESTATED PURCHASE AND SALE AGREEMENT

From time to time Citigroup Global Markets Realty Corp. (“Citigroup”) and NC Capital Corporation (“NC Capital”) and New Century Credit Corporation (“NC Credit”; and jointly and severally with NC Capital, the “Sellers”) may engage in purchase and sale transactions whereby either Seller sells to Citigroup adjustable rate and fixed rate one- to-four family first lien and second lien mortgage loans acceptable to Citigroup in its sole discretion (“Eligible Mortgage Loans”) and related servicing rights at a price equal to the Purchase Price (as defined herein) and whereby, on a date fixed by agreement between Citigroup and such Seller, the Seller agrees to repurchase such Eligible Mortgage Loans and related servicing rights from Citigroup, and Citigroup agrees to resell such Mortgage Loans and related servicing rights to the Seller, at the repurchase price, which is based on the Purchase Price and reflects the agreed upon return to Citigroup (the “Repurchase Price”), all subject to and in ac

December 26th, 2006 · Common Contracts · 2 similar
New Century Financial CorpCUSTODIAL AGREEMENT

THIS CUSTODIAL AGREEMENT is made as of December 19, 2006 (the “Agreement”) by and among ST. ANDREW FUNDING TRUST (the “Issuer”), a Delaware statutory trust, HOME123 CORPORATION, a California corporation, as Seller (a “Seller”), NEW CENTURY MORTGAGE CORPORATION, a California corporation, as Seller (a “Seller” and together with Home123 Corporation, the “Sellers”) and as Servicer (the “Servicer”), DEUTSCHE BANK TRUST COMPANY AMERICAS (the “Collateral Agent”), a New York banking corporation acting in its capacity as collateral agent under the Security Agreement, and DEUTSCHE BANK NATIONAL TRUST COMPANY, as custodian (the “Custodian”). The Custodian shall hold the Mortgage Notes, Mortgages and Assignments of Mortgage as bailee, initially for the Issuer and then for the Collateral Agent.

August 9th, 2006 · Common Contracts · 2 similar
New Century Financial CorpNEW CENTURY FINANCIAL CORPORATION 2004 PERFORMANCE INCENTIVE PLAN DIRECTOR RESTRICTED STOCK AWARD AGREEMENT

THIS DIRECTOR RESTRICTED STOCK AWARD AGREEMENT (this “Award Agreement”) is dated as of (the “Award Date”) by and between New Century Financial Corporation, a Maryland corporation (the “Corporation”), and (the “Director”).

December 6th, 2006 · Common Contracts · 2 similar
New Century Financial CorpMASTER REPURCHASE AGREEMENT

This is a MASTER REPURCHASE AGREEMENT, dated as of November 30, 2006, between NEW CENTURY MORTGAGE CORPORATION, HOME123 CORPORATION, NEW CENTURY CREDIT CORPORATION, NC CAPITAL CORPORATION (each a “Seller” and collectively, the “Sellers”) and NEW CENTURY FINANCIAL CORPORATION (the “Guarantor”) and GOLDMAN SACHS MORTGAGE COMPANY, a New York limited partnership (the “Buyer”).

April 4th, 2006 · Common Contracts · 2 similar
New Century Financial CorpAMENDED AND RESTATED EMPLOYMENT AGREEMENT

THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into this 29th day of March 2006 (the “Effective Date”), by and between New Century Financial Corporation, a Maryland corporation (the “Corporation”) and Edward F. Gotschall, an individual (the “Executive”).

October 31st, 2006 · Common Contracts · 2 similar
New Century Financial CorpEMPLOYMENT AGREEMENT

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into this 25th day of October 2006 (the “Effective Date”), by and between New Century Financial Corporation, a Maryland corporation (the “Corporation”) and Tajvinder S. Bindra, an individual (the “Executive”).

December 26th, 2006 · Common Contracts · 2 similar
New Century Financial CorpDEPOSITARY AGREEMENT

DEPOSITARY AGREEMENT (the “Agreement”) dated as of December 19, 2006 between ST. ANDREW FUNDING TRUST (the “Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as depositary (the “Depositary”).

November 9th, 2005 · Common Contracts · 2 similar
New Century Financial CorpAMENDMENT NUMBER FOUR to Amended and Restated Master Repurchase Agreement dated as of May 13, 2002, amended and restated to and including May 21, 2004 between NEW CENTURY FUNDING A, a Delaware statutory trust, as Seller and BANK OF AMERICA, N.A., as Buyer

This AMENDMENT NUMBER FOUR (this “Amendment Number Four”) is made and is effective as of this 5th day of August 2005 (the “Effective Date”) between NEW CENTURY FUNDING A, a Delaware statutory trust (“Seller”) and BANK OF AMERICA, N.A., a national banking association (“Buyer”).

March 15th, 2006 · Common Contracts · 2 similar
New Century Financial CorpAGREEMENT

This Agreement (the “Agreement”) is dated March 14, 2006 (the “Effective Date”) and is by and among New Century Financial Corporation, a Maryland corporation (the “Company”), and Greenlight Capital, L.P., a Delaware limited partnership (“Greenlight LP”), Greenlight Capital L.L.C., a Delaware limited liability company, Greenlight Capital, Inc., a Delaware corporation (“GCI”), DME Advisors, L.P., a Delaware limited partnership, DME Advisors GP, L.L.C., a Delaware limited liability company, Greenlight Capital Qualified, L.P., a Delaware limited partnership, Greenlight Capital Offshore, Ltd., a British Virgin Islands international business company, and David Einhorn, an individual (“Einhorn”) (each a “Greenlight Party” and collectively the “Greenlight Parties”). Entering into this agreement shall not be deemed to be an admission that the Greenlight Parties are a “group” for the purposes of Section 13(d) of the Exchange Act (as such term is hereinafter defined) and Regulation 13D-G thereund