EXHIBIT 10.1 ------------ Exhibit 7B to SC 13D STOCK PURCHASE AGREEMENT This Stock Purchase Agreement ("Agreement") is entered into by and between Zions First National Bank, a national banking association ("Zions") and Atlas Management Partners, LLC,...Stock Purchase Agreement • August 8th, 2003 • Macc Private Equities Inc • Utah
EXHIBIT 10.7 CONVERTIBLE NOTE AND SECURITY AGREEMENTLetter Agreement • May 17th, 2004 • Macc Private Equities Inc • Utah
INCENTIVE FEE SUBORDINATION AGREEMENT THIS INCENTIVE FEE SUBORDINATION AGREEMENT (this "Agreement"), dated July 21, 2005, is entered into by and among the United States Small Business Administration (the "SBA"), MorAmerica Capital Corporation, an Iowa...Escrow Agreement • August 14th, 2006 • Macc Private Equities Inc • Iowa
AGREEMENT AND PLAN OF MERGER BY AND BETWEEN MACC PRIVATE EQUITIES INC., A DELAWARE CORPORATION, AND MORAMERICA CAPITAL CORPORATION, AN IOWA CORPORATIONAgreement and Plan of Merger • May 1st, 2008 • Macc Private Equities Inc
EXHIBIT 10.2.b. SECOND AMENDMENT TO INVESTMENT ADVISORY AGREEMENT BETWEEN MORAMERICA CAPITAL CORPORATION AND INVESTAMERICA INVESTMENT ADVISORS, INC.Investment Advisory Agreement • December 27th, 2002 • Macc Private Equities Inc
LETTER AGREEMENT REGARDING SUBSIDIARY SUPPORT March 1, 2004Letter Agreement • May 17th, 2004 • Macc Private Equities Inc • Delaware
Exhibit 10(i).1 BUSINESS LOAN AGREEMENT --------- ---------- ---------- ---------- --------- ------- ------- -------- Principal Loan Date Maturity Loan No Call/Coll Account Officer Initials $6,250,000.00 08-30-2007 08-28-2009 1089921654 410 / 4 703...Business Loan Agreement • September 6th, 2007 • Macc Private Equities Inc • Iowa
THIS BUSINESS LOAN AGREEMENT dated August 30, 2007, is made and executed between MorAmerica Capital Corporation ("Borrower") and Cedar Rapids Bank and Trust Company ("Lender") on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement ("Loan"). Borrower understands and agrees that: (A) in granting, renewing, or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements as set forth in this Agreement; (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender's sole judgment and discretion; and (C) all such Loans shall be and remain subject to the terms and conditions of this Agreement.
GUARANTYGuaranty • May 17th, 2004 • Macc Private Equities Inc • Delaware
INVESTMENT SUBADVISORY AGREEMENTInvestment Subadvisory Agreement • May 1st, 2008 • Macc Private Equities Inc • Delaware
This INVESTMENT SUBADVISORY AGREEMENT (this "Agreement") is made and entered into by and among MACC PRIVATE EQUITIES INC., a Delaware corporation ("MACC"), EUDAIMONIA ASSET MANAGEMENT, LLC, a California limited liability company ("Eudaimonia") and INVESTAMERICA INVESTMENT ADVISORS, INC., a Delaware corporation ("InvestAmerica"), dated as of the 29th day of April, 2008.
Exhibit 10(i).6 PROMISSORY NOTE --------- ---------- ---------- ---------- --------- ------- ------- -------- Principal Loan Date Maturity Loan No Call/Coll Account Officer Initials $6,250,000.00 08-30-2007 08-28-2009 1089921654 410 / 4 703 ---------...Promissory Note • September 6th, 2007 • Macc Private Equities Inc
--------- ---------- ---------- ---------- --------- ------- ------- -------- Principal Loan Date Maturity Loan No Call/Coll Account Officer Initials $6,250,000.00 08-30-2007 08-28-2009 1089921654 410 / 4 703 --------- ---------- ---------- ---------- --------- ------- ------- -------- References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations.
