NewStar Financial, Inc. Sample Contracts

April 28th, 2015 · Common Contracts · 400 similar
NewStar Financial, Inc.NEWSTAR FINANCIAL, INC. 7.25% Senior Notes due 2020 INDENTURE Dated as of April 22, 2015 U.S. BANK NATIONAL ASSOCIATION, as Trustee

INDENTURE dated as of April 22, 2015, among NEWSTAR FINANCIAL, INC., a Delaware corporation (the “Issuer”), the guarantors from time to time party hereto (collectively, the “Guarantors”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”).

December 11th, 2006 · Common Contracts · 337 similar
NewStar Financial, Inc.Underwriting Agreement
June 24th, 2015 · Common Contracts · 311 similar
NewStar Financial, Inc.NewStar Financial, Inc. and , as Trustee INDENTURE Dated as of ,

INDENTURE, dated as of , , by and between NewStar Financial, Inc., a Delaware corporation, as Issuer (the “Company”), and , a organized under the laws of , as Trustee (the “Trustee”).

November 12th, 2015 · Common Contracts · 236 similar
NewStar Financial, Inc.NewStar Financial, Inc. Underwriting Agreement

NewStar Financial, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the J.P. Morgan Securities LLC, as underwriter (the “Underwriter”), $80,000,000 principal amount of its 7.250% Senior Notes due 2020 (the “Securities”). The Securities will be issued pursuant to an Indenture dated as of April 22, 2015 (the “Indenture”) among the Company and U.S. Bank National Association, as trustee (the “Trustee”).

December 18th, 2014 · Common Contracts · 60 similar
NewStar Financial, Inc.Citibank, N.A.390 Greenwich StreetNew York, New York 10013

The purpose of this letter agreement is to set forth the terms and conditions of the Transactions entered into between Citibank, N.A. ("Citibank") and NewStar TRS I LLC, a limited liability company formed under the law of the State of Delaware ("Counterparty"), on the Trade Date specified below (each, a "Transaction" and, collectively, the "Transactions"). This letter constitutes a "Confirmation" as referred to in the Master Agreement specified below.

March 23rd, 2017 · Common Contracts · 27 similar
NewStar Financial, Inc.AMENDED AND RESTATED COLLATERAL MANAGEMENT AGREEMENT dated March 20, 2017 by and between

This AMENDED AND RESTATED Collateral Management Agreement (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of March 20, 2017, is entered into by and between NewStar Commercial Loan Funding 2017-1 LLC (formerly known as NewStar Commercial Loan Funding 2013-1 LLC), a Delaware limited liability company (the “Issuer”), and NEWSTAR FINANCIAL, INC., a Delaware corporation, in its capacity as collateral manager hereunder (together with its successors and permitted assigns, the “Collateral Manager”).

July 17th, 2009 · Common Contracts · 24 similar
NewStar Financial, Inc.U.S. $145,743,636.80 THIRD AMENDED AND RESTATED SALE AND SERVICING AGREEMENT by and among NEWSTAR CP FUNDING LLC, as the Seller, NEWSTAR FINANCIAL, INC., as the Originator and as the Servicer, EACH OF THE CONDUIT PURCHASERS AND INSTITUTIONAL...

THIS THIRD AMENDED AND RESTATED SALE AND SERVICING AGREEMENT (such agreement as amended, modified, waived, supplemented, restated or replaced from time to time, the “Agreement”) is made as of this July 15, 2009, by and among:

April 23rd, 2014 · Common Contracts · 23 similar
NewStar Financial, Inc.INDENTURE by and between NEWSTAR COMMERCIAL LOAN FUNDING 2014-1 LLC Issuer and U.S. BANK NATIONAL ASSOCIATION Trustee Dated as of April 17, 2014

INDENTURE, dated as of April 17, 2014, between NewStar Commercial Loan Funding 2014-1 LLC, a Delaware limited liability company (together with its permitted successors and assigns, the “Issuer”), and U.S. Bank National Association, as trustee (herein, together with its permitted successors and assigns in the trusts hereunder, the “Trustee”).

December 9th, 2014 · Common Contracts · 23 similar
NewStar Financial, Inc.ISDA® International Swaps and Derivatives Association, Inc. dated as of December 4, 2014 Citibank, N.A. and NewStar TRS I LLC

have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this 2002 Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties or otherwise effective for the purpose of confirming or evidencing those Transactions. This 2002 Master Agreement and the Schedule are together referred to as this “Master Agreement”.

