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Amendment Agreement [No. 10]
Amendment Agreement [No. 10] (11K)
Doc #219989: Click preview link for longer preview.
{DOCUMENT}
{TYPE}EX-10.227
{SEQUENCE}14
{FILENAME}l99132aexv10w227.txt
{DESCRIPTION}EX-10.227
{TEXT}
{PAGE}
Exhibit 10-227
TENTH AMENDMENT AGREEMENT
THIS TENTH AMENDMENT AGREEMENT (this "Agreement") is made as of the 2nd
day of January, 2003, by and among BANK ONE, NA (fka Bank One, Akron, NA)
("Lender"), LEXINGTON PRECISION CORPORATION, a Delaware corporation ("LPC"), and
LEXINGTON RUBBER GROUP, INC. (fka Lexington Components, Inc.), a Delaware
corporation ("LRG", hereinafter LPC and LRG are referred to each as "Borrower"
singularly and referred to jointly and severally as "Borrowers", which term
shall mean each of the companies individually and both of the companies
collectively).
WHEREAS, Borrowers and Lender are parties to a certain Credit Facility
and Security Agreement, including Rider A thereto, dated as of January 31, 1997,
as amended and as it may from time to time be further amended, supplemented or
otherwise modified, which provides for certain credit facilities all upon the
terms and conditions set forth therein ("Credit and Security Agreement");
WHEREAS, Borrowers and Lender desire to amend the Credit and Security
Agreement to modify certain provisions thereof; and
WHEREAS, each term used herein shall be defined in accordance with the
Credit and Security Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants herein and for other valuable considerations, Borrowers and Lender
agree as follows:
1. Section 2(B)(2)(b) of the Credit and Security Agreement is
hereby deleted in its entirety with the following being inserted in place
thereof:
(b) FIXED PRINCIPAL INSTALLMENTS. Subject otherwise
to the terms and provisions of the North Canton Term Note, the
principal balance of the North Canton Term Loan shall be
payable in two (2) equal monthly installments of ELEVEN
THOUSAND ONE HUNDRED ELEVEN AND 11/100 DOLLARS ($11,111.11)
each, on January 2, 2003 and February 1, 2003, with the
balance thereof payable in full on February 17, 2003.
2. Section 2(C)(2)(b) of the Credit and Security Agreement is
hereby deleted in its entirety with the following being inserted in place
thereof:
(b) FIXED PRINCIPAL INSTALLMENTS. Subject otherwise
to the terms and provisions of the Vienna Term Note, the
principal balance of the Vienna Term Loan shall be payable in
two (2) equal monthly installments of EIGHT THOUSAND THREE
HUNDRED THIRTY THREE AND 33/100 DOLLARS ($8,333.33) each, on
January 2, 2003 and February 1, 2003, with the balance thereof
payable in full on February 17, 2003.
{PAGE}
3. Section 2(D)(2) of the Credit and Security Agreement is hereby
deleted in its entirety with the following being inserted in place thereof:
2. CASA GRANDE TERM LOAN. At the end of the Casa Grande
Commitment Period, the Casa Grande Construction Loans automatically
converted to a term loan (the "Casa Grande Term Loan"). The Casa Grande
Note shall evidence the Casa Grande Term Loan. The Casa Grande Term
Loan shall be payable in two (2) equal monthly installments of SIXTEEN
THOUSAND SIX HUNDRED SIXTY-SIX AND 00/100 DOLLARS ($16,666.00) each,
together with all accrued interest due at the time of payment of
principal, on January 2, 2003 and February 1, 2003, with the balance
thereof payable in full on February 17, 2003. The Casa Grande Term Loan
shall bear interest on the unpaid principal balance at a rate per annum
equal to the Base Rate plus three-fourths of one percent (3/4%). Such
interest is payable monthly on January 2, 2003 and February 1, 2003.
Interest shall be computed on a three hundred sixty (360)-day basis
based upon the actual number of days elapsed.
4. Section 2(E)(2)(b) of the Credit and Security Agreement is
hereby deleted in its entirety with the following being inserted in place
thereof:
(b) FIXED PRINCIPAL INSTALLMENTS. Subject otherwise
to the terms and provisions of the LaGrange Term Note, the
principal balance of the LaGrange Term Loan shall be payable
in two (2) equal monthly installments of EIGHT THOUSAND EIGHT
HUNDRED EIGHTY-EIGHT AND 89/100 DOLLARS ($8,888.89) each, on
January 2, 2003 and February 1, 2003, with the balance thereof
payable in full on February 17, 2003.
5. As a condition precedent to the effectiveness of this
Agreement, Borrowers shall pay all reasonable legal fees and expenses of Lender
incurred in connection with this Agreement.
