Current Report — Form 8-K Filing Table of Contents
Document/ExhibitDescriptionPagesSize
1: 8-K Current Report -- form8k_082203 HTML 33K
4: EX-4 Amen- Restated Reg Rights HTML 19K
3: EX-4 Amend Reg Rights HTML 113K
2: EX-4 Reg Rights Agreement HTML 93K
5: EX-4 Warrant Agrmt HTML 72K
7: EX-10 Acknowlege Guarantee HTML 33K
12: EX-10 Amend No. 1 HTML 20K
16: EX-10 Exclusivity Agrmt HTML 25K
6: EX-10 Fifth Amend to Lease HTML 15K
14: EX-10 First Amend Svc Agrmt HTML 17K
10: EX-10 Letter Agreement HTML 10K
15: EX-10 Second Amend Svc Agrmt HTML 20K
8: EX-10 Servicing Agreement HTML 59K
13: EX-10 Servicing Agreement HTML 130K
11: EX-10 Servicing Agreement 12-27-00 HTML 29K
9: EX-10 Supplement to Svc Agrmt HTML 71K
17: EX-21 Subsidiaries HTML 7K
ACKNOWLEDGMENT OF LIMITED GUARANTY
The undersigned refers to (i) the Limited Guaranty, dated August 28, 1998, executed by the undersigned in favor of Bank of
America, N.A., formerly known as NationsBank, N.A., and (ii) the Limited Guaranty, dated September 25, 1998, executed by the
undersigned in favor of Bank of America, N.A., formerly known as NationsBank, N.A. (collectively, the "Guaranties"), pursuant to
which the undersigned guaranteed the repayment of the Liabilities (as defined in the Guaranties) with respect to certain Notes (as
defined in each of the Guaranties) executed by Midland Credit Management Inc. to the order of NationsBank, N.A. and in the
aggregate original principal amount of $15,000,000. The undersigned acknowledges and confirms that (A) the Seventh Amended and
Restated Promissory Note, dated April 10, 2003, executed by Midland Credit Management Inc. to the order of Bank of America, N.A.
and in the original principal amount of $5,000,000 (the "New Note"), constitutes a renewal and extension of the Notes, (B) any
reference to "Note" in a Guaranty shall mean the New Note, as amended or otherwise modified from time to time, and (C) each
Guaranty shall remain in full force and effect with respect to the New Note and is hereby ratified and confirmed in all respects.
For the avoidance of doubt, this Acknowledgment and all other substantially similar acknowledgments by additional guarantors dated
on or about the date hereof relating to the New Note collectively acknowledge guaranties of an aggregate of $5,000,000 plus
accrued and unpaid interest.
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the
15 day of April, 2003.
Witnessed By: Guarantor:
/s/ Stuart Rosen______________ /s/ Peter W. May______________ (Seal)
Stuart RosenPeter W. May
____________________________ ____________________________
Print Name and Title Print Individual's Name
Individual Acknowledgment
State of New York______________)
)
County of New York____________ )
This instrument was acknowledged before me on April 15, 2003, by _______Peter W. May___________.
(Guarantor)
(Seal) /s/ Stefanie A. Firtell______________
_____________________________________
Notary Public
in and for the State of New York
June 10, 2006Stefanie A. Firtell
_________________ _________________
My Commission Expires Print Name of Notary
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the
__ day of April, 2003.
Witnessed By: Guarantor:
_________________ _________________ (Seal)
_________________ _________________
Print Name and Title Print Individual's Name
Corporate or Partnership Guarantor:
TRIARC COMPANIES, INC.
(Name of Corporation, Partnership, etc.)
By: /s/ Francis T. McCarron_________________(Seal)
Name: Francis T. McCarron_________________
Title: Senior Vice President Chief Financial Officer
/s/ Stuart Rosen
__________________________________
Attest (If Applicable)
[Corporate Seal]
Corporate Acknowledgment
State of New York _________________ )
)
County of New York _________________ )
This instrument was acknowledged before me on _April 15_________, 2003, by Francis T. McCarron, Senior V.P.-Chief Financial
Officer of Triarc Companies, Inc., a ___Delaware__________ corporation, on behalf of said corporation.
(Seal) /s/ Stefanie A. Firtell_________________
_________________
Notary Public
in and for the State of New York
June 10, 2006Stefanie A. Firtell
_________________ _________________
My Commission Expires Print Name of Notary
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the
15 day of April, 2003.