October 26th, 2006 · Common Contracts · 18 similar
NewStar Financial, Inc.INDENTURE by and between NEWSTAR TRUST 2005-1, as the Issuer, and U.S. BANK NATIONAL ASSOCIATION, as the Indenture Trustee Dated as of August 10, 2005

THIS INDENTURE, dated as of August 10, 2005 (as amended, modified, restated, supplemented or waived from time to time, the “Indenture”), is by and between NEWSTAR TRUST 2005-1, a Delaware statutory trust, as the issuer (together with its successors and assigns, in such capacity, the “Issuer”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“U.S. Bank”) not in its individual capacity, except as expressly set forth herein, but solely in its capacity as the indenture trustee (together with its successors and assigns, in such capacity, the “Indenture Trustee”).

March 8th, 2010 · Common Contracts · 16 similar
NewStar Financial, Inc.SALE AND SERVICING AGREEMENT by and among NEWSTAR COMMERCIAL LOAN TRUST 2009-1, as the Issuer, NEWSTAR COMMERCIAL LOAN LLC 2009-1, as the Trust Depositor, NEWSTAR FINANCIAL, INC., as the Originator and as the Servicer, U.S. BANK NATIONAL ASSOCIATION,...

WHEREAS, in the regular course of its business, the Originator originates and/or otherwise acquires Loans (as defined herein);

December 15th, 2009 · Common Contracts · 15 similar
NewStar Financial, Inc.RESTATED EMPLOYMENT AGREEMENT of [Executive]

EMPLOYMENT AGREEMENT (this “Agreement”), dated as of December 11, 2009 (the “Effective Date”), between NEWSTAR FINANCIAL, INC., a Delaware corporation (the “Company”), and [Executive] (“Executive”). This Agreement fully supersedes the Employment Agreement that Executive executed on December 13, 2006.

April 2nd, 2007 · Common Contracts · 8 similar
NewStar Financial, Inc.AMENDED AND RESTATED RESTRICTED STOCK AGREEMENT

THIS AMENDED AND RESTATED RESTRICTED STOCK AGREEMENT (this “Agreement”, together with the Option Award Letter attached hereto, the “Equity Agreements”) is entered into as of December 13, 2006 and effective as of the Effective Date (as defined below), among NewStar Financial, Inc., a Delaware corporation (formerly known as Novus Capital, Inc., the “Company”), and Peter Schmidt Fellner, the holder of the number of shares of Class A Common Stock (as defined below), set forth under the heading “Restricted Stock” on Schedule I hereto (such person being referred to as the “Management Stockholder”).

March 21st, 2017 · Common Contracts · 6 similar
NewStar Financial, Inc.RESTATED EMPLOYMENT AGREEMENT of JOHN K. BRAY

EMPLOYMENT AGREEMENT (this “Agreement”), dated as of March 17, 2017 (the “Effective Date”), between NEWSTAR FINANCIAL, INC., a Delaware corporation (the “Company”), and John K. Bray (“Executive”). This Agreement fully supersedes the Employment Agreement that Executive executed on October 9, 2013.

August 6th, 2015 · Common Contracts · 6 similar
NewStar Financial, Inc.U.S. $175,000,000 FOURTH AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT

THIS FOURTH AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, this “Agreement”) is made as of June 19, 2015, by and among:

March 4th, 2016 · Common Contracts · 5 similar
NewStar Financial, Inc.INDENTURE by and between NEWSTAR COMMERCIAL LOAN FUNDING 2016-1 LLC, Issuer and U.S. BANK NATIONAL ASSOCIATION, Trustee Dated as of March 2, 2016

INDENTURE, dated as of March 2, 2016, between NewStar Commercial Loan Funding 2016-1 LLC, a Delaware limited liability company (together with its permitted successors and assigns, the “Issuer”), and U.S. Bank National Association, as trustee (herein, together with its permitted successors and assigns in the trusts hereunder, the “Trustee”).

March 8th, 2010 · Common Contracts · 5 similar
NewStar Financial, Inc.COMMERCIAL LOAN SALE AGREEMENT by and between NEWSTAR FINANCIAL, INC., as the Originator and NEWSTAR COMMERCIAL LOAN LLC 2009-1, as the Trust Depositor Dated as of January 7, 2010 NewStar Commercial Loan Trust 2009-1 Class A, Class B, Class C and...

THIS COMMERCIAL LOAN SALE AGREEMENT, dated as of January 7, 2010 (as amended, modified, restated, waived, or supplemented from time to time, this “Agreement”), is between NEWSTAR FINANCIAL, INC., a Delaware corporation (together with its successors and assigns, “NewStar,” and in its capacity as originator, together with its successors and assigns, the “Originator”) and NEWSTAR COMMERCIAL LOAN LLC 2009-1, a Delaware limited liability company (together with its successors and assigns, the “Trust Depositor”).