6. Borrowers hereby represent and warrant to Lender that (a) each
Borrower has the legal power and authority to execute and deliver this
Agreement; (b) this Agreement has been duly executed and delivered by each
Borrower; (c) the execution and delivery hereof by each Borrower and the
performance and observance by each Borrower of the provisions hereof do not
violate or conflict with the organizational documents of such Borrower or any
law applicable to such Borrower or result in a breach of any provision of or
constitute a default under any other agreement, instrument or document binding
upon or enforceable against such Borrower; (d) as of the date hereof, and after
giving effect to the transactions contemplated by this Agreement, each Borrower
is able to pay its debts as they mature and each Borrower's capital is
sufficient and not unreasonably small for the business and transaction in which
such Borrower is engaged or about to engage; (e) no Default or Event of Default
exists under the Credit and Security Agreement, nor will a Default or Event of
Default occur upon the execution and delivery of this Agreement; and (f) this
Agreement has been duly authorized, executed, and delivered by each Borrower and
constitutes a legal, valid and binding obligation of each Borrower, enforceable
in accordance with its terms.
2
{PAGE}
7. Each reference that is made in the Credit and Security
Agreement or any other writing shall hereafter be construed as a reference to
the Credit and Security Agreement as amended hereby. Except as herein otherwise
specifically provided, all provisions of the Credit and Security Agreement shall
remain in full force and effect in accordance with their terms and shall not be
amended or modified hereby.
8. This Agreement may be executed in any number of counterparts
and by different parties hereto in separate counterparts and by facsimile
signature, each of which when so executed and delivered shall be deemed to be an
original and all of which taken together shall constitute but one and the same
agreement.
9. THIS AGREEMENT AND THE NOTES SHALL BE GOVERNED BY, AND
CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF
OHIO. EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT OR AS REQUIRED BY
APPLICABLE LAW, EACH BORROWER WAIVES (i) PRESENTMENT, DEMAND AND PROTEST AND
NOTICE OF PRESENTMENT, PROTEST, DEFAULT, NONPAYMENT, MATURITY, RELEASE,
COMPROMISE, SETTLEMENT, EXTENSION OR RENEWAL OF ANY OR ALL COMMERCIAL PAPER,
ACCOUNTS, CONTRACT RIGHTS, DOCUMENTS, INSTRUMENTS, CHATTEL PAPER AND GUARANTIES
AT ANY TIME HELD BY LENDER ON WHICH ANY BORROWER MAY IN ANY WAY BE LIABLE, (ii)
NOTICE PRIOR TO TAKING POSSESSION OR CONTROL OF THE COLLATERAL WHICH MIGHT BE
REQUIRED BY ANY COURT PRIOR TO ALLOWING LENDER TO EXERCISE ANY OF LENDER'S
219989
|
 Bank One
As referenced in this Amendment Agreement [No. 10]:
BANK ONE, NA – 227
TENTH AMENDMENT AGREEMENT
THIS TENTH AMENDMENT AGREEMENT (this "Agreement") is made as of the 2nd
day of January, 2003, by and among BANK ONE, NA (fka Bank One, Akron, NA)
("Lender"), LEXINGTON PRECISION CORPORATION, a Delaware corporation ("LPC"), and
LEXINGTON RUBBER GROUP, INC. (fka Lexington Components, Inc.),
_____________
BANK ONE, NA – Its: CHAIRMAN OF THE BOARD
-------------------------------------
LEXINGTON RUBBER GROUP, INC.
(fka Lexington Components, Inc.)
By: /s/ MICHAEL A. LUBIN
-------------------------------------
Its: CHAIRMAN OF THE BOARD
-------------------------------------
BANK ONE, NA (fka as Bank One, Akron, NA)
By: /s/ RANDY ABRAMS
-------------------------------------
Its: ASSISTANT VICE PRESIDENT
-------------------------------------
4
{/TEXT}
{/DOCUMENT}
_____________
dt 100293
;
Bank One, Akron, NA;
| Lexington Rubber Group, Inc.;
Lexington Components, Inc.
|
| Preview
Full Doc
| 2001 |
Amendment Agreement
Amendment Agreement (31K)
Doc #330748: Click preview link for longer preview.
{DOCUMENT}
{TYPE}EX-10
{SEQUENCE}14
{FILENAME}abs10k2000exhibit10-281.txt
{DESCRIPTION}AMENDMENT TO CREDIT AGREEMENT 5 YEAR
{TEXT}
Exhibit 10.28.1
[EXECUTION COPY]
AMENDMENT AGREEMENT
This AMENDMENT AGREEMENT (this "Agreement") is entered into as of
March 15, 2001 by and among Albertson's, Inc., a Delaware corporation (the
"Company"), the several financial institutions party to this Agreement
(individually, a "Bank" and, collectively, the "Banks"), and Bank of America,
N.A., as Swingline Bank and as administrative agent for itself, the Designated
Bidders and the Banks (in such capacity, the "Agent").
WHEREAS, the Company, the Banks party thereto and the Agent entered
into a Credit Agreement dated as of March 22, 2000 (as in effect as of the date
of this Agreement, the "Credit Agreement") providing for a multiyear revolving
credit facility; and
WHEREAS, the parties hereto desire to amend the Credit Agreement as
set forth herein, subject to the terms and conditions of this Agreement;
NOW, THEREFORE, the parties hereto agree as follows:
1. Definitions; References; Interpretation.
(a) Unless otherwise specifically defined herein, each term used herein
(including in the Recitals hereof) which is defined in the Credit Agreement
shall have the meaning assigned to such term in the Credit Agreement.