Witnessed By: Guarantor:
/s/ Stuart Rosen_________________ /s/ Nelson Peltz_________________ (Seal)
Stuart RosenNelson Peltz
____________________________ ____________________________
Print Name and Title Print Individual's Name
Individual Acknowledgment
State of New York_________________ )
)
County of New York _________________ )
This instrument was acknowledged before me on April 15, 2003, by _______Nelson Peltz___________.
(Guarantor)
(Seal) /s/ Stefanie A. Firtell_________________
Notary Public
in and for the State of New York
June 10, 2006Stefanie A. Firtell
My Commission Expires Print Name of Notary
ACKNOWLEDGMENT OF LIMITED GUARANTY
The undersigned refers to the Limited Guaranty, dated September 25, 1998, executed by the undersigned in favor of Bank of
America, N.A., formerly known as NationsBank, N.A. (the "Guaranty"), pursuant to which the undersigned guaranteed the repayment of
the Liabilities (as defined in the Guaranty) with respect to certain Notes (as defined in the Guaranty) executed by Midland Credit
Management Inc. in favor of NationsBank, N.A. in the aggregate original principal amount of $15,000,000, in each case subject to
the limitations set forth in paragraph 1 of the Guaranty (the "Guaranty Limit"). The undersigned acknowledges and confirms that
(A) the Seventh Amended and Restated Promissory Note, dated April 10, 2003, executed by Midland Credit Management Inc. to the
order of Bank of America, N.A. and in the original principal amount of $5,000,000 (the "New Note"), constitutes a renewal and
extension of the Notes, (B) any reference to "Note" in the Guaranty shall mean the New Note, as amended or otherwise modified from
time to time, and (C) the Guaranty shall remain in full force and effect with respect to the New Note and is hereby ratified and
confirmed in all respects. For the avoidance of doubt, this Acknowledgment and all other substantially similar acknowledgments by
additional guarantors dated on or about the date hereof relating to the New Note collectively acknowledge guaranties of an
aggregate of $5,000,000 plus accrued and unpaid interest.
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the
__ day of April, 2003.
Witnessed By: Guarantor:
_________________ _________________(Seal)
_________________ _________________
Print Name and Title Print Individual's Name
Corporate or Partnership Guarantor:
CONSOLIDATED PRESS HOLDINGS LTD.
(Name of Corporation, Partnership, etc.)
By: /s/ G. A. Cubben_________________ (Seal)
Name: G. A. Cubben
Title: Director
/s/ R. B. Davis, Company Secretary_________________
__________________________________
Attest (If Applicable)
[Corporate Seal]
Corporate Acknowledgment
State of _________________ )
)
County of _________________ )
This instrument was acknowledged before me on __________, 2003, by __________, ________________ of __________________, a
____________________ corporation, on behalf of said corporation.
(Seal) ____________________________
Notary Public
in and for the State of
_________________ ____________________________
My Commission Expires Print Name of Notary
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the
__ day of April, 2003.
Witnessed By: Guarantor:
/s/ D. Ward /s/ Peter Nigel Stewart Frazer_________________(Seal)
D. Ward, P.A. to Major Frazer Peter Nigel Stewart Frazer
_________________ _________________
Print Name and Title Print Individual's Name
Individual Acknowledgment
State of_________________ )
)
County of _________________ )
This instrument was acknowledged before me on ___________, 2003, by .
(Guarantor)
(Seal) ____________________________
Notary Public
in and for the State of______________
_________________ _________________
My Commission Expires Print Name of Notary
ACKNOWLEDGMENT OF LIMITED GUARANTY
The undersigned refers to the Limited Guaranty, dated July 15, 1999, executed by the undersigned in favor of Bank of
America, N.A. (the "Guaranty"), pursuant to which the undersigned guaranteed the repayment of the Liabilities (as defined in the
Guaranty) with respect to a Note (as defined in the Guaranty) executed by Midland Credit Management Inc. in favor of Bank of
America, N.A. in the aggregate original principal amount of $15,000,000. The undersigned acknowledges and confirms that (A) the
Seventh Amended and Restated Promissory Note, dated April 10, 2003, executed by Midland Credit Management Inc. to the order of
Bank of America, N.A. and in the original principal amount of $5,000,000 (the "New Note"), constitutes a renewal and extension of
the Note, (B) any reference to "Note" in the Guaranty shall mean the New Note, as amended or otherwise modified from time to time,
and (C) the Guaranty shall remain in full force and effect with respect to the New Note and is hereby ratified and confirmed in
all respects. For the avoidance of doubt, this Acknowledgment and all other substantially similar acknowledgments by additional
guarantors dated on or about the date hereof relating to the New Note collectively acknowledge guaranties of an aggregate of
$5,000,000 plus accrued and unpaid interest.