November 19th, 2007 · Common Contracts · 5 similar
NewStar Financial, Inc.REGISTRATION RIGHTS AGREEMENT

This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 12, 2007, by and among NewStar Financial, Inc., a Delaware corporation (the “Company”), and the several purchasers signatory hereto (each such purchaser, together with its affiliates, a “Holder” and collectively, the “Holders”).

August 13th, 2015 · Common Contracts · 5 similar
NewStar Financial, Inc.SIXTH AMENDED AND RESTATED Loan and Servicing AGREEMENT

THIS SIXTH AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, the “Agreement”) is made as of this August 10, 2015, by and among:

October 26th, 2006 · Common Contracts · 4 similar
NewStar Financial, Inc.RESTRICTED STOCK AGREEMENT

THIS RESTRICTED STOCK AGREEMENT (this “Agreement”) is entered into as of June 17, 2004, among Novus Capital, Inc., a Delaware corporation and successor by conversion of Novus Capital LLC, a Delaware limited liability company (the “Company”), and Timothy J. Conway, the holder of the number of shares of Class A Common Stock of the Company set forth under the heading “Restricted Stock” on Schedule I hereto (such person being referred to as the “Management Stockholder”).

October 26th, 2006 · Common Contracts · 3 similar
NewStar Financial, Inc.U.S. $300,000,000 AMENDED AND RESTATED SALE AND SERVICING AGREEMENT by and among NEWSTAR CP FUNDING LLC, as the Seller, NEWSTAR FINANCIAL, INC., as the Originator and as the Servicer, WACHOVIA BANK, NATIONAL ASSOCIATION, as the Swingline Purchaser,...

THIS AMENDED AND RESTATED SALE AND SERVICING AGREEMENT (such agreement as amended, modified, waived, supplemented, restated or replaced from time to time, the “Agreement”) is made as of this April 5, 2006, by and among:

April 23rd, 2014 · Common Contracts · 3 similar
NewStar Financial, Inc.MASTER LOAN SALE AGREEMENT among NEWSTAR FINANCIAL, INC., as the Transferor, NEWSTAR COMMERCIAL LOAN DEPOSITOR 2014-1 LLC, as the Depositor, and NEWSTAR COMMERCIAL LOAN FUNDING 2014-1 LLC, as the Issuer Dated as of April 17, 2014

THIS MASTER LOAN SALE AGREEMENT, dated as of April 17, 2014 (as amended, modified, restated, or supplemented from time to time, this “Agreement”), is made by and among NEWSTAR FINANCIAL, INC., a Delaware corporation (in its capacity as transferor under this Agreement, together with its successors and assigns in such capacity, the “Transferor”), NEWSTAR COMMERCIAL LOAN DEPOSITOR 2014-1 LLC, a Delaware limited liability company (together with its successors and assigns in such capacity, the “Depositor”), and NEWSTAR COMMERCIAL LOAN FUNDING 2014-1 LLC, a Delaware limited liability company (together with its successors and assigns in such capacity, the “Issuer”).

March 4th, 2016 · Common Contracts · 3 similar
NewStar Financial, Inc.MASTER LOAN SALE AGREEMENT among NEWSTAR FINANCIAL, INC., as the Transferor, NEWSTAR COMMERCIAL LOAN DEPOSITOR 2016-1 LLC, as the Retention Holder, and NEWSTAR COMMERCIAL LOAN FUNDING 2016-1 LLC, as the Issuer Dated as of March 2, 2016

THIS MASTER LOAN SALE AGREEMENT, dated as of March 2, 2016 (as amended, modified, restated, or supplemented from time to time, this “Agreement”), is made by and among NEWSTAR FINANCIAL, INC., a Delaware corporation (in its capacity as transferor under this Agreement, together with its successors and assigns in such capacity, the “Transferor”), NEWSTAR COMMERCIAL LOAN DEPOSITOR 2016-1 LLC, a Delaware limited liability company (together with its successors and assigns in such capacity, the “Retention Holder”), and NEWSTAR COMMERCIAL LOAN FUNDING 2016-1 LLC, a Delaware limited liability company (together with its successors and assigns in such capacity, the “Issuer”).