(b) Each reference to "this Agreement", "hereof", "hereunder", "herein" and
"hereby" and each other similar reference contained in the Credit Agreement, and
each reference to "the Credit Agreement" and each other similar reference in the
other Loan Documents, shall from and after the Effective Date (as defined in
subsection 2) refer to the Credit Agreement as amended hereby.
(c) The rules of interpretation set forth in Section 1.02 of the Credit
Agreement shall be applicable to this Agreement.
2. Amendments to Credit Agreement. Subject to the terms and conditions hereof,
the Credit Agreement is amended as follows, effective as of the date of satis-
faction of the conditions set forth in Section 4 (the "Effective Date"):
(a) Amendments to Article I of the Credit Agreement. The term "364-Day
Credit Agreement" defined in the Credit Agreement shall mean the Amended and
Restated Credit Agreement dated as of the date hereof, among the Company, BofA
as agent, and the other financial institutions party thereto, providing for a
364 day revolving credit facility.
{PAGE}
(b) Amendment to Annex I of the Credit Agreement. Annex I of the Credit
Agreement is replaced in its entirety by Annex I (Amended) attached to this
Agreement.
(c) Amendment to Schedule 10.02 of the Credit Agreement. Schedule 10.02 of
the Credit Agreement is replaced in its entirety by Schedule 10.02 (Amended) of
this Agreement.
3. Representations and Warranties. The Company hereby represents and warrants
to the Agent and the Banks as follows:
(a) No Default or Event of Default has occurred and is continuing (or would
result from the amendment of the Credit Agreement contemplated hereby).
(b) The execution, delivery and performance by the Company of this
Agreement and the Credit Agreement (as amended by this Agreement) have been duly
authorized by all necessary corporate and other action and do not and will not
require any registration with, consent or approval of, or notice to or action
by, any Person (including any Governmental Authority) in order to be effective
and enforceable.
(c) This Agreement and the Credit Agreement (as amended by this Agreement)
constitute the legal, valid and binding obligations of the Company, enforceable
against it in accordance with their respective terms.
(d) All representations and warranties of the Company contained in the
Credit Agreement are true and correct (except to the extent such representations
and warranties expressly refer to an earlier date, in which case they shall be
true and correct as of such earlier date and except that this subsection (d)
shall be deemed instead to refer to (x) the last day of the most recent quarter
and year for which financial statements have then been delivered; (y) to the
most recent Form 10-K and Forms 10-Q filed subsequently thereto by the Company
with the SEC, in respect of the representations and warranties made in
Section 5.05 of the Credit Agreement; and (z) to the most recent Form 10-K filed
by the Company with the SEC, in respect of the representations and warranties
made in Section 5.10(a) of the Credit Agreement).
(e) There has occurred since February 3, 2000, no event or circumstance
that has resulted or could reasonably be expected to result in a Material
Adverse Effect.
(f) The Company is entering into this Agreement on the basis of its own
investigation and for its own reasons, without reliance upon the Agent and the
Banks or any other Person.
(g) The Company's obligations under the Credit Agreement and under the
other Loan Documents are not subject to any defense, counterclaim, set-off,
right of recoupment, abatement or other claim.
4. Conditions of Effectiveness.
(a) The effectiveness of Section 2 of this Agreement shall be subject to
the satisfaction of each of the following conditions precedent:
2
{PAGE}
(1) The Agent shall have received from the Company and each of the
Banks a duly executed original (or, if elected by the Agent, an executed
facsimile copy) of this Agreement.
(2) The Agent shall have received evidence of payment by the Company
of all fees, costs and expenses due and payable as of the Effective Date
hereunder and under the Credit Agreement, including any costs and expenses
payable under Section 5(g) of this Agreement (including the Agent's Attorney
Costs, to the extent invoiced on or prior to the Effective Date).
(3) The Agent shall have received from the Company a copy of the
resolutions passed by the board of directors of the Company, certified as of the
Effective Date by the Secretary or an Assistant Secretary of such Person,
authorizing the execution, delivery and performance of this Agreement and the
Credit Agreement (as amended by this Agreement).
330748
|
Bank One
As referenced in this Amendment Agreement:
BANK ONE, NA – as
Administrative Agent
By: _______________________________
Title: ____________________________
BANK OF AMERICA, N.A., as Swingline
Bank and as a Bank
By: _______________________________
Title: ____________________________
BANK ONE, NA , as Documentation Agent
and as a Bank
By: _______________________________
Title: ____________________________
WACHOVIA BANK, N.A., as Syndication
Agent and as a Bank
_____________
BANK ONE, NA – A.
