INTERCREDITOR AGREEMENT dated as of July 27, 2009 among WACHOVIA BANK, NATIONAL ASSOCIATION, as Collateral Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Authorized Representative under the Credit Agreement, andIntercreditor Agreement • July 30th, 2009 • Capitalsource Inc • Miscellaneous business credit institution • New York
INTERCREDITOR AGREEMENT (as amended or supplemented from time to time, this “Agreement”) dated as of July 27, 2009, among WACHOVIA BANK, NATIONAL ASSOCIATION, as collateral agent for the First Lien Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Collateral Agent”), WACHOVIA BANK, NATIONAL ASSOCIATION, as Authorized Representative for the Credit Agreement Secured Parties (in such capacity and together with its successors in such capacity pursuant to any Credit Agreement, the “Administrative Agent”), and U.S. BANK NATIONAL ASSOCIATION, as Authorized Representative for the Notes Secured Parties (in such capacity and together with its successors in such capacity, the “Trustee”).
AMENDED PLEDGE AGREEMENTAmended Pledge Agreement • July 30th, 2009 • Capitalsource Inc • Miscellaneous business credit institution • New York
This AMENDED PLEDGE AGREEMENT (this “Pledge Agreement”) is entered into as of July 27, 2009, by and among (i) CapitalSource Inc., a Delaware corporation (“Initial Borrower”), (ii) the direct and indirect Subsidiaries of the Initial Borrower listed on Part A of Schedule 1(a) attached hereto and any other Subsidiary of the Initial Borrower that becomes a guarantor under the Credit Agreement referred to below (collectively, the “Guarantors” and such parties, together with Initial Borrower, each individually a “Pledgor” and collectively, the “Pledgors”), (iii) Wachovia Bank, National Association, in its capacity as Collateral Agent under the Intercreditor Agreement referred to below (in such capacity, the “Collateral Agent”) for the Secured Parties (as defined below), (iv) Wells Fargo Bank, National Association (“Wells Fargo”) in its capacity as Collateral Custodian for the Collateral Agent and (v) CapitalSource Finance LLC in its capacity as Servicer (as defined below).
AMENDED SECURITY AGREEMENTAmended Security Agreement • July 30th, 2009 • Capitalsource Inc • Miscellaneous business credit institution • New York
This AMENDED SECURITY AGREEMENT (this “Security Agreement”), is entered into as of July 27, 2009 by and among (i) CAPITALSOURCE INC., a Delaware corporation (“Initial Borrower”), (ii) the direct and indirect Subsidiaries of the Initial Borrower listed on Part A of Schedule 1 attached hereto and any other Subsidiary of the Initial Borrower that becomes a guarantor under the Credit Agreement referred to below (collectively, the “Guarantors” and such parties, together with Initial Borrower, collectively the “Obligors” and each individually as an “Obligor”) and (iii) WACHOVIA BANK, NATIONAL ASSOCIATION, in its capacity as Collateral Agent under the Intercreditor Agreement referred to below (in such capacity, the “Collateral Agent”) for the Secured Parties (as defined below).