March 5th, 2014 · Common Contracts · 3 similar
NewStar Financial, Inc.FOURTH AMENDMENT TO NOTE PURCHASE AGREEMENT (NEWSTAR COMMERCIAL LEASE FUNDING I, LLC)

THIS FOURTH AMENDMENT TO NOTE PURCHASE AGREEMENT, dated as of February 28, 2014 (this “Amendment”), is entered into by and among NEWSTAR COMMERCIAL LEASE FUNDING I, LLC, a Delaware limited liability company, as the borrower (in such capacity, together with its successors and permitted assigns, the “Borrower”), NEWSTAR EQUIPMENT FINANCE I, LLC, a Delaware limited liability company (together with its successors and permitted assigns, “NEF”), as the Servicer and as the originator (in such capacity, together with its successors and permitted assigns, the “Originator”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as the lender (in such capacity, together with its successors and assigns, the “Lender”), WELLS FARGO SECURITIES, LLC, a Delaware limited liability company (together with its successors and assigns, “WFS”), as deal agent (in such capacity, together with its successors and assigns, the “Deal Agent”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national

April 2nd, 2007 · Common Contracts · 3 similar
NewStar Financial, Inc.FIRST AMENDMENT TO STOCKHOLDERS’ AGREEMENT

THIS FIRST AMENDMENT TO STOCKHOLDERS’ AGREEMENT, dated as of August 22, 2005 (this “Amendment”), is entered into in connection with that certain Stockholders’ Agreement dated as of June 18, 2004 (as amended, supplemented, restated or replaced from time to time, the “Stockholders’ Agreement”), by and among NewStar Financial, Inc. a Delaware corporation (formerly known as Novus Capital, Inc.) (“the “Company”) and the other signatories thereto. Capitalized terms used but not defined herein shall have the meanings provided in the Stockholders’ Agreement.

April 2nd, 2007 · Common Contracts · 2 similar
NewStar Financial, Inc.FIRST AMENDMENT TO SECURED LOAN AND SERVICING AGREEMENT

THIS FIRST AMENDMENT, dated as of November 30, 2005 (this “Amendment”), is entered into in connection with that certain Secured Loan and Servicing Agreement, dated as of August 26, 2005 (as amended, supplemented, restated or replaced from time to time, the “Secured Loan and Servicing Agreement”), by and among NewStar Short-Term Funding LLC, as the borrower (together with its successors and assigns in such capacity, the “Borrower”), NewStar Financial, Inc., as the originator (together with its successors and assigns in such capacity, the “Originator”) and as the servicer (together with its successors and assigns in such capacity, the “Servicer”), MMP-5 Funding, LLC, as the lender (together with its successors and assigns in such capacity, the “Lender”), IXIS Financial Products Inc., as the Administrative Agent (together with its successors and assigns in such capacity, the “Administrative Agent”), and U.S. Bank National Association, as the trustee (together with its successors and assig

April 2nd, 2007 · Common Contracts · 2 similar
NewStar Financial, Inc.RESTATED AND AMENDED MANAGEMENT AGREEMENT dated as of November 29, 2005 by and between NEWSTAR CREDIT OPPORTUNITIES FUNDING I LTD., The SPE AND NEWSTAR FINANCIAL, INC., As Manager

This RESTATED AND AMENDED MANAGEMENT AGREEMENT (this “Agreement”) is made and entered into as of the 29th day of November, 2005, by and among NEWSTAR CREDIT OPPORTUNITIES FUNDING I LTD., an exempted company organized under the laws of the Cayman Islands (the “SPE”) and NEWSTAR FINANCIAL, INC., a Delaware corporation (together with its successors and assigns, “NewStar”), as manager (in such capacity, the “Manager”).

October 26th, 2006 · Common Contracts · 2 similar
NewStar Financial, Inc.STOCK PLEDGE AGREEMENT

WHEREAS, pursuant to the Founders Subscription Agreement by and among the Company, the Pledgor and the other investors named therein dated as of the date hereof (as at any time amended, modified or supplemented, the “Subscription Agreement”), the Pledgor has subscribed for shares of Series A Convertible Preferred Stock of the Company (the “Subscription Shares”);

November 19th, 2007 · Common Contracts · 2 similar
NewStar Financial, Inc.VOTING AGREEMENT

This Voting Agreement (this “Agreement”) dated as of November 12, 2007, is made by and between NewStar Financial, Inc., a Delaware corporation (the “Company”), and the undersigned stockholder of the Company (the “Stockholder”).