191 Peachtree Street NE
MC-GA 370
Atlanta, Georgia 30303
Attention: John A. Whitner
Telephone: (404) 332-6738
Facsimile: (404) 332-6898
BANK ONE, NA
as Documentation Agent and as a Bank
Domestic and Offshore Lending Office:
Bank One, NA
1 Bank One Plaza
IL1-0088, 14th
_____________
Bank One, NA – Telephone: (404) 332-6738
Facsimile: (404) 332-6898
BANK ONE, NA
as Documentation Agent and as a Bank
Domestic and Offshore Lending Office:
Bank One, NA
1 Bank One Plaza
IL1-0088, 14th Floor
Chicago, Illinois 60670
Attention: Mike Parisi
Telephone: (312) 732-8588
Facsimile: (312) 732-2715
_____________
Bank One, NA – Illinois 60670
Attention: Mike Parisi
Telephone: (312) 732-8588
Facsimile: (312) 732-2715
Notices (other than Borrowing Notices and Notices of Conversion/Continuation):
Bank One, NA
1 Bank One Plaza
IL1-0086, 14th Floor
Chicago, Illinois 60670
Attention: Paul E. Rigby
Telephone: (312) 732-6132
Facsimile: (312) 336-
_____________
dt 703025
;
Albertson's
As referenced in this Amendment Agreement:
Albertson's, Inc – 10.28.1
[EXECUTION COPY]
AMENDMENT AGREEMENT
This AMENDMENT AGREEMENT (this "Agreement") is entered into as of
March 15, 2001 by and among Albertson's, Inc ., a Delaware corporation (the
"Company"), the several financial institutions party to this Agreement
(individually, a "Bank" and, collectively, the "Banks"), and Bank
_____________
ALBERTSON'S, INC – Agreement to
be duly executed and delivered by their proper and duly authorized officers as
of the day and year first above written.
ALBERTSON'S, INC .
By: _______________________________
Title: ____________________________
BANK OF AMERICA, N.A., as
Administrative Agent
By: _______________________________
Title: ____________________________
BANK OF AMERICA, N.A., as
_____________
Albertson's, Inc – all
outstanding Loans.
Annex I (Amended) -1.
{PAGE}
SCHEDULE 10.02 (AMENDED)
PAYMENT OFFICES; ADDRESSES FOR NOTICES; LENDING OFFICES
COMPANY
Address for Notices:
Albertson's, Inc .
250 Park Center Blvd.
Box 20
Boise, Idaho 83726
Attention: Finance Department
Telephone: (208) 395-6534
Facsimile: (208) 395-6631
BANK OF
_____________
Albertson's, Inc – 312) 828-6269
S-10.02 (Amended) -1.
{PAGE}
Agent's Payment Office:
Bank of America, N.A.
Attention: Agency Services #5596
Reference: Albertson's, Inc .
For credit to Acct. No. 3750836479
ABA No. 111000012
BANK OF AMERICA, N.A.
as a Bank
Domestic and Offshore Lending Office:
(
_____________
dt 684190
;
Stepan
As referenced in this Amendment Agreement:
Stepan
– USA
Domestic and Offshore Lending Office:
Merrill Lynch Bank USA
15 W. South Temple
Suite 300
Salt Lake City, UT 84101
Attention: Frank Stepan
Telephone: (801) 526-8316
Facsimile: (801) 521-6466
S-10.02 (Amended) -10.
{PAGE}
Notices (other than Borrowing Notices and Notices of
_____________
dt 702477
;
|
BofA
As referenced in this Amendment Agreement:
Bank of America,
N.A. – s, Inc., a Delaware corporation (the
"Company"), the several financial institutions party to this Agreement
(individually, a "Bank" and, collectively, the "Banks"), and Bank of America,
N.A. , as Swingline Bank and as administrative agent for itself, the Designated
Bidders and the Banks (in such capacity, the "Agent").
WHEREAS, the
_____________
BANK OF AMERICA, N.A. – by their proper and duly authorized officers as
of the day and year first above written.
ALBERTSON'S, INC.
By: _______________________________
Title: ____________________________
BANK OF AMERICA, N.A. , as
Administrative Agent
By: _______________________________
Title: ____________________________
BANK OF AMERICA, N.A., as Swingline
Bank and as a Bank
By: _______________________________
Title:
_____________
BANK OF AMERICA, N.A. – year first above written.
ALBERTSON'S, INC.
By: _______________________________
Title: ____________________________
BANK OF AMERICA, N.A., as
Administrative Agent
By: _______________________________
Title: ____________________________
BANK OF AMERICA, N.A. , as Swingline
Bank and as a Bank
By: _______________________________
Title: ____________________________
BANK ONE, NA, as Documentation Agent
and as a Bank
By:
_____________
BANK OF AMERICA, N.A. – Albertson's, Inc.
250 Park Center Blvd.
Box 20
Boise, Idaho 83726
Attention: Finance Department
Telephone: (208) 395-6534
Facsimile: (208) 395-6631
BANK OF AMERICA, N.A.
as Agent
Notices for Borrowing, Conversions/Continuations, and Payments:
Bank of America, N.A.
Mail Code: CA4-706-05-09
Agency Services
_____________
Bank of America, N.A. – Department
Telephone: (208) 395-6534
Facsimile: (208) 395-6631
BANK OF AMERICA, N.A.
as Agent
Notices for Borrowing, Conversions/Continuations, and Payments:
Bank of America, N.A.
