0001193125-11-169565 Sample Contracts

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT NEWTEK SMALL BUSINESS FINANCE, INC. (as Borrower) and CAPITAL ONE, N.A. (as Lender) Dated as of June 16, 2011
Loan and Security Agreement • June 21st, 2011 • Newtek Business Services Inc • Services-business services, nec • New York

This Amended and Restated Loan and Security Agreement (as the same may be amended, modified, or restated from time to time, this “Agreement”) is dated this 16th day of June 2011 by and between NEWTEK SMALL BUSINESS FINANCE, INC., a New York corporation (“Borrower”), and CAPITAL ONE, N.A. (“Lender”).

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AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • June 21st, 2011 • Newtek Business Services Inc • Services-business services, nec

THIS AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of June 16, 2011 by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 (“Guarantor”), in favor of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (“Lender”).

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