SunTrust Bank. SunTrust Bank, in its individual capacity.
SunTrust Bank. (“SunTrust”), as a Letter of Credit Issuer and a Committed Investor;
SunTrust Bank. [If the Note to which this Coupon relates is a Fixed Rate Note:] This is a Coupon for due on . [If the Note to which this Coupon relates is a Floating Rate Note:] This is a Coupon for the amount due on the Interest Payment Date falling on . This Coupon is payable to bearer (subject to the terms and conditions of the Note to which this Coupon appertains, which shall be binding upon the bearer of this Coupon whether or not it is for the time being attached to such Note) at the specified offices of each Paying Agent set out on the reverse hereof (or any other Paying Agent or specified office duly appointed or nominated and notified to the holders of Notes of the Series of which the Note to which this Coupon appertains is a part). If the Note to which this Coupon appertains shall have become due and payable before the date this Coupon matures, this Coupon shall become void and no payment shall be made in respect hereof. SUNTRUST BANK By: Name: Title: [Reverse of Coupon] [Names and Addresses of Paying Agents] and/or such other or further agents and/or specified offices as may from time to time be duly appointed or nominated and notified to holders of Notes of the Series of which the Note to which this Coupon appertains is a part. EXHIBIT G FORM OF TALON [On the front:] ANY UNITED STATES PERSON WHO HOLDS THIS OBLIGATION WILL BE SUBJECT TO LIMITATIONS UNDER THE UNITED STATES INCOME TAX LAWS, INCLUDING THE LIMITATIONS PROVIDED IN SECTIONS 165(j) AND 1287(a) OF THE INTERNAL REVENUE CODE. SUNTRUST BANK After all the Coupons numbered through appertaining to the Note and issued in the Coupon sheet to which this Talon was attached have matured, further Coupons numbered through [and a further Talon giving entitlement to further Coupons [and a further Talon]] will be issued at any specified office of the Paying Agents set out on the reverse hereof (or such one or more of them and/or such other or further Paying Agents and/or specified offices as shall have been duly appointed or nominated and notified to the holders of the Notes of the Series of which the Note to which this Talon appertains is a part) upon production and surrender of this Talon, subject to the terms and conditions of such Note, which shall be binding on the holder of this Talon whether or not it is for the time being attached to such Note. This Talon is separately negotiable. The Coupons to which this Talon give entitlement may, in certain circumstances, become void under the terms and conditions of the ...
SunTrust Bank. By: /s/ Michxxx Xxxxxxx --------------------------------------- Name: Michxxx Xxxxxxx ------------------------------------- Title: Commercial Officer ------------------------------------ [Signatures continue.] 95 COMPASS BANK By: /s/ K. Kellx Xxxxxxxx -------------------------------------- Name: K. Kellx Xxxxxxxx ------------------------------------ Title: Vice President ----------------------------------- [Signatures End.]
SunTrust Bank. By: ------------------------------------ Name: Title: [Reverse of Receipt] [Names and Addresses of Paying Agents] and/or such other or further agents and/or specified offices as may from time to time be duly appointed or nominated and notified to holders of Notes of the Series of which the Note to which this Receipt appertains is a part. EXHIBIT I [FORM OF] AMENDED AND RESTATED INTEREST CALCULATION AGENCY AGREEMENT, dated as of March 31, 2004, between SUNTRUST BANK (the "Bank") and DEUTSCHE BANK TRUST COMPANY AMERICAS, as calculation agent.
SunTrust Bank. By:------------------------------------ Title:--------------------------------- EXHIBIT A MASTER NOTE [date] Atlanta, Georgia FOR VALUE RECEIVED, the undersigned, ____________________, a __________________________ (the "Borrower"), promises to pay to the order of SUNTRUST BANK, a Georgia banking corporation (the "Bank") at Bank's principal office in Atlanta, Georgia, or at such other place as the holder hereof may designate by notice in writing to Borrower, in immediately available funds in lawful money of the United States of America, on the Maturity Date, as set forth in that certain Line of Credit Agreement, dated as of even date herewith (the "Agreement") by and between the Borrower and Bank, the lesser of (i) principal sum of [FIFTY THOUSAND to THREE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($50,000 to $3,500,000.00)], or (ii) so much thereof as shall have been from time to time disbursed hereunder in accordance with the Agreement and not theretofore repaid, as shown on the grid schedule attached hereto (the "Grid Schedule"). In addition to principal, Borrower agrees to pay interest on the principal amounts disbursed hereunder from time to time from the date of each disbursement until paid at such rates of interest per annum and upon such dates as provided for in the Agreement. Interest shall accrue on the outstanding principal balance from the date hereof up to and through the date on which all principal and interest hereunder is paid in full, and shall be computed on the basis of the actual number of days elapsed in a 365-day year. Such interest is to be paid to Bank at its address set forth above. Any principal amount due under this Note that is not paid on the due date therefor whether on the Maturity Date, or resulting from the acceleration of maturity upon the occurrence of an Event of Default (as defined in the Agreement), shall bear interest from the date due until payment in full at the Default Rate, as such term is defined in the Agreement. This Master Note ("Note") evidences a loan incurred pursuant to the terms and conditions of the Agreement to which reference is hereby made for a full and complete description of such terms and conditions, including, without limitation, provisions for the acceleration of the maturity hereof upon the existence or occurrence of certain conditions or events, and the terms of any permitted prepayments hereof. All capitalized terms used in this Note shall have the same meanings as set forth in the Agre...