Mail Code: CA4-706-05-09
Agency Services
1850 Gateway Boulevard
Concord, California 94520
Attention: Jeff Khamsivone
Telephone: (925) 675-8432
Facsimile: (
_____________
dt 659846
;
More... |
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Assignment and Assumption Agreement
Assignment and Assumption Agreement (28K)
Doc #387705: Click preview link for longer preview.
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, National Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and Wells Fargo Home Mortgage, Inc. (the "Company"):
For and in consideration of . . .
387705
|
Bank One
As referenced in this Assignment and Assumption Agreement:
Bank One, Na – bear-ex992_040802.htm EXHIBIT 99.2
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, Na tional Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and
_____________
Bank One, Na – of the Servicing Agreement
6. The Company and the Assignor hereby amend the Servicing Agreement as follows:
The following definitions are added to Article I of the Servicing Agreement:
"Assignee: Bank One, Na tional Association, as trustee for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1.
Monthly Advance: The portion of each Monthly Payment
_____________
Bank One, Na – New York 10179
Attention: Baron Silverstein
Facsimile: (212) 272-5591
The Assignee's address for purposes of all notices and correspondence related to the Mortgage Loans and this Agreement is:
Bank One, Na tional Association,
as trustee
153 West 51st Street, 5th Floor
New York, New York 10019
Attention: Corporate Trust, BSABS 2002-1
The Company's address for purposes of all notices
_____________
BANK ONE, NA – terms of this Agreement shall control.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the date first above written.
BANK ONE, NA TIONAL ASSOCIATION,
as trustee for the holders of Bear Stearns
Asset-Backed Securities Trust 2002-1,
Asset-Backed Certificates, Series 2002-1
By: /s/ Sandra Whalen
Its:Vice President
Taxpayer
_____________
dt 1041761
;
|
Wells Fargo Bank
As referenced in this Assignment and Assumption Agreement:
Wells Fargo Bank Minnesota, Na – Ratings Group, Fitch Investors Services, Inc., or any other nationally recognized statistical credit rating agency."
7. Wire Instructions: Distributions shall be made by wire transfer of immediately available funds to Wells Fargo Bank Minnesota, Na tional Association, ABA# 091-000-019, for credit to SAS Clearing Account# 3970771416, for further credit to BSABS 2002-1, Acct# 12364400. Applicable statements should be mailed to 11000 Broken
_____________
dt 1011142
|
| Preview
Full Doc
| 2002 |
Assignment and Assumption Agreement
Assignment and Assumption Agreement (27K)
Doc #387706: Click preview link for longer preview.
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, National Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and Wells Fargo Home Mortgage, Inc. (the "Company"):
For and in consideration of . . .
387706
|
Bank One
As referenced in this Assignment and Assumption Agreement:
Bank One, Na – bear-ex993_040802.htm EXHIBIT 99.3
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, Na tional Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and
_____________
Bank One, Na – of the Servicing Agreement
6. The Company and the Assignor hereby amend the Servicing Agreement as follows:
The following definitions are added to Article I of the Servicing Agreement:
"Assignee: Bank One, Na tional Association, as trustee for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1.
Monthly Advance: The portion of each Monthly Payment
_____________
Bank One, Na – New York 10179
Attention: Baron Silverstein
Facsimile: (212) 272-5591
The Assignee's address for purposes of all notices and correspondence related to the Mortgage Loans and this Agreement is:
Bank One, Na tional Association,
as trustee
153 West 51st Street, 5th Floor
New York, New York 10019
Attention: Corporate Trust, BSABS 2002-1
The Company's address for purposes of all notices
_____________
BANK ONE, NA – terms of this Agreement shall control.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the date first above written.
BANK ONE, NA TIONAL ASSOCIATION,
as trustee for the holders of Bear Stearns
Asset-Backed Securities Trust 2002-1,
Asset-Backed Certificates, Series 2002-1
By: /s/ Sandra Whalen
Its:Vice President
Taxpayer
_____________
dt 1041763
;
|
Wells Fargo Bank
As referenced in this Assignment and Assumption Agreement:
Wells Fargo Bank Minnesota, Na – Ratings Group, Fitch Investors Services, Inc., or any other nationally recognized statistical credit rating agency."
7. Wire Instructions: Distributions shall be made by wire transfer of immediately available funds to Wells Fargo Bank Minnesota, Na tional Association, ABA# 091-000-019, for credit to SAS Clearing Account# 3970771416, for further credit to BSABS 2002-1, Acct# 12364400. Applicable statements should be mailed to 11000 Broken
_____________
dt 1011143
|
| Preview
Full Doc
| 2002 |
Assignment and Assumption Agreement
Assignment and Assumption Agreement (22K)
Doc #387707: Click preview link for longer preview.
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, National Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and Wells Fargo Home Mortgage, Inc. (the "Company"):
For and in consideration of . . .
387707
|
Bank One
As referenced in this Assignment and Assumption Agreement:
Bank One, Na – EXHIBIT 99.4
Exhibit 99.4
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, Na tional Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and
_____________
Bank One, Na – of the Servicing Agreement
6. The Company and the Assignor hereby amend the Servicing Agreement as follows:
The following definition is added to Article I of the Servicing Agreement:
"Assignee: Bank One, Na tional Association, as trustee for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1."