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the
__ day of April, 2003.
Witnessed By: Guarantor:
_________________ _________________ (Seal)
_________________ _________________
Print Name and Title Print Individual's Name
Corporate or Partnership Guarantor:
ENCORE CAPITAL GROUP, INC.
(Name of Corporation, Partnership, etc.)
By: /s/ Barry R. Barkley_________________(Seal)
Name: Barry R. Barkley______________
Title: EVP and CFO______________
_______________________________
Attest (If Applicable)
[Corporate Seal]
Corporate Acknowledgment
State of California______________ )
)
County of San Diego______________ )
This instrument was acknowledged before me on April 10____, 2003, by _Barry Barkley_________, EVP & CFO_______ of Encore Capital
Group, Inc.________, a ___Delaware___________ corporation, on behalf of said corporation.
/s/ Siobhan MacIver
____________________________
(Seal) Notary Public
in and for the State of California
July 13, 2008
____________________________ ____________________________
My Commission Expires
ACKNOWLEDGMENT OF LIMITED GUARANTY
The undersigned refers to the Limited Guaranty, dated July 15, 1999, executed by the undersigned in favor of Bank of
America, N.A. (the "Guaranty"), pursuant to which the undersigned guaranteed the repayment of the Liabilities (as defined in the
Guaranty) with respect to a Note (as defined in the Guaranty) executed by Midland Credit Management Inc. in favor of Bank of
America, N.A. in the aggregate original principal amount of $15,000,000. The undersigned acknowledges and confirms that (A) the
Seventh Amended and Restated Promissory Note, dated April 10, 2003, executed by Midland Credit Management Inc. to the order of
Bank of America, N.A. and in the original principal amount of $5,000,000 (the "New Note"), constitutes a renewal and extension of
the Note, (B) any reference to "Note" in the Guaranty shall mean the New Note, as amended or otherwise modified from time to time,
and (C) the Guaranty shall remain in full force and effect with respect to the New Note and is hereby ratified and confirmed in
all respects. For the avoidance of doubt, this Acknowledgment and all other substantially similar acknowledgments by additional
guarantors dated on or about the date hereof relating to the New Note collectively acknowledge guaranties of an aggregate of
$5,000,000 plus accrued and unpaid interest.
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the
16th day of April, 2003.
Witnessed By: Guarantor:
/s/ Lydia Jasso_________________ /s/ Franklin I. Chandler_________________ (Seal)
__________________________________ __________________________________
Franklin I. Chandler
__________________________________ __________________________________
Print Name and Title Print Individual's Name
Corporate or Partnership Guarantor:
CHANDLER FAMILIY LIMITED PARNERSHIP
(Name of Corporation, Partnership, etc.)
By:_________________ (Seal)
Name:_________________
Title: Partner_________________
_________________
Attest (If Applicable)
[Corporate Seal]
Corporate Acknowledgment
State of_________________ )
)
County of_________________ )
This instrument was acknowledged before me on April 16__________, 2003, by __________, ________________ of __________________, a
____________________ corporation, on behalf of said corporation.
/s/ Lydia Jasso_________________
(Seal) Notary Public
in and for the State of Kansas
10-30-03 Lydia Jasso
_________________ _________________
My Commission Expires Print Name of Notary
My Commission Expires Print Name of Notary
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the
__ day of April, 2003.
Witnessed By: Guarantor:
_________________ __________________________________ (Seal)
_________________ Frankllin Chandler_________________
Print Name and Title Print Individual's Name
Individual Acknowledgment
State of _________________ )
)
County of _________________ )
This instrument was acknowledged before me on ___________, 2003, by .
(Guarantor)
(Seal) ____________________________
Notary Public
in and for the State of______________
_________________ _________________
My Commission Expires Print Name of Notary
Dates Referenced Herein and Documents Incorporated by Reference
