This excerpt taken from the NEWS 8-K filed May 21, 2007.
ITEM 1.01 Entry into a Material Definitive Agreement.
On May 15, 2007, NewStar Financial, Inc. (the Company) entered into the Master Participation Agreement dated as of May 4, 2007 among NewStar Arcturus CLO I Ltd., (the Seller), Citigroup Financial Products, Inc. (the Participant) and NewStar Asset Management LLC as collateral manager (the Collateral Manager). The Master Participation Agreement establishes an agreement where the Seller, itself or acting through the Collateral Manager, may from time to time propose to sell to the Participant, and the Participant may from time to time propose to purchase from the Seller, an undivided interest in (i) certain loan obligations and participations therein owned by the Seller (together, Obligations) and (ii) all rights and obligations of the Seller with respect to the Obligations, as may be agreed upon in one or more confirmations of sale to the extent and on the terms and conditions set forth within the Master Participation Agreement.
On May 15, 2007, the Company entered into the Asset Acquisition Agreement dated as of May 4, 2007 by and among the Seller, the Collateral Manager and Citigroup Financial Products Inc. (CFPI). The parties entered into the Asset Acquisition Agreement to evidence, among other things, the agreements of the Seller, the Collateral Manager and CFPI with respect to (i) the acquisition by the Seller of certain qualifying obligations (Portfolio Obligations), (ii) the financing by CFPI of the Sellers purchase of Portfolio Obligations, and (iii) the appointment of the Collateral Manager to perform, on behalf of the Seller, certain duties with respect to the Portfolio Obligations.
The Master Participation Agreement and the Asset Acquisition Agreement are filed as Exhibits 10.1 and 10.2, respectively to this report, and the descriptions of these documents within this report are qualified in their entirety by the full text set forth in those exhibits, which is incorporated herein by this reference.
This excerpt taken from the NEWS 8-K filed Apr 3, 2007.
ITEM 1.01. Entry into a Material Definitive Agreement.
NewStar Financial, Inc. (the Company) increased its credit facilities by an aggregate of $200,000,000.
On February 16, 2007, the Company entered into Amendment No. 6 dated as of February 16, 2007 to the Amended and Restated Sale and Servicing Agreement, dated as of April 5, 2006, by and among NewStar CP Funding LLC, as borrower, the Company, as originator and servicer, Wachovia Bank, National Association, as swingline purchaser, Wachovia Capital Markets, LLC, as administrative agent and VFCC Agent, U.S. Bank National Association, as trustee, Lyon Financial Services, Inc. as backup servicer and each of the conduit purchaser and purchaser agents thereto from time to time. The amendment increased the Facility Amount to $400,000,000.
On March 29, 2007, the Company entered into the Fifth Omnibus Amendment dated as of March 27, 2007 to the Note Purchase Agreement, dated as of December 30, 2005 by and among NewStar Warehouse Funding 2005 LLC, as Issuer, the Company, as Seller and Servicer and Citigroup Global Markets Realty Corp., as Note Purchaser. The amendment increased the Note Purchase Obligation Limit to $400,000,000 and extended the maturity date of the facility to December 30, 2009.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
NEWSTAR FINANCIAL INC.
Date: April 3, 2007
By: /s/ JOHN K. BRAY
John K. Bray
Chief Financial Officer