The following are added as the last three
_____________
Bank One, Na – New York 10179
Attention: Baron Silverstein
Facsimile: (212) 272-5591
The Assignee's address for purposes of all notices and correspondence related to the Mortgage Loans and this Agreement is:
Bank One, Na tional Association,
as trustee
153 West 51st Street, 5th Floor
New York, New York 10019
Attention: Corporate Trust, BSABS 2002-1
The Company's address for purposes of all notices
_____________
BANK ONE, NA – terms of this Agreement shall control.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the date first above written.
BANK ONE, NA TIONAL ASSOCIATION,
as trustee for the holders of Bear Stearns
Asset-Backed Securities Trust 2002-1,
Asset-Backed Certificates, Series 2002-1
By: /s/ Sandra Whalen
Its: Vice President
Taxpayer
_____________
dt 1041765
;
|
Wells Fargo Bank
As referenced in this Assignment and Assumption Agreement:
Wells Fargo Bank Minnesota, Na – the Code or "permitted investments" as defined in Section 860G(a)(5) of the Code."
7. Wire Instructions: Distributions shall be made by wire transfer of immediately available funds to Wells Fargo Bank Minnesota, Na tional Association, ABA# 091-000-019, for credit to SAS Clearing Account# 3970771416, for further credit to BSABS 2002-1, Acct# 12364400. Applicable statements should be mailed to 11000 Broken
_____________
dt 1011144
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| Preview
Full Doc
| 2002 |
Assignment and Assumption Agreement
Assignment and Assumption Agreement (22K)
Doc #387708: Click preview link for longer preview.
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, National Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and Wells Fargo Home Mortgage, Inc. (the "Company"):
For and in consideration of . . .
387708
|
Bank One
As referenced in this Assignment and Assumption Agreement:
Bank One, Na – bear-ex995_040802.htm EXHIBIT 99.5
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, Na tional Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and
_____________
Bank One, Na – of the Servicing Agreement
6. The Company and the Assignor hereby amend the Servicing Agreement as follows:
The following definition is added to Article I of the Servicing Agreement:
"Assignee: Bank One, Na tional Association, as trustee for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1."
The following are added as the last three
_____________
Bank One, Na – New York 10179
Attention: Baron Silverstein
Facsimile: (212) 272-5591
The Assignee's address for purposes of all notices and correspondence related to the Mortgage Loans and this Agreement is:
Bank One, Na tional Association,
as trustee
153 West 51st Street, 5th Floor
New York, New York 10019
Attention: Corporate Trust, BSABS 2002-1
The Company's address for purposes of all notices
_____________
BANK ONE, NA – terms of this Agreement shall control.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the date first above written.
BANK ONE, NA TIONAL ASSOCIATION,
as trustee for the holders of Bear Stearns
Asset-Backed Securities Trust 2002-1,
Asset-Backed Certificates, Series 2002-1
By: /s/ Sandra Whalen
Its:Vice President
Taxpayer
_____________
dt 1041767
;
|
Wells Fargo Bank
As referenced in this Assignment and Assumption Agreement:
Wells Fargo Bank Minnesota, Na – the Code or "permitted investments" as defined in Section 860G(a)(5) of the Code."
7. Wire Instructions: Distributions shall be made by wire transfer of immediately available funds to Wells Fargo Bank Minnesota, Na tional Association, ABA# 091-000-019, for credit to SAS Clearing Account# 3970771416, for further credit to BSABS 2002-1, Acct# 12364400. Applicable statements should be mailed to 11000 Broken
_____________
dt 1011145
|
| Preview
Full Doc
| 2002 |
Assignment and Assumption Agreement
Assignment and Assumption Agreement (22K)
Doc #387709: Click preview link for longer preview.
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, National Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and Wells Fargo Home Mortgage, Inc. (the "Company"):
For and in consideration of . . .
387709
|
Bank One
As referenced in this Assignment and Assumption Agreement:
Bank One, Na – bear-ex996_040802.htm EXHIBIT 99.6
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, Na tional Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and
_____________
Bank One, Na – of the Servicing Agreement
6. The Company and the Assignor hereby amend the Servicing Agreement as follows:
The following definition is added to Article I of the Servicing Agreement:
"Assignee: Bank One, Na tional Association, as trustee for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1."
The following are added as the last three
_____________
Bank One, Na – New York 10179
Attention: Baron Silverstein
Facsimile: (212) 272-5591
The Assignee's address for purposes of all notices and correspondence related to the Mortgage Loans and this Agreement is:
Bank One, Na tional Association,
as trustee
153 West 51st Street, 5th Floor
New York, New York 10019
Attention: Corporate Trust, BSABS 2002-1
The Company's address for purposes of all notices
_____________
BANK ONE, NA – terms of this Agreement shall control.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the date first above written.