FIRST AMENDMENT TO AGREEMENT This First Amendment to Agreement (this "First Amendment") is made this 29th day of April, 1998, among and between Zions Bancorporation, a Utah corporation ("Bancorporation"), Zions First National Bank, a national banking...To Agreement • December 29th, 1998 • Macc Private Equities Inc
Exhibit 10.1 INVESTMENT ADVISORY AGREEMENT This INVESTMENT ADVISORY AGREEMENT (this "Agreement") is entered into as of April 29, 2008, 2008 by and between MACC PRIVATE EQUITIES INC., a corporation organized under the laws of the State of Delaware (the...Investment Advisory Agreement • May 1st, 2008 • Macc Private Equities Inc • Delaware
Exhibit 10(i).4 COMMERCIAL SECURITY AGREEMENT --------- ---------- ---------- ---------- --------- ------- ------- -------- Principal Loan Date Maturity Loan No Call/Coll Account Officer Initials $6,250,000.00 08-30-2007 08-28-2009 1089921654 410 / 4...Commercial Security Agreement • September 6th, 2007 • Macc Private Equities Inc • Iowa
1 EXHIBIT (10)(3)(c)Agreement • May 14th, 2001 • Macc Private Equities Inc
Exhibit 10.2 INTERIM INVESTMENT ADVISORY AGREEMENT MORAMERICA CAPITAL CORPORATION, An Iowa Corporation This INTERIM INVESTMENT ADVISORY AGREEMENT dated as of April 30, 2005 (the "Agreement") by MorAmerica Capital Corporation, a corporation organized...Interim Investment Advisory Agreement • May 3rd, 2005 • Macc Private Equities Inc • Delaware
EMPLOYMENT AGREEMENT BETWEEN DAVID R. SCHRODER AND MACC PRIVATE EQUITIES INC.Employment Agreement • May 17th, 2004 • Macc Private Equities Inc • Iowa
Exhibit 10(i).2 COMMERCIAL GUARANTYCommercial Guaranty • September 6th, 2007 • Macc Private Equities Inc
CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and
RECITALSShareholder and Voting Agreement • October 10th, 2003 • Macc Private Equities Inc • Utah
RECITALSStrategic Agreement • October 10th, 2003 • Macc Private Equities Inc • Utah
Exhibit 10.5 INVESTMENT ADVISORY AGREEMENT MORAMERICA CAPITAL CORPORATION, An Iowa Corporation This INVESTMENT ADVISORY AGREEMENT dated as of March 1, 2004 (the "Agreement") by MorAmerica Capital Corporation, a corporation organized under the laws of...Investment Advisory Agreement • May 17th, 2004 • Macc Private Equities Inc • Delaware
EXHIBIT 10.1.d.Investment Advisory Agreement • May 14th, 2003 • Macc Private Equities Inc
THIS FOURTH AMENDMENT TO MACC PRIVATE EQUITIES INC. INVESTMENT ADVISORY AGREEMENT (this "Fourth Amendment"), dated as of February 25, 2003, amends the terms of the MACC Private Equities Inc. Investment Advisory Agreement (the "Agreement") dated as of March 1, 1998, between MACC Private Equities Inc. (the "Corporation") and InvestAmerica Investment Advisors, Inc. ("InvestAmerica"), as amended by the First Amendment to MACC Private Equities Inc. Investment Advisory Agreement, dated as of February 22, 2000 (the "First Amendment"), and as further amended by the Second Amendment to MACC Private Equities Inc. Investment Advisory Agreement, dated as of February 27, 2001 (the "Second Amendment") and the Third Amendment to MACC Private Equities Inc. Investment Advisory Agreement, dated as of February 26, 2002 (the "Third Amendment"). All terms and conditions of the Agreement shall remain in full force and effect except as expressly amended herein. All capitalized terms used but not defined here
EXHIBIT 10.1.c. THIRD AMENDMENT TO INVESTMENT ADVISORY AGREEMENT BETWEEN MACC PRIVATE EQUITIES INC. AND INVESTAMERICA INVESTMENT ADVISORS, INC. THIRD AMENDMENT TO MACC PRIVATE EQUITIES INC. INVESTMENT ADVISORY AGREEMENT THIS THIRD AMENDMENT TO MACC...Investment Advisory Agreement • December 27th, 2002 • Macc Private Equities Inc
THIS THIRD AMENDMENT TO MACC PRIVATE EQUITIES INC. INVESTMENT ADVISORY AGREEMENT (this "Third Amendment"), dated as of February 26, 2002, amends the terms of the MACC Private Equities Inc. Investment Advisory Agreement (the "Agreement") dated as of March 1, 1998, between MACC Private Equities Inc. (the "Corporation") and InvestAmerica Investment Advisors, Inc. ("InvestAmerica"), as amended by the First Amendment to MACC Private Equities Inc. Investment Advisory Agreement, dated as of February 22, 2000 (the "First Amendment"), and as further amended by the Second Amendment to MACC Private Equities Inc. Investment Advisory Agreement, dated as of February 27, 2001 (the "Second Amendment"). All terms and conditions of the Agreement shall remain in full force and effect except as expressly amended herein. All capitalized terms used but not defined herein shall have their respective meanings as set forth in the Agreement.