March 10th, 2009 · Common Contracts · 2 similar
NewStar Financial, Inc.SIXTH AMENDMENT & WAIVER TO SECURED LOAN AND SERVICING AGREEMENT

THIS SIXTH AMENDMENT & WAIVER, dated as of January 24, 2008 (this “Amendment”), is entered into in connection with that certain Secured Loan and Servicing Agreement, dated as of August 26, 2005 (as amended, supplemented, restated or replaced from time to time, the “Secured Loan and Servicing Agreement”), by and among NewStar Short-Term Funding LLC, as the borrower (together with its successors and assigns in such capacity, the “Borrower”), NewStar Financial, Inc., as the originator (together with its successors and assigns in such capacity, the “Originator”) and as the servicer (together with its successors and assigns in such capacity, the “Servicer”), MMP-5 Funding, LLC, as the lender (together with its successors and assigns in such capacity, the “Lender”), NATIXIS Financial Products Inc. (formerly known as IXIS Financial Products Inc.), as the Administrative Agent (together with its successors and assigns in such capacity, the “Administrative Agent”), and U.S. Bank National Associa

April 28th, 2015 · Common Contracts · 2 similar
NewStar Financial, Inc.REGISTRATION RIGHTS AGREEMENT

This REGISTRATION RIGHTS AGREEMENT dated April 22, 2015 (this “Agreement”) is entered into by and among NewStar Financial, Inc., a Delaware corporation (the “Company”), and J.P. Morgan Securities LLC (“J.P. Morgan”), on behalf of itself and the other initial purchasers listed in Schedule 1 to the Purchase Agreement, dated April 17, 2015 (collectively the “Initial Purchasers”).

July 7th, 2017 · Common Contracts · 2 similar
NewStar Financial, Inc.PURCHASE AGREEMENT by and between NEWSTAR FINANCIAL, INC. And FIFTH STREET HOLDINGS L.P.

This PURCHASE AGREEMENT, dated as of July 1, 2017, is made by and between NEWSTAR FINANCIAL, INC., a Delaware Corporation (“Buyer”), and FIFTH STREET HOLDINGS L.P., a Delaware limited partnership (“Seller”).

April 2nd, 2007 · Common Contracts · 2 similar
NewStar Financial, Inc.NEWSTAR FINANCIAL, INC. THIRD AMENDMENT TO STOCKHOLDERS AGREEMENT

THIS THIRD AMENDMENT (this “Amendment”), entered into as of December 12, 2006 to the STOCKHOLDERS AGREEMENT entered into as of June 18, 2004, by and among NEWSTAR FINANCIAL, INC. (f/k/a Novus Capital, Inc.), a Delaware corporation (the “Corporation”) and the securityholders of the Corporation signatory thereto, as amended by the First Amendment to the Stockholders Agreement, dated August 22, 2005, and the Second Amendment to the Stockholders Agreement, dated June 5, 2006 (collectively, the “Agreement”). Capitalized terms used herein without definition shall have the meanings assigned thereto in the Agreement.

March 10th, 2009 · Common Contracts · 2 similar
NewStar Financial, Inc.AMENDED AND RESTATED SALE AND SERVICING AGREEMENT among NEWSTAR FINANCIAL, INC., as Servicer and as Seller NEWSTAR WAREHOUSE FUNDING 2005 LLC, as Purchaser and LYON FINANCIAL SERVICES, INC., d/b/a U.S. Bank Portfolio Services as Backup Servicer Dated...

AMENDED AND RESTATED SALE AND SERVICING AGREEMENT, dated as of December 30, 2005, as AMENDED AND RESTATED as of November 19, 2008 (as it may be further amended, modified or supplemented from time to time, this “Agreement”), among NEWSTAR FINANCIAL, INC, a Delaware corporation (“NewStar Financial”), as seller (in such capacity, “Seller”) and as servicer (in such capacity, “Servicer”), NEWSTAR WAREHOUSE FUNDING 2005 LLC, a Delaware limited liability company (“NewStar LLC”), as purchaser (in such capacity, “Purchaser”) and LYON FINANCIAL SERVICES, INC., d/b/a U.S. Bank Portfolio Services, a national banking association (“USBPS”), as backup servicer (in such capacity, “Backup Servicer”).

October 20th, 2017 · Common Contracts · 2 similar
NewStar Financial, Inc.AGREEMENT AND PLAN OF MERGER by and among FIRST EAGLE HOLDINGS, INC., FE HOLDCO, LLC, FE MERGER SUB, INC. and NEWSTAR FINANCIAL, INC. Dated as of October 16, 2017

This AGREEMENT AND PLAN OF MERGER, dated as of October 16, 2017 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), is entered into by and among First Eagle Holdings, Inc., a Delaware corporation (“Parent”), FE Holdco, LLC, a Delaware limited liability company and a wholly-owned, direct Subsidiary of Parent (“Buyer”), FE Merger Sub, Inc., a Delaware corporation and a wholly-owned, direct Subsidiary of Buyer (“Merger Sub”), and NewStar Financial, Inc., a Delaware corporation (the “Company”).