BANK ONE, NA TIONAL ASSOCIATION,
as trustee for the holders of Bear Stearns
Asset-Backed Securities Trust 2002-1,
Asset-Backed Certificates, Series 2002-1
By: /s/ Sandra Whalen
Its:Vice President
Taxpayer
_____________
dt 1041768
;
|
Wells Fargo Bank
As referenced in this Assignment and Assumption Agreement:
Wells Fargo Bank Minnesota, Na – the Code or "permitted investments" as defined in Section 860G(a)(5) of the Code."
7. Wire Instructions: Distributions shall be made by wire transfer of immediately available funds to Wells Fargo Bank Minnesota, Na tional Association, ABA# 091-000-019, for credit to SAS Clearing Account# 3970771416, for further credit to BSABS 2002-1, Acct# 12364400. Applicable statements should be mailed to 11000 Broken
_____________
dt 1011146
|
| Preview
Full Doc
| 2002 |
Assignment and Assumption Agreement
Assignment and Assumption Agreement (22K)
Doc #387710: Click preview link for longer preview.
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, National Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and Wells Fargo Home Mortgage, Inc. (the "Company"):
For and in consideration of . . .
387710
|
Bank One
As referenced in this Assignment and Assumption Agreement:
Bank One, Na – bear-ex997_040802.htm EXHIBIT 99.7
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, Na tional Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and
_____________
Bank One, Na – of the Servicing Agreement
6. The Company and the Assignor hereby amend the Servicing Agreement as follows:
The following definition is added to Article I of the Servicing Agreement:
"Assignee: Bank One, Na tional Association, as trustee for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1."
The following are added as the last three
_____________
Bank One, Na – New York 10179
Attention: Baron Silverstein
Facsimile: (212) 272-5591
The Assignee's address for purposes of all notices and correspondence related to the Mortgage Loans and this Agreement is:
Bank One, Na tional Association,
as trustee
153 West 51st Street, 5th Floor
New York, New York 10019
Attention: Corporate Trust, BSABS 2002-1
The Company's address for purposes of all notices
_____________
BANK ONE, NA – terms of this Agreement shall control.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the date first above written.
BANK ONE, NA TIONAL ASSOCIATION,
as trustee for the holders of Bear Stearns
Asset-Backed Securities Trust 2002-1,
Asset-Backed Certificates, Series 2002-1
By: /s/ Sandra Whalen
Its:Vice President
Taxpayer
_____________
dt 1041770
;
|
Wells Fargo Bank
As referenced in this Assignment and Assumption Agreement:
Wells Fargo Bank Minnesota, Na – the Code or "permitted investments" as defined in Section 860G(a)(5) of the Code."
7. Wire Instructions: Distributions shall be made by wire transfer of immediately available funds to Wells Fargo Bank Minnesota, Na tional Association, ABA# 091-000-019, for credit to SAS Clearing Account# 3970771416, for further credit to BSABS 2002-1, Acct# 12364400. Applicable statements should be mailed to 11000 Broken
_____________
dt 1011147
|
| Preview
Full Doc
| 2002 |
Assignment and Assumption Agreement
Assignment and Assumption Agreement (22K)
Doc #387711: Click preview link for longer preview.
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, National Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and Wells Fargo Home Mortgage, Inc. (the "Company"):
For and in consideration of . . .
387711
|
Bank One
As referenced in this Assignment and Assumption Agreement:
Bank One, Na – EXHIBIT 99.8
Exhibit 99.8
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, Na tional Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and
_____________
Bank One, Na – of the Servicing Agreement
6. The Company and the Assignor hereby amend the Servicing Agreement as follows:
The following definition is added to Article I of the Servicing Agreement:
"Assignee: Bank One, Na tional Association, as trustee for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1."
The following are added as the last three
_____________
Bank One, Na – New York 10179
Attention: Baron Silverstein
Facsimile: (212) 272-5591
The Assignee's address for purposes of all notices and correspondence related to the Mortgage Loans and this Agreement is:
Bank One, Na tional Association,
as trustee
153 West 51st Street, 5th Floor
New York, New York 10019
Attention: Corporate Trust, BSABS 2002-1
The Company's address for purposes of all notices
_____________
BANK ONE, NA – terms of this Agreement shall control.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the date first above written.
BANK ONE, NA TIONAL ASSOCIATION,
as trustee for the holders of Bear Stearns
Asset-Backed Securities Trust 2002-1,
Asset-Backed Certificates, Series 2002-1
By: /s/ Sandra Whalen
Its: Vice President
Taxpayer
_____________
dt 1041772
;
|
Wells Fargo Bank
As referenced in this Assignment and Assumption Agreement:
Wells Fargo Bank Minnesota, Na – the Code or "permitted investments" as defined in Section 860G(a)(5) of the Code."
7. Wire Instructions: Distributions shall be made by wire transfer of immediately available funds to Wells Fargo Bank Minnesota, Na tional Association, ABA# 091-000-019, for credit to SAS Clearing Account# 3970771416, for further credit to BSABS 2002-1, Acct# 12364400. Applicable statements should be mailed to 11000 Broken
_____________
dt 1011149
|
| Preview
Full Doc
| 2002 |
Assignment and Assumption Agreement
Assignment and Assumption Agreement (22K)
Doc #387712: Click preview link for longer preview.
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, National Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and Wells Fargo Home Mortgage, Inc. (the "Company"):
For and in consideration of . . .