SunTrust Bank. By: /s/ ------------------------------- Notice Address: X.X. Xxx 0000 Xxxxxxx, Xxxxxxx 00000 Telecopier: (000) 000-0000 The Northern Trust Company By: /s/ ------------------------------- Notice Address: 00 Xxxxx XxXxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 Telecopier: (000) 000-0000 The Sumitomo Bank, Limited By: /s/ ------------------------------- Notice Address: 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Telecopier: (000) 000-0000 Signature Page to Joinder Agreement dated as of November 1, 1995 among Xxxxxxx Corporation and the Additional Lenders identified below (page 2 of 2 pages). Wachovia Bank of Georgia, N.A. By: /s/ ------------------------------- Notice Address: 000 Xxxxxxxxx Xxxxxx, X.X. Xxxxxxx, Xxxxxxx 00000 Telecopier: (000) 000-0000 The Sanwa Bank Limited By: /s/ ------------------------------- Notice Address: 00 Xxxx 00xx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Telecopier: (000) 000-0000 The Fuji Bank, Limited By: /s/ ------------------------------- Notice Address: Xxx Xxxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Telecopier: (000) 000-0000
SunTrust Bank. The undersigned represents and warrants that the foregoing is true, accurate and complete as of the date indicated below, and that the information reflected in this Borrowing Base Certificate complies with the representations and warranties set forth in the Loan Agreement between the undersigned, Bank of America, N.A., Wachovia Bank, National Association, RBC Bank (USA), and SunTrust Bank. Portfolio Recovery Associates, Inc. Date: __________________ By: Steven D. Frexxxxxxxx Xxxxxxxxx xxd Chief Executive Officer EXHIBIT E Bank of America, N.A. Wachovia Bank, National Association RBC Bank (USA) SunTrust Bank COMPLIANCE CERTIFICATE TO: BANK OF AMERICA, N.A, WACHOVIA BANK, NATIONAL ASSOCIATION, RBC BANK (USA), and SunTrust Bank (the “Banks”) FROM: PORTFOLIO RECOVERY ASSOCIATES, INC. The undersigned authorized officer of Portfolio Recovery Associates, Inc. (“Borrower”) hereby certifies that in accordance with the terms and conditions of the Third Amended and Restated Loan and Security Agreement between Borrower and the Banks dated May 2, 2008 (the “Agreement”), (i) Borrower is in complete compliance for the period ending with all covenants set forth in the Agreement, except as noted below and (ii) all representations and warranties of Borrower stated in the Agreement are true, correct and accurate as of the date hereof. Attached herewith are the required documents supporting the above certification. The undersigned authorized officer further certifies that this Compliance Certificate and any supporting financial documents have been prepared in accordance with Generally Accepted Accounting Principles (GAAP) and are consistently applied from one period to the next except as explained in an accompanying letter or footnotes – or unless otherwise permitted in the Agreement. Reference is made to the Agreement for the relevant meanings of the reporting requirements and covenants which are stated below in a “short-hand” manner. Please indicate compliance status by circling Yes/No under “Complies” column. Reporting Covenant Required Complies Quarterly financial statements Quarterly within 30 days Yes No Quarterly audits of Net Financed Balances Quarterly within 30 days Yes No Annual financial statements (Audited) FYE within 120 days Yes No 10K and 10Q As applicable Yes No Borrowing Base Cert. – Estimated Remaining Collections Monthly within 30 days Yes No (Continued on Next Page) Compliance Certificate (Continued from Previous Page)
SunTrust Bank shall replace CoBank, ACB as a Co-Lead Arranger and shall function as such along with Bank of America, N.A..
SunTrust Bank. ("SunTrust Bank") is a commercial bank duly organized, validly existing and in good standing under the laws of the State of Georgia. Each STI Subsidiary (i) is duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or organization, (ii) is duly licensed or qualified to do business in all jurisdictions (whether federal, state, local or foreign) where its ownership or leasing of property or the conduct of its business requires it to be so licensed or qualified and (iii) has all requisite corporate or other power and authority to own or lease its properties and assets and to carry on its business as now conducted. The articles of incorporation, by-laws and similar governing documents of each Subsidiary of STI, copies of which have previously been made available to NCF, are true, complete and correct copies of such documents as of the date of this Agreement. The deposit accounts of SunTrust Bank are insured by the Federal Deposit Insurance Corporation (the "FDIC") through the Bank Insurance Fund or the Savings Association Insurance Fund to the fullest extent permitted by law, and all premiums and assessments required to be paid in connection therewith have been paid when due. As used in this Agreement, the word "Subsidiary" when used with respect to any party means any bank, savings bank, corporation, partnership, limited liability company, or other organization, whether incorporated or unincorporated, which is consolidated with such party for financial reporting purposes under GAAP (as defined herein).
