0001104659-11-071139 Sample Contracts

AMENDED AND RESTATED REDUCING NOTE FACILITY AGREEMENT among FIRSTCITY COMMERCIAL CORPORATION as Borrower and FLBG CORPORATION as a Guarantor BANK OF SCOTLAND PLC as Lender, with BANK OF SCOTLAND PLC, acting through its New York Branch, as Agent and...
Reducing Note Facility Agreement • December 23rd, 2011 • Firstcity Financial Corp • Short-term business credit institutions • New York

AMENDED AND RESTATED REDUCING NOTE FACILITY AGREEMENT, dated as of December 19, 2011 among FIRSTCITY COMMERCIAL CORPORATION, a Texas corporation, as Borrower (the “Borrower”), FLBG CORPORATION, a Texas corporation, as Guarantor (“FLBG”), BANK OF SCOTLAND PLC, acting through its New York branch, as lender (the “Lender”), the financial institutions from time to time party hereto as Lender (together with the Lender, the “Lenders”), and BANK OF SCOTLAND PLC, acting through its New York branch, as agent for Lenders (in such capacity, “Agent”) and as collateral agent for Lenders (in such capacity, “Collateral Agent”).

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REDUCING NOTE FACILITY AGREEMENT among FLBG2 HOLDINGS LLC as Borrower and BOS (USA) INC. as Lender, with BANK OF SCOTLAND PLC, acting through its New York Branch, as Agent and Collateral Agent
Reducing Note Facility Agreement • December 23rd, 2011 • Firstcity Financial Corp • Short-term business credit institutions • New York

REDUCING NOTE FACILITY AGREEMENT, dated as of December 19, 2011 among FLBG2 HOLDINGS LLC, a Texas limited liability company, as Borrower (the “Borrower”), BOS (USA) INC. a Delaware corporation (the “Lender”), the financial institutions from time to time party hereto as Lenders (together with the Lender, the “Lenders”), and BANK OF SCOTLAND PLC, acting through its New York branch, as agent for Lender (in such capacity, “Agent”) and as collateral agent for Lender (in such capacity, “Collateral Agent”).

AMENDED AND RESTATED GUARANTY AGREEMENT
Guaranty Agreement • December 23rd, 2011 • Firstcity Financial Corp • Short-term business credit institutions • New York

This AMENDED AND RESTATED GUARANTY AGREEMENT (this “Agreement”) made as of December 19, 2011 by FirstCity Financial Corporation, a Delaware corporation (the “Guarantor”), in favor of Bank of Scotland Plc, acting through its New York Branch, as Agent (in such capacity, and including its successors and assigns in such capacity, the “Agent”), for the benefit of the lender (the “Lender”) party to the Amended and Restated Reducing Note Facility Agreement referred to below. Unless otherwise defined herein, capitalized terms shall have the respective meanings assigned to them in the Amended and Restated Reducing Note Facility Agreement.

50,000,000 TERM LOAN LOAN AGREEMENT among FH Partners LLC as Borrower, and BANK OF AMERICA, N.A. as Agent and as a Lender and The Other Lenders Now or Hereafter Parties Hereto Dated as of December 19, 2011
Loan Agreement • December 23rd, 2011 • Firstcity Financial Corp • Short-term business credit institutions • Rhode Island

THIS LOAN AGREEMENT (“Agreement”) is made as of the 19th day of December, 2011, by and among (a) FH Partners LLC, a Texas limited liability company having a principal place of business at 6400 Imperial Drive, P.O. Box 8216, Waco, Texas 76712 (“Borrower”), (b) BANK OF AMERICA, N.A., a national banking association organized under the laws of the United States having an address at 111 Westminster Street, Suite 1200, Mail Stop: RI1-102-12-06, Providence, Rhode Island 02903 (hereinafter sometimes referred to as “Agent” and sometimes as “Bank of America”) as a Lender and in its capacity as Agent for itself and for each of the other Lenders who now or hereafter become parties to this Agreement pursuant to the terms of Section 12 hereof, and (c) all such Lenders.

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