Exhibit 10(i).3 COMMERCIAL PLEDGE AND SECURITY AGREEMENT --------- ---------- ---------- ---------- --------- ------- ------- -------- Principal Loan Date Maturity Loan No Call/Coll Account Officer Initials $6,250,000.00 08-30-2007 08-28-2009...Commercial Pledge and Security Agreement • September 6th, 2007 • Macc Private Equities Inc • Iowa
EXHIBIT 99.1 TERMINATION AND WAIVER AGREEMENT This TERMINATION AND WAIVER AGREEMENT (this "Agreement") is made and entered into as of April 29, 2008 by and among MACC PRIVATE EQUITIES INC., a Delaware corporation ("MACC"), MORAMERICA CAPITAL...Termination and Waiver Agreement • May 1st, 2008 • Macc Private Equities Inc • Delaware
SBA AGREEMENTSba Agreement • June 16th, 2005 • Macc Private Equities Inc
EXHIBIT 10.1.BAgreement • December 29th, 1997 • Macc Private Equities Inc
EXHIBIT 10.3Macc Private Equities Inc • December 29th, 2003 • Delaware
AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE This Agreement of Settlement and Mutual Release ("Agreement") is made and entered into by and among Rocky Mountain Mezzanine Fund II, L.P.; Hanifen Imhoff Mezzanine Fund, L.P.; MorAmerica Capital Corporation...Agreement of Settlement and Mutual Release • January 13th, 2005 • Macc Private Equities Inc • Delaware
This Agreement of Settlement and Mutual Release ("Agreement") is made and entered into by and among Rocky Mountain Mezzanine Fund II, L.P.; Hanifen Imhoff Mezzanine Fund, L.P.; MorAmerica Capital Corporation and NDSBIC, L.P. (collectively the "Investors"), and TransCore Holdings, Inc. ("TransCore") (each a "Party" and collectively the "Parties").
THIRD AMENDMENT TO BUSINESS LOAN AGREEMENTBusiness Loan Agreement • April 13th, 2010 • Macc Private Equities Inc • Iowa
This THIRD AMENDMENT TO BUSINESS LOAN AGREEMENT (“Third Amendment”) is dated as of March 31, 2010 (“Third Amendment Effective Date”), by and between CEDAR RAPIDS BANK & TRUST COMPANY (the “Lender”) and MACC Private Equities, Inc., f/k/a MorAmerica Capital Corporation (the “Borrower”).
MACC PRIVATE EQUITIES INC. MORAMERICA CAPITAL CORPORATIONMacc Private Equities Inc • September 11th, 2008
This letter will confirm our agreement with respect to our designation of Cedar Rapids Bank & Trust (the “Bank”) as the safekeeping agent for the securities and similar investments of MACC Private Equities Inc. and MorAmerica Capital Corporation (the “Corporations”).
SECOND AMENDMENT TO BUSINESS LOAN AGREEMENT AND SECURITY AGREEMENTSBusiness Loan Agreement and Security Agreements • December 28th, 2009 • Macc Private Equities Inc • Iowa
This SECOND AMENDMENT TO BUSINESS LOAN AGREEMENT AND SECURITY AGREEMENTS (“Second Amendment”) is dated as of August 14, 2009 (“Second Amendment Effective Date”), by and between CEDAR RAPIDS BANK & TRUST COMPANY (the “Lender”) and MACC Private Equities Inc., f/k/a MorAmerica Capital Corporation (the “Borrower”).
THIRD AMENDMENT TO INVESTMENT ADVISORY AGREEMENT BETWEEN MORAMERICA CAPITAL CORPORATION AND INVESTAMERICA INVESTMENT ADVISORS, INC.Macc Private Equities Inc • May 14th, 2003
ContractBusiness Loan Agreement • January 26th, 2011 • Macc Private Equities Inc • Iowa
FOURTH AMENDMENT TO BUSINESS LOAN AGREEMENTBusiness Loan Agreement • August 20th, 2010 • Macc Private Equities Inc • Iowa
This FOURTH AMENDMENT TO BUSINESS LOAN AGREEMENT (“Fourth Amendment”) is dated as of August 16, 2010 (“Fourth Amendment Effective Date”), by and between CEDAR RAPIDS BANK & TRUST COMPANY (the “Lender”) and MACC Private Equities, Inc., f/k/a MorAmerica Capital Corporation (the “Borrower”).
Exhibit 10(i).7 MORAMERICA CAPITAL CORPORATION August 30, 2007 Mr. Dana L. Nichols Senior Vice President Cedar Rapids Bank & Trust 500 1st Avenue NE Cedar Rapids, IA 52401 Dear Dana: This letter will confirm our agreement with respect to our...Macc Private Equities Inc • September 6th, 2007
This letter will confirm our agreement with respect to our commitment to use our best efforts to obtain any and all consents and waivers by the required parties in order to allow MorAmerica Capital Corporation ("MorAmerica") to validly pledge and grant to Cedar Rapids Bank & Trust ("Bank") a security interest in the securities or instruments identified on Schedule 2 attached. Each of the securities and instruments listed on Schedule 2 are subject to some form of restriction on the transferability or pledge or hypothecation of those instruments.
