AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • November 7th, 2012 • Encore Capital Group Inc • Short-term business credit institutions • New York
This AMENDED AND RESTATED INTERCREDITOR AGREEMENT, dated as of November 5, 2012 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), amends and restates in its entirety that certain Intercreditor Agreement, dated as of September 20, 2010 (as amended, supplemented or otherwise modified as of the date hereof, the “Original Agreement”) and is entered into by and among SunTrust Bank (“SunTrust”), in its capacity as administrative agent (collectively with its successors and assigns, the “Agent”) for the “Lenders” under the Bank Credit Agreement (as defined below) (such Lenders, collectively with their respective successors and assigns, the “Banks”) and the holders of the Pru Notes (as defined below) listed on Annex II attached hereto (collectively with their respective successors and assigns, the “Pru Noteholders”) (the Banks, the relevant Affiliates of the Banks (in respect of Banking Services Obligations and Rate Management Obligat
AMENDED AND RESTATED CREDIT AGREEMENT dated as of November 5, 2012 among ENCORE CAPITAL GROUP, INC. as Borrower THE LENDERS FROM TIME TO TIME PARTY HERETO and SUNTRUST BANK as Administrative Agent and Collateral Agent BANK OF AMERICA, N.A. as...Credit Agreement • November 7th, 2012 • Encore Capital Group Inc • Short-term business credit institutions • New York
THIS AMENDED AND RESTATED AGREEMENT (this “Agreement”) is made and entered into as of November 5, 2012, by and among ENCORE CAPITAL GROUP, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions and lenders from time to time party hereto (the “Lenders”), and SUNTRUST BANK, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as collateral agent for the Secured Parties, as issuing bank (the “Issuing Bank”) and as swingline lender (the “Swingline Lender”).
SECOND AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • November 7th, 2012 • Encore Capital Group Inc • Short-term business credit institutions • New York
THIS SECOND AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT (this “Security Agreement”) is entered into as of November 5, 2012 by and among ENCORE CAPITAL GROUP, INC., a Delaware corporation (the “Borrower”), the Subsidiaries of the Borrower listed on the signature pages hereto (together with the Borrower, the “Initial Grantors” and together with any additional Domestic Subsidiaries, whether now existing or hereafter formed which become parties to this Security Agreement by executing a Supplement hereto in substantially the form of Annex I, the “Grantors”), and SUNTRUST BANK, in its capacity as Collateral Agent (the “Collateral Agent”) for (i) the lenders party to the Credit Agreement referred to below (collectively, the “Lenders”) and (ii) the Note Purchasers party to the Note Agreement referred to below.
AMENDED AND RESTATED GUARANTYEncore Capital Group Inc • November 7th, 2012 • Short-term business credit institutions
THIS AMENDED AND RESTATED GUARANTY (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Guaranty”) is made as of November 5, 2012, by each of the Subsidiaries of Encore Capital Group, Inc. listed on the signature pages hereto (each an “Initial Guarantor”, and together with any additional Domestic Subsidiaries which become parties to this Guaranty by executing a Supplement hereto in the form attached hereto as Annex I, the “Guarantors”), in favor of SUNTRUST BANK, as Administrative Agent (the “Administrative Agent”) for the benefit of the Guaranteed Creditors (as defined below) under the Credit Agreement described below. Each capitalized term used herein and not defined herein shall have the meaning ascribed thereto in the Credit Agreement described below.
AMENDMENT NO. 2 Dated as of November 5, 2012 to AMENDED AND RESTATED SENIOR SECURED NOTE PURCHASE AGREEMENT Dated as of February 10, 2011Secured Note Purchase Agreement • November 7th, 2012 • Encore Capital Group Inc • Short-term business credit institutions • New York
THIS AMENDMENT NO. 2 (“Amendment”) is made as of November 5, 2012 by and among Encore Capital Group, Inc. (the “Company”) and the undersigned holders of Notes (the “Noteholders”). Reference is made to that certain Amended and Restated Senior Secured Note Purchase Agreement, dated as of February 10, 2011, between the Company, on the one hand, and the Purchasers named therein, on the other hand (as amended, supplemented or otherwise modified from time to time, the “Note Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Note Agreement.
