AMENDED AND RESTATED NOTECLST Holdings, Inc. • November 3rd, 2010 • Wholesale-electronic parts & equipment, nec • New York
THIS NOTE (THE “NOTE”) HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE “SECURITIES ACT”). NEITHER THIS NOTE NOR ANY PORTION HEREOF MAY BE OFFERED OR SOLD EXCEPT IN COMPLIANCE WITH THE REGISTRATION PROVISIONS OF THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM SUCH REGISTRATION PROVISIONS.
SALE AND ASSIGNMENTSale and Assignment • November 3rd, 2010 • CLST Holdings, Inc. • Wholesale-electronic parts & equipment, nec • New York
THIS SALE AND ASSIGNMENT, dated as of August 31, 2010 (this “Agreement”), is entered into between CLST Asset Trust II (the “Seller”) and FCC Investment Trust I (the “Buyer”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 3rd, 2010 • CLST Holdings, Inc. • Wholesale-electronic parts & equipment, nec • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is executed as of October 29, 2010, by and among FCC INVESTMENT TRUST I, a Delaware statutory trust (the “Borrower”), FORTRESS CREDIT CO LLC, a Delaware limited liability company (“Fortress”), in its capacity as the administrative agent (the “Administrative Agent”), FORTRESS CREDIT FUNDING I LP, as a Lender, FORTRESS CREDIT FUNDING III LP, as a Lender, FORTRESS CREDIT OPPORTUNITIES I L.P., as a Lender (collectively, the “Lenders”), FCC FINANCE, LLC, a Delaware limited liability company, as the servicer (the “Servicer”), U.S. BANK NATIONAL ASSOCIATION, as the collateral custodian (the “Collateral Custodian”) and LYON FINANCIAL SERVICES, INC. (d/b/a U.S. Bank Portfolio Services), as the backup servicer (the “Backup Servicer”). Capitalized terms used but not defined herein have the meanings provided in the Credit Agreement (defined below).
SALE AND ASSIGNMENTSale and Assignment • November 3rd, 2010 • CLST Holdings, Inc. • Wholesale-electronic parts & equipment, nec • New York
THIS SALE AND ASSIGNMENT, dated as of October 29, 2010 (this “Agreement”), is entered into between FCC Investment Trust I (the “Seller”) and 50-by-50 LLC (the “Buyer”).
