AMENDED AND RESTATED LOAN AGREEMENT between AMERICAN BUSINESS LENDING, INC., a Texas corporation, as Borrower, and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as LenderLoan Agreement • February 6th, 2012 • Firstcity Financial Corp • Short-term business credit institutions • New York
THIS AMENDED AND RESTATED LOAN AGREEMENT (this “Agreement”) is made as of the 31st day of January, 2012, by and between AMERICAN BUSINESS LENDING, INC., a Texas corporation with its principal offices located at 1420 West Mockingbird Lane, Suite 540, Dallas, Texas 75247 (“Borrower”), and WELLS FARGO CAPITAL FINANCE, LLC, formerly known as Wells Fargo Foothill, LLC, a Delaware limited liability company having an office at 14241 Dallas Parkway, Suite 1300, Dallas, Texas 75254 (“Lender”), with reference to the following facts:
OMNIBUS AMENDMENT AND REAFFIRMATION OF LOAN DOCUMENTSLoan Documents • February 6th, 2012 • Firstcity Financial Corp • Short-term business credit institutions
THIS OMNIBUS AMENDMENT AND REAFFIRMATION OF LOAN DOCUMENTS (this “Omnibus Amendment” or this “Amendment”) is entered into as of January 31, 2012, by and among WELLS FARGO CAPITAL FINANCE, LLC, formerly known as Wells Fargo Foothill, LLC, a Delaware limited liability company (“Lender”), AMERICAN BUSINESS LENDING, INC., a Texas corporation (“Borrower”), FIRSTCITY FINANCIAL CORPORATION, a Delaware corporation (“FirstCity Financial”), FIRSTCITY SERVICING CORPORATION, a Texas corporation (“FirstCity”),and CHARLES P. BELL, JR., an individual (the “Validity Certifier”). Borrower, FirstCity Financial, FirstCity and the Validity Certifier are sometimes collectively referred to herein as the “Credit Parties”.
