GUARANTY (Corporate)MBC Funding Ii Corp. • April 27th, 2016 • Real estate investment trusts • New York
FOR VALUE RECEIVED, and in consideration of loans made or to be made or credit otherwise extended or to be extended by WEBSTER BUSINESS CREDIT CORPORATION (“Lender”) to or for the account of MANHATTAN BRIDGE CAPITAL, INC. (“MBC”) and each other person which now or hereafter becomes a Borrower under the Credit Agreement (as defined below) (MBC and such other persons, each a “Borrower” and collectively, “Borrowers”) from time to time and at any time and for other good and valuable consideration and to induce Lender, in its discretion, to make such loans or extensions of credit and to make or grant such renewals, extensions, releases of collateral or relinquishments of legal rights as Lender may deem advisable, the undersigned (and each of them if more than one, the liability under this Guaranty being joint and several) (jointly and severally referred to as “Guarantor” or “the undersigned”) unconditionally guaranties to Lender, its successors, endorsees and assigns the prompt payment when
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • April 27th, 2016 • MBC Funding Ii Corp. • Real estate investment trusts • New York
This ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of April 25, 2016, between MBC FUNDING II CORP. (“Buyer”) and MANHATTAN BRIDGE CAPITAL, INC. (“Seller”).
CONTINUING UNCONDITIONAL GUARANTEEMBC Funding Ii Corp. • March 11th, 2016 • Real estate investment trusts • New York
WHEREAS, MBC Funding II Corp., a New York corporation (the “Issuer”), is entering into that certain Indenture, dated as of the date hereof (as the same may be amended, modified, supplemented or restated from time to time, the “Indenture”), with Manhattan Bridge Capital, Inc. (the “Guarantor”), Computershare Trust Company, as initial trustee (the “Trustee”), and Goldenthal & Suss CPA’s and Consultants P.C., as initial collateral agent (the “Collateral Agent”) pursuant to which the Issuer is concurrently issuing its __% Senior Secured Notes due __________ 2026 (the “Notes”) (all capitalized terms used herein shall have the same meaning as ascribed to them in the Indenture unless otherwise expressly stated); and
CONTINUING GUARANTEEContinuing Guarantee • April 27th, 2016 • MBC Funding Ii Corp. • Real estate investment trusts • New York
WHEREAS, MBC Funding II Corp., a New York corporation (the “Issuer”), is entering into that certain Indenture, dated as of the date hereof (as the same may be amended, modified, supplemented or restated from time to time, the “Indenture”), with Manhattan Bridge Capital, Inc. (the “Guarantor”) and Worldwide Stock Transfer, LLC, as initial trustee (the “Trustee”), pursuant to which the Issuer is concurrently issuing its 6% Senior Secured Notes due April 2026 (the “Notes”) (all capitalized terms used herein shall have the same meaning as ascribed to them in the Indenture unless otherwise expressly stated); and
AMENDMENT NO. 2 TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • April 15th, 2016 • MBC Funding Ii Corp. • Real estate investment trusts • New York
THIS AMENDMENT NO. 2 (this “Amendment”) is entered into as of April [__], 2016, by and among MANHATTAN BRIDGE CAPITAL, INC., a New York corporation (“Borrower”), the Subsidiary Guarantors signatory hereto (collectively with Borrower, each a “Loan Party” and collectively, the “Loan Parties) and WEBSTER BUSINESS CREDIT CORPORATION (“Lender”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • April 27th, 2016 • MBC Funding Ii Corp. • Real estate investment trusts • New York
This INTERCREDITOR AGREEMENT, dated as of 25th day of April, 2016 (this “Agreement”), is among Worldwide Stock Transfer, LLC (the “Indenture Trustee”) and Webster Business Credit Corporation (“Webster”).
AMENDMENT NO. 2 TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • April 27th, 2016 • MBC Funding Ii Corp. • Real estate investment trusts • New York
THIS AMENDMENT NO. 2 (this “Amendment”) is entered into as of April 25, 2016, by and among MANHATTAN BRIDGE CAPITAL, INC., a New York corporation (“Borrower”), the Subsidiary Guarantors signatory hereto (collectively with Borrower, each a “Loan Party” and collectively, the “Loan Parties) and WEBSTER BUSINESS CREDIT CORPORATION (“Lender”).
PLEDGE AGREEMENT MADE BY MANHATTAN BRIDGE CAPITAL, INC. TO GOLDENTHAL & SUSS CPA’S AND CONSULTANTS P.C., AS COLLATERAL AGENT DATED AS OF ___________ __, 2016Pledge Agreement • March 11th, 2016 • MBC Funding Ii Corp. • Real estate investment trusts • New York
This PLEDGE AGREEMENT (this “Agreement”), dated as of ______________ __, 2016, is made by MANHATTAN BRIDGE CAPITAL, INC., a New York corporation (“MBC”), to Goldenthal & Suss CPA’s and Consultants P.C., as collateral agent under the Indenture hereinafter described (the “Secured Party”), as grantee hereunder.
MANHATTAN BRIDGE CAPITAL, INC. TO WORLDWIDE STOCK TRANSFER, LLC AS INDENTURE TRUSTEE DATED AS OF APRIL 25, 2016Pledge Agreement • April 27th, 2016 • MBC Funding Ii Corp. • Real estate investment trusts • New York
UNDERWRITING AGREEMENT AmongUnderwriting Agreement • March 11th, 2016 • MBC Funding Ii Corp. • Real estate investment trusts • New York
The undersigned, Manhattan Bridge Capital, Inc., a corporation formed under the laws of the State of New York (“MBC”) and MBC Funding II Corp. (the “Company”), a wholly-owned subsidiary of MBC, hereby confirms their agreement (this “Agreement”) with Aegis Capital Corp. (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