387712
|
Bank One
As referenced in this Assignment and Assumption Agreement:
Bank One, Na – EXHIBIT 99.9
Exhibit 99.9
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement"), dated March 28, 2002, among EMC Mortgage Corporation, a Delaware corporation (the "Assignor"), Bank One, Na tional Association, as trustee (in such capacity the "Trustee") for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1 (the "Assignee"), and
_____________
Bank One, Na – of the Servicing Agreement
6. The Company and the Assignor hereby amend the Servicing Agreement as follows:
The following definition is added to Article I of the Servicing Agreement:
"Assignee: Bank One, Na tional Association, as trustee for the holders of Bear Stearns Asset-Backed Securities Trust 2002-1, Asset-Backed Certificates, Series 2002-1."
The following are added as the last three
_____________
Bank One, Na – New York 10179
Attention: Baron Silverstein
Facsimile: (212) 272-5591
The Assignee's address for purposes of all notices and correspondence related to the Mortgage Loans and this Agreement is:
Bank One, Na tional Association,
as trustee
153 West 51st Street, 5th Floor
New York, New York 10019
Attention: Corporate Trust, BSABS 2002-1
The Company's address for purposes of all notices
_____________
BANK ONE, NA – terms of this Agreement shall control.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the date first above written.
BANK ONE, NA TIONAL ASSOCIATION,
as trustee for the holders of Bear Stearns
Asset-Backed Securities Trust 2002-1,
Asset-Backed Certificates, Series 2002-1
By: /s/ Sandra Whalen
Its: Vice President
Taxpayer
_____________
dt 1041773
;
|
Wells Fargo Bank
As referenced in this Assignment and Assumption Agreement:
Wells Fargo Bank Minnesota, Na – the Code or "permitted investments" as defined in Section 860G(a)(5) of the Code."
7. Wire Instructions: Distributions shall be made by wire transfer of immediately available funds to Wells Fargo Bank Minnesota, Na tional Association, ABA# 091-000-019, for credit to SAS Clearing Account# 3970771416, for further credit to BSABS 2002-1, Acct# 12364400. Applicable statements should be mailed to 11000 Broken
_____________
dt 1011150
|
| Preview
Full Doc
| 2002 |
Joint Plan of Reorganization [Amended No. 1]
Joint Plan of Reorganization [Amended No. 1] (1,022K)
Doc #247550: Click preview link for longer preview.
{DOCUMENT}
{TYPE}EX-99
{SEQUENCE}9
{FILENAME}joint.txt
{DESCRIPTION}EX. T3E-2
{TEXT}
Exhibit T3E-2
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
In re: ) Chapter 11
)
COMDISCO, INC. ) (Jointly Administered)
et al., )
Debtors. ) Case No. 01-24795
FIRST AMENDED JOINT PLAN OF REORGANIZATION OF
COMDISCO, INC. AND ITS AFFILIATED DEBTORS
AND DEBTORS IN POSSESSION
John Wm. Butler, Jr.
George N. Panagakis
Felicia Gerber Perlman
SKADDEN, ARPS, SLATE, MEAGHER
& FLOM (ILLINOIS)
333 West Wacker Drive
Chicago, Illinois 60606-1285
(312) 407-0700
ATTORNEYS FOR DEBTORS
Dated: June 13, 2002
{PAGE}
{TABLE}
{CAPTION}
TABLE OF CONTENTS
PAGE
{S} {C}
INTRODUCTION........................................................................................A - 1
ARTICLE I
DEFINED TERMS AND RULES OF INTERPRETATION......................................................A - 4
A. Definitions................................................................................A - 4
1.1 "Administrative Claim"..........................................................A - 4
1.2 "Administrative Claims Bar Date"................................................A - 4
1.3 "Affiliate Debtors".............................................................A - 4
1.4 "Affiliate Interest"............................................................A - 4
1.5 "Affiliates"....................................................................A - 4
1.6 "Allowed".......................................................................A - 4
1.7 "Allowed Claim".................................................................A - 4
1.8 "Allowed ... Claim".............................................................A - 4
1.9 "Avoidance Claims"..............................................................A - 4
1.10 "Ballot"........................................................................A - 5
1.11 "Bankruptcy Code"...............................................................A - 5
1.12 "Bankruptcy Court"..............................................................A - 5
1.13 "Bankruptcy Rules"..............................................................A - 5
1.14 "Bar Date"......................................................................A - 5
1.15 "Bar Date Order"................................................................A - 5
1.16 "Business Day"..................................................................A - 5
1.17 "Cash"..........................................................................A - 5
1.18 "Cash Reserve"..................................................................A - 5
1.19 "Causes of Action"..............................................................A - 5
1.20 "Certificates of Incorporation and By-laws".....................................A - 5
1.21 "Chapter 11 Cases"..............................................................A - 5
1.22 "Chief Executive Officer".......................................................A - 6
1.23 "Claim".........................................................................A - 6
1.24 "Claims Objection Deadline".....................................................A - 6
1.25 "Class".........................................................................A - 6
1.26 "Class C-5"....... |