FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 24th, 2008 • Resource America Inc • Investors, nec • Pennsylvania
This FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (“Amendment”), dated December 19, 2008, is among Resource America, Inc., a Delaware corporation (“Borrower”), TD BANK, N.A. (successor by merger to Commerce Bank, N.A.), a national banking association, in its capacity as agent (“Agent”), TD BANK, N.A. (successor by merger to Commerce Bank, N.A.), a national banking association, in its capacity as issuing bank (“Issuing Bank”) and each of the financial institutions which are now or hereafter identified as Lenders on Schedule A (as such Schedule may be amended, modified or replaced from time to time) attached to the Loan Agreement (as defined below) (each such financial institution, individually each being a “Lender” and collectively all being “Lenders”).
