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| NEWS > SEC Filings for NEWS > Form 8-K on 6-Nov-2012 | All Recent SEC Filings |
6-Nov-2012
Entry into a Material Definitive Agreement, Creation of a Direct Financia
On November 5, 2012, NewStar Financial, Inc. (the "Company") entered into the Fifth Amended and Restated Loan and Servicing Agreement (the "Amendment") by and among NewStar CP Funding LLC, as the borrower, the Company, as the originator and the servicer, Wells Fargo Bank, National Association, each of the institutional lenders, conduit lenders, and agents party thereto as lenders, Wells Fargo Securities, LLC, as the administrative agent, and U.S. Bank National Association, as the trustee.
The Amendment, among other things (a) increases the commitment amount to
$175,000,000 from $150,000,000 through the addition of a new lender, (b) added a
provision which, upon the request of the borrower and approval of the
administrative agent in its sole discretion, allows commitments under the
NewStar CP Funding LLC facility to be increased to an amount up to $200,000,000
(c) extends the revolving reinvestment period until November 5, 2015 and
(d) provides for a two-year amortization period ending on November 5, 2017.
The Amendment also requires the borrower and the Company to comply with various financial and other covenants. In addition, the Amendment contains customary events of default and servicer defaults (subject to certain materiality thresholds and grace and cure periods) customary for transactions of this type.
The foregoing description of the Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the Amendment, which has been filed with this Current Report on Form 8-K as Exhibit 10.1.
The information set forth in Item 1.01 of this Current Report on Form 8-K is incorporated herein by reference.
(d) Exhibits
10.1 Fifth Amended and Restated Loan and Servicing Agreement, dated as of November 5, 2012, by and among NewStar CP Funding LLC, NewStar Financial, Inc., Wells Fargo Bank, National Association, each of the institutional lenders, conduit lenders, and agents party thereto as lenders, Wells Fargo Securities, LLC, and U.S. Bank National Association.
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